{"id":"C2016A00087","name":"Federal Safety Commissioner Act 2022","slug":"federal-safety-commissioner-act-2022","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"87 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":55002,"registerId":"commonwealth-C2016A00087-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Federal Safety Commissioner Act 2022.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

1 December 2016

2. Sections 3 to 120

The later of:

(a) 1 January 2014; and

(b) the day after this Act receives the Royal Assent.

2 December 2016

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object\n\n The object of this Act is to promote work health and safety in relation to building work undertaken by a constitutional corporation, the Commonwealth or a corporate Commonwealth entity.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Object","content":"#### 3 Object","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Simplified outline of this Act","content":"#### 4 Simplified outline of this Act\n\nThe Federal Safety Commissioner, and Federal Safety Officers, are responsible for promoting work health and safety in relation to building work. They also have a role in relation to the Work Health and Safety Accreditation Scheme, which is a scheme prescribed by the rules for accrediting persons who carry out building work funded by the Commonwealth or a corporate Commonwealth entity.\n\nFederal Safety Officers may obtain information. Federal Safety Officers can also enter premises for certain purposes. There are protections for, and limitations on the use of, information that is provided under this Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this Act:\n\n> accredited person means a person who is accredited under the WHS Accreditation Scheme.\n\n> authorised applicant for an order relating to a contravention of a civil remedy provision means:\n\n (b) a person affected by the contravention; or\n (c) a person prescribed by the rules for the purposes of this paragraph.\n Rules prescribing persons for the purposes of paragraph (c) may provide that a person is prescribed only in relation to circumstances specified in the rules.\n\n> builder has the meaning given by subsection 43(8).\n\n> building contractor means a person who has entered into, or who has offered to enter into, a contract for services under which the person:\n\n (a) carries out building work; or\n (b) arranges for building work to be carried out.\n\n> building employee means:\n\n (a) a person whose employment consists of, or includes, building work; or\n (b) a person who accepts an offer of engagement as an employee for work that consists of, or includes, building work.\n\n> building employer means an employer who employs, or offers to employ, building employees.\n\n> building work has the meaning given by section 6.\n\n> civil penalty order means an order under paragraph 81(1)(a).\n\n> civil remedy provision means:\n\n (a) a Grade A civil remedy provision; or\n (b) a Grade B civil remedy provision.\n\n> Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.\n\n> compliance powers means functions and powers conferred on a Federal Safety Officer.\n\n> compliance purposes means the purposes referred to in subsection 70(2).\n\n> conduct includes an omission.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> copy a document includes take extracts from the document.\n\n> corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> disclose means divulge or communicate.\n\n> employee has its ordinary meaning, and:\n\n (a) includes an individual who is usually an employee within that meaning; but\n (b) does not include an individual on a vocational placement.\n\n> employer has its ordinary meaning, and includes a person that is usually an employer within that meaning.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n> Federal Court means the Federal Court of Australia.\n\n> Federal Safety Commissioner means the Federal Safety Commissioner referred to in section 37.\n\n> Federal Safety Officer means:\n\n (a) the Federal Safety Commissioner; or\n (b) a person appointed as a Federal Safety Officer under subsection 68(1).\n\n> FW Act means the Fair Work Act 2009.\n\n> Grade A civil remedy provision means:\n\n (a) a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating “Grade A civil penalty”; or\n (b) a subsection of this Act that has a note at its foot stating “Grade A civil penalty”.\n\n> Note: The maximum penalty for a Grade A civil remedy provision is 1,000 penalty units for bodies corporate, and otherwise 200 penalty units (see subsection 81(2)).\n\n> Grade B civil remedy provision means:\n\n (a) a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating “Grade B civil penalty”; or\n (b) a subsection of this Act that has a note at its foot stating “Grade B civil penalty”.\n\n> Note: The maximum penalty for a Grade B civil remedy provision is 100 penalty units for bodies corporate, and otherwise 20 penalty units (see subsection 81(2)).\n\n> Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973.\n\n> land has a meaning affected by subsection 6(6).\n\n> occupier has the same meaning as in the FW Act.\n\n> pre‑construction agreement has the meaning given by subsection 43(8).\n\n> premises has the same meaning as in the FW Act.\n\n> relevant court means each of the following courts:\n\n (a) the Federal Court;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a Supreme Court of a State or Territory;\n (d) a District Court, or County Court, of a State.\n\n> relevant State or Territory court means each of the following courts:\n\n (a) a District, County or Local Court of a State;\n (b) a magistrates court;\n (c) the Industrial Relations Court of South Australia;\n (d) the Industrial Court of New South Wales;\n (e) any other State or Territory court that is prescribed by the rules.\n\n> resources platform means an artificial island, installation or structure attached to the seabed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.\n\n> Secretary means the Secretary of the Department.\n\n> this Act includes the rules and the regulations.\n\n> WHS Accreditation Scheme means the Work Health and Safety Accreditation Scheme referred to in section 43.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of building work","content":"#### 6 Meaning of building work\n\n (1) Subject to subsections (3), (4) and (5), building work means any of the following activities:\n (a) the construction, alteration, extension, restoration, repair, demolition or dismantling of buildings, structures or works that form, or are to form, part of land, whether or not the buildings, structures or works are permanent;\n (b) the construction, alteration, extension, restoration, repair, demolition or dismantling of railways (not including rolling stock) or docks;\n (c) the installation in any building, structure or works of fittings forming, or to form, part of land, including heating, lighting, air‑conditioning, ventilation, power supply, drainage, sanitation, water supply, fire protection, security and communications systems;\n (d) any operation that is part of, or is preparatory to, or is for rendering complete, work covered by paragraph (a), (b) or (c), for example:\n (i) site clearance, earth‑moving, excavation, tunnelling and boring; or\n (ii) the laying of foundations; or\n (iii) the erection, maintenance or dismantling of scaffolding; or\n (iv) the prefabrication of made‑to‑order components to form part of any building, structure or works, whether carried out on‑site or off‑site; or\n (v) site restoration, landscaping and the provision of roadways and other access works;\n (e) transporting or supplying goods, to be used in work covered by paragraph (a), (b), (c) or (d), directly to building sites (including any resources platform) where that work is being or may be performed;\n but does not include any of the following:\n (f) the drilling for, or extraction of, oil or natural gas;\n (g) the extraction (whether by underground or surface working) of minerals, including tunnelling or boring, or constructing underground works, for that purpose;\n (h) any work that is part of a project for:\n (i) the construction, repair or restoration of a single dwelling‑house; or\n (ii) the construction, repair or restoration of any building, structure or work associated with a single dwelling‑house; or\n (iii) the alteration or extension of a single dwelling‑house, if it remains a single dwelling‑house after the alteration or extension.\n (2) To avoid doubt, paragraphs (1)(f) and (g) do not prevent this Act from applying to building work (within the meaning of paragraphs (1)(a) to (e)) that is performed on land in which there is an interest relating to the mining of oil, gas or minerals.\n\n> Note: This Act extends to any resources platform, and to certain ships, in the exclusive economic zone or in the waters above the continental shelf (see section 11).\n\n (3) Paragraph (1)(h) does not apply if the project is part of a multi‑dwelling development that consists of, or includes, the construction of at least 5 single dwelling‑houses.\n (4) Subject to subsection (5), building work includes any activity that is prescribed by the rules for the purposes of this subsection.\n (5) Building work does not include any activity that is prescribed by the rules for the purposes of this subsection.\n (6) In this Act:\n\n> land includes land beneath water.","sortOrder":5},{"sectionNumber":"10","sectionType":"section","heading":"Extension of Act to Christmas Island and Cocos (Keeling) Islands","content":"#### 10 Extension of Act to Christmas Island and Cocos (Keeling) Islands\n\n (1) This Act extends to the Territory of Christmas Island and to the Territory of Cocos (Keeling) Islands.\n (2) This Act applies in relation to the Territory of Christmas Island and to the Territory of Cocos (Keeling) Islands with any modifications that are prescribed by the rules.","sortOrder":6},{"sectionNumber":"11","sectionType":"section","heading":"Extension of Act to EEZ and waters above continental shelf","content":"#### 11 Extension of Act to EEZ and waters above continental shelf\n\n (1) This Act extends to or in relation to:\n (a) any resources platform in the exclusive economic zone or in the waters above the continental shelf; and\n (b) any ship, in the exclusive economic zone or in the waters above the continental shelf, that is travelling to or from (or both to and from) an Australian port.\n Extensions prescribed by rules\n (2) Without limiting subsection (1), if the rules prescribe further extensions of this Act, or specified provisions of this Act, to or in relation to the exclusive economic zone or to the waters above the continental shelf, then this Act extends accordingly.\n Modifications relating to Greater Sunrise special regime area\n (3) Despite subsections (1) and (2), if the rules prescribe modifications of this Act, or specified provisions of this Act, for its operation under subsection (1) or (2) in relation to all or part of the Greater Sunrise special regime area then, so far as this Act would, apart from this subsection, extend to the area or part, it has effect as so modified.\n (4) For the purposes of subsection (3), the rules may prescribe different modifications relating to different parts of the Greater Sunrise special regime area.\n Extension relating to Greater Sunrise special regime area\n (5) Despite subsection 13AB(1) of the Seas and Submerged Lands Act 1973:\n (a) an extension of this Act under subsection (1) of this section has effect; and\n (b) an extension of this Act, or a provision of this Act, because of rules made for the purposes of subsection (2) of this section may (subject to those rules) have effect;\n in relation to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area. This subsection has effect whether or not the extension is affected by subsection (3) of this section.","sortOrder":7},{"sectionNumber":"12","sectionType":"section","heading":"Geographical application of offences","content":"#### 12 Geographical application of offences\n\n Division 14 (standard geographical jurisdiction) of the Criminal Code does not apply in relation to an offence against this Act.\n\n> Note: The extended geographical application that section 11 gives to this Act will apply to the offences in this Act.","sortOrder":8},{"sectionNumber":"13","sectionType":"section","heading":"Act to bind Crown","content":"#### 13 Act to bind Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) Nothing in this Act renders the Commonwealth or a State or Territory liable to be prosecuted for an offence.\n\nChapter 4—The Federal Safety Commissioner","sortOrder":9},{"sectionNumber":"Part 1","sectionType":"part","heading":"Simplified outline of this Chapter","content":"## Part 1—Simplified outline of this Chapter","sortOrder":10},{"sectionNumber":"36","sectionType":"section","heading":"Simplified outline of this Chapter","content":"#### 36 Simplified outline of this Chapter\n\nThe Federal Safety Commissioner is an SES position in the Department. The Commissioner has 2 main functions: in relation to work health and safety in building work and the Work Health and Safety Accreditation Scheme.\n\nThe Work Health and Safety Accreditation Scheme is a scheme prescribed by the rules. Any person who wishes to carry out building work funded by the Commonwealth or a corporate Commonwealth entity must be accredited by the Federal Safety Commissioner in accordance with the scheme.","sortOrder":11},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Federal Safety Commissioner","content":"## Part 2—The Federal Safety Commissioner","sortOrder":12},{"sectionNumber":"37","sectionType":"section","heading":"Federal Safety Commissioner","content":"#### 37 Federal Safety Commissioner\n\n (1) The Secretary must, by writing, designate a position in the Department as the position of Federal Safety Commissioner.\n\n> Note: For creation of positions, see section 77 of the Public Service Act 1999.\n\n (2) That position can only be occupied by an SES employee.\n (3) The Federal Safety Commissioner is the SES employee who occupies, or the acting SES employee who is acting in, that position.\n (4) An instrument under subsection (1) is not a legislative instrument.","sortOrder":13},{"sectionNumber":"38","sectionType":"section","heading":"Functions of Federal Safety Commissioner","content":"#### 38 Functions of Federal Safety Commissioner\n\n The Federal Safety Commissioner has the following functions:\n\n (aa) promoting the object of this Act (see section 3);\n\n (a) promoting work health and safety in relation to building work undertaken by a constitutional corporation, the Commonwealth or a corporate Commonwealth entity;\n (b) performing functions as the accreditation authority for the purposes of the WHS Accreditation Scheme;\n (c) promoting the benefits of the WHS Accreditation Scheme and disseminating information about the WHS Accreditation Scheme;\n (ca) auditing compliance with National Construction Code performance requirements in relation to building materials;\n (d) referring matters to other relevant agencies and bodies;\n (e) any other functions conferred on the Federal Safety Commissioner by this Act or by another Act.","sortOrder":14},{"sectionNumber":"39","sectionType":"section","heading":"Minister’s directions to Federal Safety Commissioner","content":"#### 39 Minister’s directions to Federal Safety Commissioner\n\n (1) The Minister may, by legislative instrument, give written directions to the Federal Safety Commissioner specifying the manner in which the Federal Safety Commissioner must exercise the powers or perform the functions of the Federal Safety Commissioner under this Act.\n (2) The Minister must not give a direction under subsection (1) about a particular case.\n (3) The Federal Safety Commissioner must comply with a direction under subsection (1).\n (4) Despite anything in section 44 of the Legislation Act 2003, section 42 of that Act (disallowance of legislative instruments) applies to a direction under subsection (1) of this section.","sortOrder":15},{"sectionNumber":"40","sectionType":"section","heading":"Delegation by Federal Safety Commissioner","content":"#### 40 Delegation by Federal Safety Commissioner\n\n (1) The Federal Safety Commissioner may, in writing, delegate all or any of his or her powers and functions under this Act to:\n (a) a Federal Safety Officer; or\n (b) an SES employee or acting SES employee; or\n\n (ba) an APS employee whose duties relate to the performance of the Federal Safety Commissioner’s functions or the exercise of the Federal Safety Commissioner’s powers; or\n\n (c) a person (whether or not an SES employee) prescribed by the rules for the purposes of this paragraph.\n (2) In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the Federal Safety Commissioner.\n (3) As soon as practicable after delegating any power or function under this section, the Federal Safety Commissioner must publish details of the delegation.\n (4) The Federal Safety Commissioner may give a direction for the purposes of subsection (2).\n (5) A written direction under subsection (4) that is of general application is a legislative instrument.\n (6) A written direction under subsection (4) that relates to a particular case is not a legislative instrument.","sortOrder":16},{"sectionNumber":"41","sectionType":"section","heading":"Acting Federal Safety Commissioner","content":"#### 41 Acting Federal Safety Commissioner\n\n (1) If an SES employee, or acting SES employee, is acting in the position of Federal Safety Commissioner:\n (a) the employee has and may exercise all the powers, and is to perform all the functions and duties, of the occupier of the position of Federal Safety Commissioner; and\n (b) this Act, and any other law of the Commonwealth, applies in relation to the employee as if the employee were the occupier of the position of Federal Safety Commissioner.\n (2) Anything done by or in relation to a person purporting to act in the position of Federal Safety Commissioner is not invalid merely because the occasion to act had not arisen or had ceased.","sortOrder":17},{"sectionNumber":"42","sectionType":"section","heading":"Consultants","content":"#### 42 Consultants\n\n (1) The Federal Safety Commissioner may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the Federal Safety Commissioner.\n (2) The terms and conditions of the engagement of a person are those determined by the Federal Safety Commissioner in writing.","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"WHS Accreditation Scheme for Commonwealth building work","content":"## Part 3—WHS Accreditation Scheme for Commonwealth building work","sortOrder":19},{"sectionNumber":"43","sectionType":"section","heading":"WHS Accreditation Scheme for Commonwealth building work","content":"#### 43 WHS Accreditation Scheme for Commonwealth building work\n\n Accreditation scheme\n (1) The rules may prescribe an accreditation scheme, to be known as the Work Health and Safety Accreditation Scheme, for persons who wish to carry out building work funded by the Commonwealth or a corporate Commonwealth entity.\n (2) The rules must provide for the Federal Safety Commissioner to be the accrediting authority under the scheme.\n (3) The rules may prescribe fees for applications made under the rules.\n Commonwealth building work to be carried out by accredited persons\n (4) The Commonwealth or a corporate Commonwealth entity must not fund building work unless:\n (a) contracts for the building work will be entered into with builders who are accredited persons; and\n (b) at the time of the funding, the Commonwealth or corporate Commonwealth entity takes appropriate steps to ensure that builders will be accredited persons when they carry out the building work.\n This subsection does not apply to building work prescribed by the rules.\n (5) For the purposes of this section, the Commonwealth or a corporate Commonwealth entity funds building work if it:\n (a) pays for, or otherwise funds or finances, the building work (whether directly or indirectly); or\n (b) facilitates the carrying out of the building work by entering into, or otherwise funding or financing (whether directly or indirectly), a pre‑construction agreement that relates to the building work.\n (6) If another provision of a law of the Commonwealth is inconsistent with subsection (4), subsection (4) prevails to the extent of the inconsistency unless the other provision expressly refers to this section.\n (7) Failure to comply with subsection (4) does not affect the validity of anything done by the Commonwealth or a corporate Commonwealth entity in relation to building work.\n Definitions\n (8) In this Act:\n\n> builder, in relation to building work, means a person who carries out any of the building work.\n\n> pre‑construction agreement means an agreement to lease or transfer land, a building or a part of a building on the condition, or on conditions that include the condition, that building work will be carried out on the land, the building or the part of the building.\n\nChapter 7—Powers to obtain information","sortOrder":20},{"sectionNumber":"60","sectionType":"section","heading":"Simplified outline of this Chapter","content":"#### 60 Simplified outline of this Chapter\n\nFederal Safety Officers are appointed under this Chapter. Federal Safety Officers have powers, including the power to enter premises, the power to ask a person’s name and address and the power to require persons to produce records or documents.\n\nIntentionally hindering or obstructing a Federal Safety Officer who is exercising any of these powers is prohibited.","sortOrder":22},{"sectionNumber":"Division 2","sectionType":"division","heading":"Appointment of Federal Safety Officers","content":"An Act relating to the Federal Safety Commissioner, and for related purposes\n\nChapter 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Federal Safety Commissioner Act 2022.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

1 December 2016

2. Sections 3 to 120

The later of:

(a) 1 January 2014; and

(b) the day after this Act receives the Royal Assent.

2 December 2016

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object\n\n The object of this Act is to promote work health and safety in relation to building work undertaken by a constitutional corporation, the Commonwealth or a corporate Commonwealth entity.\n\n#### 4 Simplified outline of this Act\n\nThe Federal Safety Commissioner, and Federal Safety Officers, are responsible for promoting work health and safety in relation to building work. They also have a role in relation to the Work Health and Safety Accreditation Scheme, which is a scheme prescribed by the rules for accrediting persons who carry out building work funded by the Commonwealth or a corporate Commonwealth entity.\n\nFederal Safety Officers may obtain information. Federal Safety Officers can also enter premises for certain purposes. There are protections for, and limitations on the use of, information that is provided under this Act.\n\n#### 5 Definitions\n\n In this Act:\n\n> accredited person means a person who is accredited under the WHS Accreditation Scheme.\n\n> authorised applicant for an order relating to a contravention of a civil remedy provision means:\n\n (b) a person affected by the contravention; or\n (c) a person prescribed by the rules for the purposes of this paragraph.\n Rules prescribing persons for the purposes of paragraph (c) may provide that a person is prescribed only in relation to circumstances specified in the rules.\n\n> builder has the meaning given by subsection 43(8).\n\n> building contractor means a person who has entered into, or who has offered to enter into, a contract for services under which the person:\n\n (a) carries out building work; or\n (b) arranges for building work to be carried out.\n\n> building employee means:\n\n (a) a person whose employment consists of, or includes, building work; or\n (b) a person who accepts an offer of engagement as an employee for work that consists of, or includes, building work.\n\n> building employer means an employer who employs, or offers to employ, building employees.\n\n> building work has the meaning given by section 6.\n\n> civil penalty order means an order under paragraph 81(1)(a).\n\n> civil remedy provision means:\n\n (a) a Grade A civil remedy provision; or\n (b) a Grade B civil remedy provision.\n\n> Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.\n\n> compliance powers means functions and powers conferred on a Federal Safety Officer.\n\n> compliance purposes means the purposes referred to in subsection 70(2).\n\n> conduct includes an omission.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> copy a document includes take extracts from the document.\n\n> corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> disclose means divulge or communicate.\n\n> employee has its ordinary meaning, and:\n\n (a) includes an individual who is usually an employee within that meaning; but\n (b) does not include an individual on a vocational placement.\n\n> employer has its ordinary meaning, and includes a person that is usually an employer within that meaning.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n> Federal Court means the Federal Court of Australia.\n\n> Federal Safety Commissioner means the Federal Safety Commissioner referred to in section 37.\n\n> Federal Safety Officer means:\n\n (a) the Federal Safety Commissioner; or\n (b) a person appointed as a Federal Safety Officer under subsection 68(1).\n\n> FW Act means the Fair Work Act 2009.\n\n> Grade A civil remedy provision means:\n\n (a) a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating “Grade A civil penalty”; or\n (b) a subsection of this Act that has a note at its foot stating “Grade A civil penalty”.\n\n> Note: The maximum penalty for a Grade A civil remedy provision is 1,000 penalty units for bodies corporate, and otherwise 200 penalty units (see subsection 81(2)).\n\n> Grade B civil remedy provision means:\n\n (a) a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating “Grade B civil penalty”; or\n (b) a subsection of this Act that has a note at its foot stating “Grade B civil penalty”.\n\n> Note: The maximum penalty for a Grade B civil remedy provision is 100 penalty units for bodies corporate, and otherwise 20 penalty units (see subsection 81(2)).\n\n> Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973.\n\n> land has a meaning affected by subsection 6(6).\n\n> occupier has the same meaning as in the FW Act.\n\n> pre‑construction agreement has the meaning given by subsection 43(8).\n\n> premises has the same meaning as in the FW Act.\n\n> relevant court means each of the following courts:\n\n (a) the Federal Court;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a Supreme Court of a State or Territory;\n (d) a District Court, or County Court, of a State.\n\n> relevant State or Territory court means each of the following courts:\n\n (a) a District, County or Local Court of a State;\n (b) a magistrates court;\n (c) the Industrial Relations Court of South Australia;\n (d) the Industrial Court of New South Wales;\n (e) any other State or Territory court that is prescribed by the rules.\n\n> resources platform means an artificial island, installation or structure attached to the seabed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.\n\n> Secretary means the Secretary of the Department.\n\n> this Act includes the rules and the regulations.\n\n> WHS Accreditation Scheme means the Work Health and Safety Accreditation Scheme referred to in section 43.\n\n#### 6 Meaning of building work\n\n (1) Subject to subsections (3), (4) and (5), building work means any of the following activities:\n (a) the construction, alteration, extension, restoration, repair, demolition or dismantling of buildings, structures or works that form, or are to form, part of land, whether or not the buildings, structures or works are permanent;\n (b) the construction, alteration, extension, restoration, repair, demolition or dismantling of railways (not including rolling stock) or docks;\n (c) the installation in any building, structure or works of fittings forming, or to form, part of land, including heating, lighting, air‑conditioning, ventilation, power supply, drainage, sanitation, water supply, fire protection, security and communications systems;\n (d) any operation that is part of, or is preparatory to, or is for rendering complete, work covered by paragraph (a), (b) or (c), for example:\n (i) site clearance, earth‑moving, excavation, tunnelling and boring; or\n (ii) the laying of foundations; or\n (iii) the erection, maintenance or dismantling of scaffolding; or\n (iv) the prefabrication of made‑to‑order components to form part of any building, structure or works, whether carried out on‑site or off‑site; or\n (v) site restoration, landscaping and the provision of roadways and other access works;\n (e) transporting or supplying goods, to be used in work covered by paragraph (a), (b), (c) or (d), directly to building sites (including any resources platform) where that work is being or may be performed;\n but does not include any of the following:\n (f) the drilling for, or extraction of, oil or natural gas;\n (g) the extraction (whether by underground or surface working) of minerals, including tunnelling or boring, or constructing underground works, for that purpose;\n (h) any work that is part of a project for:\n (i) the construction, repair or restoration of a single dwelling‑house; or\n (ii) the construction, repair or restoration of any building, structure or work associated with a single dwelling‑house; or\n (iii) the alteration or extension of a single dwelling‑house, if it remains a single dwelling‑house after the alteration or extension.\n (2) To avoid doubt, paragraphs (1)(f) and (g) do not prevent this Act from applying to building work (within the meaning of paragraphs (1)(a) to (e)) that is performed on land in which there is an interest relating to the mining of oil, gas or minerals.\n\n> Note: This Act extends to any resources platform, and to certain ships, in the exclusive economic zone or in the waters above the continental shelf (see section 11).\n\n (3) Paragraph (1)(h) does not apply if the project is part of a multi‑dwelling development that consists of, or includes, the construction of at least 5 single dwelling‑houses.\n (4) Subject to subsection (5), building work includes any activity that is prescribed by the rules for the purposes of this subsection.\n (5) Building work does not include any activity that is prescribed by the rules for the purposes of this subsection.\n (6) In this Act:\n\n> land includes land beneath water.\n\n#### 10 Extension of Act to Christmas Island and Cocos (Keeling) Islands\n\n (1) This Act extends to the Territory of Christmas Island and to the Territory of Cocos (Keeling) Islands.\n (2) This Act applies in relation to the Territory of Christmas Island and to the Territory of Cocos (Keeling) Islands with any modifications that are prescribed by the rules.\n\n#### 11 Extension of Act to EEZ and waters above continental shelf\n\n (1) This Act extends to or in relation to:\n (a) any resources platform in the exclusive economic zone or in the waters above the continental shelf; and\n (b) any ship, in the exclusive economic zone or in the waters above the continental shelf, that is travelling to or from (or both to and from) an Australian port.\n Extensions prescribed by rules\n (2) Without limiting subsection (1), if the rules prescribe further extensions of this Act, or specified provisions of this Act, to or in relation to the exclusive economic zone or to the waters above the continental shelf, then this Act extends accordingly.\n Modifications relating to Greater Sunrise special regime area\n (3) Despite subsections (1) and (2), if the rules prescribe modifications of this Act, or specified provisions of this Act, for its operation under subsection (1) or (2) in relation to all or part of the Greater Sunrise special regime area then, so far as this Act would, apart from this subsection, extend to the area or part, it has effect as so modified.\n (4) For the purposes of subsection (3), the rules may prescribe different modifications relating to different parts of the Greater Sunrise special regime area.\n Extension relating to Greater Sunrise special regime area\n (5) Despite subsection 13AB(1) of the Seas and Submerged Lands Act 1973:\n (a) an extension of this Act under subsection (1) of this section has effect; and\n (b) an extension of this Act, or a provision of this Act, because of rules made for the purposes of subsection (2) of this section may (subject to those rules) have effect;\n in relation to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area. This subsection has effect whether or not the extension is affected by subsection (3) of this section.\n\n#### 12 Geographical application of offences\n\n Division 14 (standard geographical jurisdiction) of the Criminal Code does not apply in relation to an offence against this Act.\n\n> Note: The extended geographical application that section 11 gives to this Act will apply to the offences in this Act.\n\n#### 13 Act to bind Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) Nothing in this Act renders the Commonwealth or a State or Territory liable to be prosecuted for an offence.\n\nChapter 4—The Federal Safety Commissioner\n\n## Part 1—Simplified outline of this Chapter\n\n#### 36 Simplified outline of this Chapter\n\nThe Federal Safety Commissioner is an SES position in the Department. The Commissioner has 2 main functions: in relation to work health and safety in building work and the Work Health and Safety Accreditation Scheme.\n\nThe Work Health and Safety Accreditation Scheme is a scheme prescribed by the rules. Any person who wishes to carry out building work funded by the Commonwealth or a corporate Commonwealth entity must be accredited by the Federal Safety Commissioner in accordance with the scheme.\n\n## Part 2—The Federal Safety Commissioner\n\n#### 37 Federal Safety Commissioner\n\n (1) The Secretary must, by writing, designate a position in the Department as the position of Federal Safety Commissioner.\n\n> Note: For creation of positions, see section 77 of the Public Service Act 1999.\n\n (2) That position can only be occupied by an SES employee.\n (3) The Federal Safety Commissioner is the SES employee who occupies, or the acting SES employee who is acting in, that position.\n (4) An instrument under subsection (1) is not a legislative instrument.\n\n#### 38 Functions of Federal Safety Commissioner\n\n The Federal Safety Commissioner has the following functions:\n\n (aa) promoting the object of this Act (see section 3);\n\n (a) promoting work health and safety in relation to building work undertaken by a constitutional corporation, the Commonwealth or a corporate Commonwealth entity;\n (b) performing functions as the accreditation authority for the purposes of the WHS Accreditation Scheme;\n (c) promoting the benefits of the WHS Accreditation Scheme and disseminating information about the WHS Accreditation Scheme;\n (ca) auditing compliance with National Construction Code performance requirements in relation to building materials;\n (d) referring matters to other relevant agencies and bodies;\n (e) any other functions conferred on the Federal Safety Commissioner by this Act or by another Act.\n\n#### 39 Minister’s directions to Federal Safety Commissioner\n\n (1) The Minister may, by legislative instrument, give written directions to the Federal Safety Commissioner specifying the manner in which the Federal Safety Commissioner must exercise the powers or perform the functions of the Federal Safety Commissioner under this Act.\n (2) The Minister must not give a direction under subsection (1) about a particular case.\n (3) The Federal Safety Commissioner must comply with a direction under subsection (1).\n (4) Despite anything in section 44 of the Legislation Act 2003, section 42 of that Act (disallowance of legislative instruments) applies to a direction under subsection (1) of this section.\n\n#### 40 Delegation by Federal Safety Commissioner\n\n (1) The Federal Safety Commissioner may, in writing, delegate all or any of his or her powers and functions under this Act to:\n (a) a Federal Safety Officer; or\n (b) an SES employee or acting SES employee; or\n\n (ba) an APS employee whose duties relate to the performance of the Federal Safety Commissioner’s functions or the exercise of the Federal Safety Commissioner’s powers; or\n\n (c) a person (whether or not an SES employee) prescribed by the rules for the purposes of this paragraph.\n (2) In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the Federal Safety Commissioner.\n (3) As soon as practicable after delegating any power or function under this section, the Federal Safety Commissioner must publish details of the delegation.\n (4) The Federal Safety Commissioner may give a direction for the purposes of subsection (2).\n (5) A written direction under subsection (4) that is of general application is a legislative instrument.\n (6) A written direction under subsection (4) that relates to a particular case is not a legislative instrument.\n\n#### 41 Acting Federal Safety Commissioner\n\n (1) If an SES employee, or acting SES employee, is acting in the position of Federal Safety Commissioner:\n (a) the employee has and may exercise all the powers, and is to perform all the functions and duties, of the occupier of the position of Federal Safety Commissioner; and\n (b) this Act, and any other law of the Commonwealth, applies in relation to the employee as if the employee were the occupier of the position of Federal Safety Commissioner.\n (2) Anything done by or in relation to a person purporting to act in the position of Federal Safety Commissioner is not invalid merely because the occasion to act had not arisen or had ceased.\n\n#### 42 Consultants\n\n (1) The Federal Safety Commissioner may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the Federal Safety Commissioner.\n (2) The terms and conditions of the engagement of a person are those determined by the Federal Safety Commissioner in writing.\n\n## Part 3—WHS Accreditation Scheme for Commonwealth building work\n\n#### 43 WHS Accreditation Scheme for Commonwealth building work\n\n Accreditation scheme\n (1) The rules may prescribe an accreditation scheme, to be known as the Work Health and Safety Accreditation Scheme, for persons who wish to carry out building work funded by the Commonwealth or a corporate Commonwealth entity.\n (2) The rules must provide for the Federal Safety Commissioner to be the accrediting authority under the scheme.\n (3) The rules may prescribe fees for applications made under the rules.\n Commonwealth building work to be carried out by accredited persons\n (4) The Commonwealth or a corporate Commonwealth entity must not fund building work unless:\n (a) contracts for the building work will be entered into with builders who are accredited persons; and\n (b) at the time of the funding, the Commonwealth or corporate Commonwealth entity takes appropriate steps to ensure that builders will be accredited persons when they carry out the building work.\n This subsection does not apply to building work prescribed by the rules.\n (5) For the purposes of this section, the Commonwealth or a corporate Commonwealth entity funds building work if it:\n (a) pays for, or otherwise funds or finances, the building work (whether directly or indirectly); or\n (b) facilitates the carrying out of the building work by entering into, or otherwise funding or financing (whether directly or indirectly), a pre‑construction agreement that relates to the building work.\n (6) If another provision of a law of the Commonwealth is inconsistent with subsection (4), subsection (4) prevails to the extent of the inconsistency unless the other provision expressly refers to this section.\n (7) Failure to comply with subsection (4) does not affect the validity of anything done by the Commonwealth or a corporate Commonwealth entity in relation to building work.\n Definitions\n (8) In this Act:\n\n> builder, in relation to building work, means a person who carries out any of the building work.\n\n> pre‑construction agreement means an agreement to lease or transfer land, a building or a part of a building on the condition, or on conditions that include the condition, that building work will be carried out on the land, the building or the part of the building.\n\nChapter 7—Powers to obtain information\n\n## Part 1—Simplified outline of this Chapter\n\n#### 60 Simplified outline of this Chapter\n\nFederal Safety Officers are appointed under this Chapter. Federal Safety Officers have powers, including the power to enter premises, the power to ask a person’s name and address and the power to require persons to produce records or documents.\n\nIntentionally hindering or obstructing a Federal Safety Officer who is exercising any of these powers is prohibited.\n\n## Part 3—Powers of Federal Safety Officers\n\n### Division 2—Appointment of Federal Safety Officers\n\n#### 68 Federal Safety Officers\n\n (1) The Federal Safety Commissioner may, by written instrument, appoint any of the following persons as a Federal Safety Officer:\n (a) a person who is an employee of the Commonwealth or who holds an office or appointment under a law of the Commonwealth;\n (b) a person who is an employee of a State or Territory or who holds an office or appointment under a law of a State or Territory;\n (c) a consultant engaged under section 42.\n (2) The Federal Safety Commissioner must not appoint a person referred to in paragraph (1)(c) as a Federal Safety Officer unless the Federal Safety Commissioner is satisfied that the person is an appropriate person to be appointed as a Federal Safety Officer.\n (3) The Federal Safety Commissioner is a Federal Safety Officer by force of this subsection.\n (4) In exercising powers or performing functions as a Federal Safety Officer, a Federal Safety Officer appointed under subsection (1) must comply with any directions of the Federal Safety Commissioner.\n (5) The Federal Safety Commissioner may give directions for the purposes of subsection (4).\n (6) A written direction under subsection (5) that is of general application is a legislative instrument.\n (7) A written direction under subsection (5) that relates to a particular case is not a legislative instrument.\n\n#### 69 Identity cards for Federal Safety Officers\n\n (1) The Federal Safety Commissioner must issue an identity card to a Federal Safety Officer appointed under subsection 68(1).\n (2) The Minister must issue an identity card to the Federal Safety Commissioner.\n Form of identity card\n (3) The identity card must:\n (a) be in the form approved by the Federal Safety Commissioner; and\n (b) contain a recent photograph of the person to whom it is issued.\n Federal Safety Officer must carry card\n (4) A Federal Safety Officer must carry the identity card at all times when performing functions or exercising powers as a Federal Safety Officer.\n\n> Note: The Federal Safety Commissioner is a Federal Safety Officer (see the definition of Federal Safety Officer in section 5).\n\n Offence\n (5) A person commits an offence of strict liability if:\n (a) the person ceases to be a Federal Safety Officer; and\n (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Federal Safety Commissioner or the Minister (as the case requires).\n\nPenalty: 1 penalty unit.\n\n Exception—card lost or destroyed\n (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).\n\n### Division 3—Powers of Federal Safety Officers\n\n#### 70 Purposes for which powers of Federal Safety Officers may be exercised\n\n Compliance purposes for Federal Safety Officers\n (2) A Federal Safety Officer may exercise compliance powers for one or more of the following purposes:\n (a) ascertaining whether a constitutional corporation, the Commonwealth or a corporate Commonwealth entity that is an applicant for accreditation meets the accreditation requirements;\n (b) ascertaining whether a constitutional corporation, the Commonwealth or a corporate Commonwealth entity that is an accredited person has complied, or is complying, with conditions of the accreditation;\n (c) ascertaining whether an accredited person has complied, or is complying, with conditions of the accreditation in respect of building work in a Territory or Commonwealth place.\n Functions and powers subject to terms and conditions\n (3) The functions and powers of a Federal Safety Officer are subject to any conditions and restrictions specified in his or her instrument of appointment.\n\n#### 71 When powers of Federal Safety Officers may be exercised\n\n A Federal Safety Officer may exercise compliance powers:\n (a) at any time during working hours; or\n (b) at any other time, if the Federal Safety Officer reasonably believes that it is necessary to do so for compliance purposes.\n\n#### 72 Power of Federal Safety Officers to enter premises\n\n Powers of Federal Safety Officers to enter premises\n (2) A Federal Safety Officer may, without force:\n (a) enter premises, if the officer reasonably believes that building work is being carried out, or has been carried out by an applicant or accredited person referred to in subsection 70(2); or\n (b) enter business premises, if the officer reasonably believes that:\n (i) there are records or documents relevant to compliance purposes on the premises, or accessible from a computer on the premises; or\n (ii) a person who ordinarily performs work or conducts business at the premises has information relevant to compliance purposes.\n\n> Note: Intentionally hindering or obstructing a Federal Safety Officer is prohibited (see section 78).\n\n Limitation on Federal Safety Officers entering premises\n (3) Despite paragraph (2)(a), a Federal Safety Officer must not enter a part of premises that is used for residential purposes unless the officer reasonably believes that the work referred to in that paragraph is being performed on that part of the premises.\n (4) Despite subparagraph (2)(b)(ii), a Federal Safety Officer must not enter business premises under that subparagraph if the Federal Safety Officer reasonably believes that the person concerned is not at those premises.\n\n#### 73 Showing identity card before entry\n\n A Federal Safety Officer must, before or as soon as practicable after entering premises, show his or her identity card to the occupier, or another person who apparently represents the occupier, if the occupier or other person is present at the premises.\n\n#### 74 Powers of Federal Safety Officers while on premises\n\n Entry other than under subparagraph 72(2)(b)(ii)\n (1) A Federal Safety Officer who enters premises under paragraph 72(2)(a) or subparagraph 72(2)(b)(i) may exercise one or more of the following powers while on the premises:\n (a) inspect any work, process or object;\n (b) interview any person;\n (c) require a person to tell the Federal Safety Officer who has custody of, or access to, a record or document;\n (d) require a person who has custody of, or access to, a record or document to produce the record or document to the Federal Safety Officer either while the Federal Safety Officer is on the premises, or within a specified period;\n (e) inspect, and make copies of, any record or document that:\n (i) is on the premises; or\n (ii) is accessible from a computer that is on the premises;\n (f) take samples of any goods or substances in accordance with any procedures prescribed by the rules.\n\n> Note: See also sections 79 (power to keep records or documents), 102 (self‑incrimination) and 104 (certain records and documents are inadmissible).\n\n Entry under subparagraph 72(2)(b)(ii)\n (2) A Federal Safety Officer who enters premises under subparagraph 72(2)(b)(ii) may interview the person concerned while on those premises.\n Refusing or failing to participate in an interview\n (3) A refusal or failure by a person to participate in an interview under this section is not to be treated as conduct covered by section 149.1 of the Criminal Code.\n\n#### 75 Persons assisting Federal Safety Officers\n\n (1) A person may accompany a Federal Safety Officer onto premises to assist the Federal Safety Officer if the Federal Safety Commissioner is satisfied that:\n (a) the assistance is necessary and reasonable; and\n (b) the person assisting has suitable qualifications and experience to properly assist the Federal Safety Officer.\n (2) The person assisting:\n (a) may do such things on the premises as the Federal Safety Officer requires to assist the Federal Safety Officer to exercise compliance powers; but\n (b) must not do anything that the Federal Safety Officer does not have power to do.\n (3) Anything done by the person assisting is taken for all purposes to have been done by the Federal Safety Officer.\n\n#### 76 Power to ask for person’s name and address\n\n (1) A Federal Safety Officer may require a person to tell the Federal Safety Officer the person’s name and address if the Federal Safety Officer reasonably believes that the person has contravened a civil remedy provision.\n (2) If the Federal Safety Officer reasonably believes that the name or address is false, the Federal Safety Officer may require the person to give evidence of its correctness.\n (3) The person must comply with a requirement under subsection (1) or (2) if:\n (a) the Federal Safety Officer advises the person that he or she may contravene a civil remedy provision if he or she fails to comply with the requirement; and\n (b) the Federal Safety Officer shows his or her identity card to the person.\n\n> Note: Grade B civil penalty.\n\n (4) Subsection (3) does not apply if the person has a reasonable excuse.\n\n#### 77 Power to require persons to produce records or documents\n\n (1) A Federal Safety Officer may require a person, by notice, to produce a record or document to the Federal Safety Officer.\n\n> Note: See also sections 79 (power to keep records or documents) and 102 (self‑incrimination).\n\n (2) The notice must:\n (a) be in writing; and\n (b) be served on the person; and\n (c) require the person to produce the record or document at a specified place within a specified period of at least 14 days.\n (3) The person must comply with the notice.\n\n> Note: Grade B civil penalty.\n\n (4) Subsection (3) does not apply if the person has a reasonable excuse.\n\n#### 78 Hindering or obstructing Federal Safety Officers\n\n A person must not intentionally hinder or obstruct a Federal Safety Officer in exercising his or her compliance powers, or induce or attempt to induce any other person to do so.\n\n> Note: Grade A civil penalty.\n\n#### 79 Power to keep records or documents\n\n (1) If a record or document is produced to a Federal Safety Officer in accordance with this Division, the Federal Safety Officer may:\n (a) inspect, and make copies of, the record or document; and\n (b) keep the record or document for any period that is necessary.\n (2) While the Federal Safety Officer keeps a record or document, he or she must allow the following persons to inspect, or make copies of, the record or document at all reasonable times:\n (a) the person who produced the record or document;\n (b) any person otherwise entitled to possession of the record or document;\n (c) a person authorised by a person referred to in paragraph (a) or (b).\n Certified copy to be supplied to person entitled to document\n (3) A person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy that is certified, by one of the following persons, to be a true copy:\n (g) the Federal Safety Commissioner;\n (h) a Federal Safety Officer;\n (i) an APS employee assisting the Federal Safety Commissioner;\n (j) a person engaged as a consultant under section 42.\n Treatment of certified copy\n (4) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n\nChapter 8—Enforcement\n\n## Part 1—Simplified outline of this Chapter\n\n#### 80 Simplified outline of this Chapter\n\nAn authorised applicant (who may be a person affected by a contravention of a civil remedy provision) may apply to certain courts for an order relating to the contravention. A court may make any order, such as imposing a pecuniary penalty on a person or granting an injunction. This Chapter also includes general rules relating to contraventions of civil remedy provisions (such as who bears burdens of proof, double jeopardy, and the treatment of persons and bodies that are not individuals).\n\n## Part 2—Orders for contraventions of civil remedy provisions\n\n### Division 1—Obtaining an order for contravention of civil remedy provision\n\n#### 81 Penalty etc. for contravention of civil remedy provision\n\n (1) A relevant court, on application by an authorised applicant, may make one or more of the following orders relating to a person (the defendant) who has contravened a civil remedy provision:\n (a) an order imposing a pecuniary penalty on the defendant;\n (b) an order requiring the defendant to pay a specified amount to another person as compensation for damage suffered by the other person as a result of the contravention;\n (c) any other order that the court considers appropriate.\n Maximum penalty for civil remedy provisions\n (2) The maximum pecuniary penalty is:\n (a) for a Grade A civil remedy provision—1,000 penalty units if the defendant is a body corporate and otherwise 200 penalty units; and\n (b) for a Grade B civil remedy provision—100 penalty units if the defendant is a body corporate and otherwise 20 penalty units.\n Injunctions\n (3) The orders that may be made under paragraph (1)(c) include:\n (a) injunctions (including interim injunctions); and\n (b) any other orders that the court considers necessary to stop the conduct or remedy its effects, including orders for the sequestration of assets.\n Pecuniary penalties\n (5) A pecuniary penalty under paragraph (1)(a) is payable to the Commonwealth, or to some other person if the court so directs. It may be recovered as a debt.\n (6) In determining a pecuniary penalty under paragraph (1)(a), the court must take into account all relevant matters, including:\n (a) the nature and extent of the contravention; and\n (b) the nature and extent of any loss or damage suffered because of the contravention; and\n (c) the circumstances in which the contravention took place; and\n (d) whether the person has previously been found by a court (including a court in a foreign country) to have engaged in any similar conduct.\n (7) The Consolidated Revenue Fund is appropriated for the purposes of a debt due to a person other than the Commonwealth in relation to a penalty under paragraph (1)(a).\n\n#### 82 Interest up to judgement\n\n (1) This section applies to an order (other than a civil penalty order) under this Division in relation to an amount that a person was required to pay to, or on behalf of, another person under this Act.\n (2) In making the order the court must, on application, include an amount of interest in the sum ordered, unless good cause is shown to the contrary.\n (3) Without limiting subsection (2), in determining the amount of interest, the court must take into account the period between the day the relevant cause of action arose and the day the order is made.\n\n#### 83 Conduct contravening more than one civil remedy provision\n\n (1) If conduct constitutes a contravention of 2 or more civil remedy provisions, proceedings may be instituted under this Part against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Part in relation to the same conduct.\n\n#### 84 Multiple contraventions\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil remedy provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n (2) However, any pecuniary penalty imposed must not exceed the sum of the maximum penalties that could be ordered if a separate pecuniary penalty were ordered for each of the contraventions.\n\n#### 85 Proceedings may be heard together\n\n A relevant court may direct that 2 or more proceedings relating to contraventions of civil remedy provisions are to be heard together.\n\n#### 86 Civil evidence and procedure rules for proceedings relating to contraventions of civil remedy provisions\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a contravention of a civil remedy provision.\n\n### Division 2—Civil proceedings and criminal proceedings\n\n#### 87 Civil proceedings after criminal proceedings\n\n A relevant court may not make a civil penalty order against a person for a contravention of a civil remedy provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n#### 88 Criminal proceedings during civil proceedings\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil remedy provision are stayed if:\n (a) criminal proceedings are commenced or have already been commenced against the person for an offence; and\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings are dismissed.\n\n#### 89 Criminal proceedings after civil proceedings\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct that would constitute a contravention of a civil remedy provision regardless of whether an order has been made under this Part against the person in relation to the contravention.\n\n#### 90 Evidence given in civil proceedings not admissible in criminal proceedings\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the information or produced the documents in proceedings for a civil penalty order against the individual for an alleged contravention of a civil remedy provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) However, subsection (1) does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n#### 91 Civil double jeopardy\n\n If a person is ordered to pay a pecuniary penalty under a civil remedy provision in relation to particular conduct, the person is not liable to be ordered to pay a pecuniary penalty under some other provision of a law of the Commonwealth in relation to that conduct.\n\n> Note: A court may make other orders, such as an order for compensation, in relation to particular conduct even if the court has made a civil penalty order in relation to that conduct.\n\n### Division 3—Miscellaneous\n\n#### 92 Ancillary contravention of civil remedy provisions\n\n (1) A person must not:\n (a) attempt to contravene a civil remedy provision; or\n (b) aid, abet, counsel or procure a contravention of a civil remedy provision; or\n (c) induce (by threats, promises or otherwise) a contravention of a civil remedy provision; or\n (d) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of a civil remedy provision; or\n (e) conspire with others to effect a contravention of a civil remedy provision.\n Civil penalty\n (2) A person who contravenes subsection (1) in relation to a civil remedy provision is taken to have contravened the provision.\n\n#### 93 Exceptions etc. to civil remedy provisions—burden of proof\n\n If, in proceedings for a civil penalty order against a person for a contravention of a civil remedy provision, the person wishes to rely on any exception, exemption, excuse, qualification or justification provided by the law creating the civil remedy provision, then the person bears an evidential burden in relation to that matter.\n\n#### 94 Liability of bodies corporate\n\n Conduct of a body corporate\n (1) Any conduct engaged in on behalf of a body corporate:\n (a) by an officer, employee or agent (an official) of the body within the scope of his or her actual or apparent authority; or\n (b) by any other person at the direction or with the consent or agreement (whether express or implied) of an official of the body, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the official;\n is taken, for the purposes of this Act, to have been engaged in also by the body.\n State of mind of a body corporate\n (2) If, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is enough to show:\n (a) that the conduct was engaged in by a person referred to in paragraph (1)(a) or (b); and\n (b) that the person had that state of mind.\n Meaning of state of mind\n (3) The state of mind of a person includes:\n (a) the knowledge, intention, opinion, belief or purpose of the person; and\n (b) the person’s reasons for the intention, opinion, belief or purpose.\n\nChapter 9—Miscellaneous\n\n## Part 1—Simplified outline of this Chapter\n\n#### 101 Simplified outline of this Chapter\n\nFor persons who are required by this Act to provide information, Part 2 contains provisions relating to self‑incrimination, protection from liability for providing the information and the admissibility of the information provided. The Part also contains rules to protect the privacy of that information, while allowing its disclosure in certain circumstances.\n\nProvisions relating to courts, such as the conferral of power on the Federal Court and appeals from certain State or Territory courts, are dealt with by Part 4.\n\nCertain officials under this Act are protected from civil proceedings under Part 5\\. That Part also allows the Minister to delegate certain powers, and contains a rule‑making and regulation‑making power.\n\n## Part 2—Provisions relating to information\n\n### Division 1—Provisions relating to requirements to provide information\n\n#### 102 Self‑incrimination etc.\n\n Excuses that are not available\n (1) A person is not excused from producing a record or document under paragraph 74(1)(d) or subsection 77(1), on the ground that to do so:\n (a) would contravene any other law; or\n (b) might tend to incriminate the person or otherwise expose the person to a penalty or other liability.\n Use/derivative use indemnity in relation to other requirements\n (3) In the case of an individual who produces a record or document under paragraph 74(1)(d) or subsection 77(1), neither:\n (a) the record or document produced; nor\n (b) any information, document or thing obtained as a direct or indirect consequence of producing the record or document;\n is admissible in evidence against the individual in criminal proceedings, other than proceedings to which subsection (4) of this section applies.\n\n (4) This subsection applies to the following proceedings:\n\n (a) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act (false or misleading information or documents);\n\n (b) proceedings for an offence against section 149.1 of the Criminal Code that relates to this Act (obstruction of Commonwealth officials).\n\n#### 104 Certain records and documents are inadmissible\n\n The following:\n (a) any record or document inspected or copied under paragraph 74(1)(e) of which an individual had custody, or to which an individual had access, when it was inspected or copied;\n (b) any information, document or thing obtained as a direct or indirect consequence of inspecting or copying a record or document described in paragraph (a) of this section;\n are not admissible in evidence in criminal proceedings against the individual, other than:\n (c) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act (false or misleading information or documents); or\n (d) proceedings for an offence against section 149.1 of the Criminal Code that relates to this Act (obstruction of Commonwealth officials).\n\n### Division 2—Protecting information acquired for the purposes of this Act\n\n#### 105 Disclosure of information by the Federal Safety Commissioner\n\n Information to which this section applies\n (1) This section applies to information that is acquired by any of the following persons in the course of performing functions, or exercising powers, as such a person:\n (h) the Federal Safety Commissioner;\n (i) a Federal Safety Officer;\n (j) an APS employee assisting the Federal Safety Commissioner;\n (k) a consultant under section 42.\n Disclosure that is necessary or appropriate, or likely to assist administration or enforcement\n (2) The Federal Safety Commissioner may disclose, or authorise the disclosure of, the information if the Commissioner reasonably believes:\n (a) that it is necessary or appropriate to do so for the purposes of the performance of the Commissioner’s functions or the exercise of the Commissioner’s powers; or\n (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n Disclosure to the Minister\n (3) The Federal Safety Commissioner may disclose, or authorise the disclosure of, the information to the Minister if the Commissioner reasonably believes that the disclosure is likely to assist the Minister to consider a complaint or issue in relation to a matter arising under this Act.\n Disclosure to the Department\n (4) The Federal Safety Commissioner may disclose, or authorise the disclosure of, the information to:\n (a) the Secretary; or\n (b) an SES employee, or an APS employee, in the Department;\n for the purpose of briefing, or considering briefing, the Minister if the Commissioner reasonably believes the disclosure is likely to assist the Minister to consider a complaint or issue in relation to a matter arising under this Act.\n\n## Part 4—Provisions relating to courts\n\n#### 113 Jurisdiction of the Federal Court\n\n Jurisdiction is conferred on the Federal Court in relation to any matter arising under this Act.\n\n#### 114 Exercising jurisdiction in the Fair Work Division of the Federal Court\n\n (1) This section applies if:\n (a) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n (b) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n (c) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n (d) a prosecution is instituted in the Federal Court under this Act; or\n (e) an appeal is instituted in the Federal Court from a judgement of the Federal Circuit and Family Court of Australia (Division 2) or a court of a State or Territory in a matter arising under this Act; or\n (f) proceedings in relation to a matter arising under this Act are transferred to the Federal Court from the Federal Circuit and Family Court of Australia (Division 2); or\n (g) the Federal Circuit and Family Court of Australia (Division 2) or a court of a State or Territory states a case or reserves a question for the consideration of the Federal Court in a matter arising under this Act; or\n (h) the High Court remits a matter arising under this Act to the Federal Court.\n (2) The jurisdiction of the Federal Court is to be exercised in the Fair Work Division of the Federal Court.\n\n#### 115 No limitation on Federal Court’s powers\n\n To avoid doubt, nothing in this Act limits the Federal Court’s powers under section 21, 22 or 23 of the Federal Court of Australia Act 1976.\n\n#### 116 Appeals from relevant State or Territory courts\n\n Appeals from original decisions of relevant State or Territory courts\n (1) An appeal lies to the Federal Court from a decision of a relevant State or Territory court exercising jurisdiction under this Act.\n (2) No appeal lies from a decision of a relevant State or Territory court exercising jurisdiction under this Act, except:\n (a) if the court was exercising summary jurisdiction—an appeal, to that court or another relevant State or Territory court of the same State or Territory, as provided for by a law of that State or Territory; or\n (b) in any case—an appeal as provided for by subsection (1).\n Appeals from appellate decisions of relevant State or Territory courts\n (3) An appeal lies to the Federal Court from a decision of a relevant State or Territory court made on appeal from a decision that:\n (a) was a decision of that court or another relevant State or Territory court of the same State or Territory; and\n (b) was made in the exercise of jurisdiction under this Act.\n (4) No appeal lies from a decision to which subsection (3) applies, except an appeal as provided for by that subsection.\n Leave to appeal not required\n (5) It is not necessary to obtain the leave of the Federal Court, or the court appealed from, in relation to an appeal under subsection (1) or (3).\n\n## Part 5—Miscellaneous\n\n#### 118 Federal Safety Commissioner etc. not liable for conduct in good faith\n\n (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) in the exercise, or purported exercise, of functions, powers or duties under, or in relation to, this Act.\n (2) The persons are:\n (b) the Federal Safety Commissioner; and\n (c) a Federal Safety Officer; and\n (d) an APS employee assisting the Federal Safety Commissioner; and\n (e) a person engaged as a consultant under section 42.\n\n#### 120 Rules and regulations\n\n Rules\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Without limiting subsection (1), the rules may make provision for, and in relation to, the following:\n (a) the manner in which, and the time within which, applications under this Act may be made and dealt with;\n (b) the form of notices that are required or permitted to be given under this Act.\n (3) Despite subsection 12(2) of the Legislation 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.\n Regulations\n (4) The Governor‑General may make regulations prescribing:\n (aa) matters required or permitted by this Act to be prescribed by the regulations; or\n (ab) matters necessary or convenient to be prescribed for carrying out or giving effect to this Act; or\n (a) penalties for offences against the rules, not exceeding a fine of 10 penalty units; or\n (b) civil penalties for contraventions of the rules, not exceeding:\n (i) for a body corporate—25 penalty units; or\n (ii) in any other case—5 penalty units.","sortOrder":24},{"sectionNumber":"68","sectionType":"section","heading":"Federal Safety Officers","content":"#### 68 Federal Safety Officers\n\n (1) The Federal Safety Commissioner may, by written instrument, appoint any of the following persons as a Federal Safety Officer:\n (a) a person who is an employee of the Commonwealth or who holds an office or appointment under a law of the Commonwealth;\n (b) a person who is an employee of a State or Territory or who holds an office or appointment under a law of a State or Territory;\n (c) a consultant engaged under section 42.\n (2) The Federal Safety Commissioner must not appoint a person referred to in paragraph (1)(c) as a Federal Safety Officer unless the Federal Safety Commissioner is satisfied that the person is an appropriate person to be appointed as a Federal Safety Officer.\n (3) The Federal Safety Commissioner is a Federal Safety Officer by force of this subsection.\n (4) In exercising powers or performing functions as a Federal Safety Officer, a Federal Safety Officer appointed under subsection (1) must comply with any directions of the Federal Safety Commissioner.\n (5) The Federal Safety Commissioner may give directions for the purposes of subsection (4).\n (6) A written direction under subsection (5) that is of general application is a legislative instrument.\n (7) A written direction under subsection (5) that relates to a particular case is not a legislative instrument.","sortOrder":25},{"sectionNumber":"69","sectionType":"section","heading":"Identity cards for Federal Safety Officers","content":"#### 69 Identity cards for Federal Safety Officers\n\n (1) The Federal Safety Commissioner must issue an identity card to a Federal Safety Officer appointed under subsection 68(1).\n (2) The Minister must issue an identity card to the Federal Safety Commissioner.\n Form of identity card\n (3) The identity card must:\n (a) be in the form approved by the Federal Safety Commissioner; and\n (b) contain a recent photograph of the person to whom it is issued.\n Federal Safety Officer must carry card\n (4) A Federal Safety Officer must carry the identity card at all times when performing functions or exercising powers as a Federal Safety Officer.\n\n> Note: The Federal Safety Commissioner is a Federal Safety Officer (see the definition of Federal Safety Officer in section 5).\n\n Offence\n (5) A person commits an offence of strict liability if:\n (a) the person ceases to be a Federal Safety Officer; and\n (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Federal Safety Commissioner or the Minister (as the case requires).\n\nPenalty: 1 penalty unit.\n\n Exception—card lost or destroyed\n (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).","sortOrder":26},{"sectionNumber":"Division 3","sectionType":"division","heading":"Powers of Federal Safety Officers","content":"An Act relating to the Federal Safety Commissioner, and for related purposes\n\nChapter 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Federal Safety Commissioner Act 2022.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

1 December 2016

2. Sections 3 to 120

The later of:

(a) 1 January 2014; and

(b) the day after this Act receives the Royal Assent.

2 December 2016

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object\n\n The object of this Act is to promote work health and safety in relation to building work undertaken by a constitutional corporation, the Commonwealth or a corporate Commonwealth entity.\n\n#### 4 Simplified outline of this Act\n\nThe Federal Safety Commissioner, and Federal Safety Officers, are responsible for promoting work health and safety in relation to building work. They also have a role in relation to the Work Health and Safety Accreditation Scheme, which is a scheme prescribed by the rules for accrediting persons who carry out building work funded by the Commonwealth or a corporate Commonwealth entity.\n\nFederal Safety Officers may obtain information. Federal Safety Officers can also enter premises for certain purposes. There are protections for, and limitations on the use of, information that is provided under this Act.\n\n#### 5 Definitions\n\n In this Act:\n\n> accredited person means a person who is accredited under the WHS Accreditation Scheme.\n\n> authorised applicant for an order relating to a contravention of a civil remedy provision means:\n\n (b) a person affected by the contravention; or\n (c) a person prescribed by the rules for the purposes of this paragraph.\n Rules prescribing persons for the purposes of paragraph (c) may provide that a person is prescribed only in relation to circumstances specified in the rules.\n\n> builder has the meaning given by subsection 43(8).\n\n> building contractor means a person who has entered into, or who has offered to enter into, a contract for services under which the person:\n\n (a) carries out building work; or\n (b) arranges for building work to be carried out.\n\n> building employee means:\n\n (a) a person whose employment consists of, or includes, building work; or\n (b) a person who accepts an offer of engagement as an employee for work that consists of, or includes, building work.\n\n> building employer means an employer who employs, or offers to employ, building employees.\n\n> building work has the meaning given by section 6.\n\n> civil penalty order means an order under paragraph 81(1)(a).\n\n> civil remedy provision means:\n\n (a) a Grade A civil remedy provision; or\n (b) a Grade B civil remedy provision.\n\n> Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.\n\n> compliance powers means functions and powers conferred on a Federal Safety Officer.\n\n> compliance purposes means the purposes referred to in subsection 70(2).\n\n> conduct includes an omission.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> copy a document includes take extracts from the document.\n\n> corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> disclose means divulge or communicate.\n\n> employee has its ordinary meaning, and:\n\n (a) includes an individual who is usually an employee within that meaning; but\n (b) does not include an individual on a vocational placement.\n\n> employer has its ordinary meaning, and includes a person that is usually an employer within that meaning.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n> Federal Court means the Federal Court of Australia.\n\n> Federal Safety Commissioner means the Federal Safety Commissioner referred to in section 37.\n\n> Federal Safety Officer means:\n\n (a) the Federal Safety Commissioner; or\n (b) a person appointed as a Federal Safety Officer under subsection 68(1).\n\n> FW Act means the Fair Work Act 2009.\n\n> Grade A civil remedy provision means:\n\n (a) a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating “Grade A civil penalty”; or\n (b) a subsection of this Act that has a note at its foot stating “Grade A civil penalty”.\n\n> Note: The maximum penalty for a Grade A civil remedy provision is 1,000 penalty units for bodies corporate, and otherwise 200 penalty units (see subsection 81(2)).\n\n> Grade B civil remedy provision means:\n\n (a) a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating “Grade B civil penalty”; or\n (b) a subsection of this Act that has a note at its foot stating “Grade B civil penalty”.\n\n> Note: The maximum penalty for a Grade B civil remedy provision is 100 penalty units for bodies corporate, and otherwise 20 penalty units (see subsection 81(2)).\n\n> Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973.\n\n> land has a meaning affected by subsection 6(6).\n\n> occupier has the same meaning as in the FW Act.\n\n> pre‑construction agreement has the meaning given by subsection 43(8).\n\n> premises has the same meaning as in the FW Act.\n\n> relevant court means each of the following courts:\n\n (a) the Federal Court;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a Supreme Court of a State or Territory;\n (d) a District Court, or County Court, of a State.\n\n> relevant State or Territory court means each of the following courts:\n\n (a) a District, County or Local Court of a State;\n (b) a magistrates court;\n (c) the Industrial Relations Court of South Australia;\n (d) the Industrial Court of New South Wales;\n (e) any other State or Territory court that is prescribed by the rules.\n\n> resources platform means an artificial island, installation or structure attached to the seabed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.\n\n> Secretary means the Secretary of the Department.\n\n> this Act includes the rules and the regulations.\n\n> WHS Accreditation Scheme means the Work Health and Safety Accreditation Scheme referred to in section 43.\n\n#### 6 Meaning of building work\n\n (1) Subject to subsections (3), (4) and (5), building work means any of the following activities:\n (a) the construction, alteration, extension, restoration, repair, demolition or dismantling of buildings, structures or works that form, or are to form, part of land, whether or not the buildings, structures or works are permanent;\n (b) the construction, alteration, extension, restoration, repair, demolition or dismantling of railways (not including rolling stock) or docks;\n (c) the installation in any building, structure or works of fittings forming, or to form, part of land, including heating, lighting, air‑conditioning, ventilation, power supply, drainage, sanitation, water supply, fire protection, security and communications systems;\n (d) any operation that is part of, or is preparatory to, or is for rendering complete, work covered by paragraph (a), (b) or (c), for example:\n (i) site clearance, earth‑moving, excavation, tunnelling and boring; or\n (ii) the laying of foundations; or\n (iii) the erection, maintenance or dismantling of scaffolding; or\n (iv) the prefabrication of made‑to‑order components to form part of any building, structure or works, whether carried out on‑site or off‑site; or\n (v) site restoration, landscaping and the provision of roadways and other access works;\n (e) transporting or supplying goods, to be used in work covered by paragraph (a), (b), (c) or (d), directly to building sites (including any resources platform) where that work is being or may be performed;\n but does not include any of the following:\n (f) the drilling for, or extraction of, oil or natural gas;\n (g) the extraction (whether by underground or surface working) of minerals, including tunnelling or boring, or constructing underground works, for that purpose;\n (h) any work that is part of a project for:\n (i) the construction, repair or restoration of a single dwelling‑house; or\n (ii) the construction, repair or restoration of any building, structure or work associated with a single dwelling‑house; or\n (iii) the alteration or extension of a single dwelling‑house, if it remains a single dwelling‑house after the alteration or extension.\n (2) To avoid doubt, paragraphs (1)(f) and (g) do not prevent this Act from applying to building work (within the meaning of paragraphs (1)(a) to (e)) that is performed on land in which there is an interest relating to the mining of oil, gas or minerals.\n\n> Note: This Act extends to any resources platform, and to certain ships, in the exclusive economic zone or in the waters above the continental shelf (see section 11).\n\n (3) Paragraph (1)(h) does not apply if the project is part of a multi‑dwelling development that consists of, or includes, the construction of at least 5 single dwelling‑houses.\n (4) Subject to subsection (5), building work includes any activity that is prescribed by the rules for the purposes of this subsection.\n (5) Building work does not include any activity that is prescribed by the rules for the purposes of this subsection.\n (6) In this Act:\n\n> land includes land beneath water.\n\n#### 10 Extension of Act to Christmas Island and Cocos (Keeling) Islands\n\n (1) This Act extends to the Territory of Christmas Island and to the Territory of Cocos (Keeling) Islands.\n (2) This Act applies in relation to the Territory of Christmas Island and to the Territory of Cocos (Keeling) Islands with any modifications that are prescribed by the rules.\n\n#### 11 Extension of Act to EEZ and waters above continental shelf\n\n (1) This Act extends to or in relation to:\n (a) any resources platform in the exclusive economic zone or in the waters above the continental shelf; and\n (b) any ship, in the exclusive economic zone or in the waters above the continental shelf, that is travelling to or from (or both to and from) an Australian port.\n Extensions prescribed by rules\n (2) Without limiting subsection (1), if the rules prescribe further extensions of this Act, or specified provisions of this Act, to or in relation to the exclusive economic zone or to the waters above the continental shelf, then this Act extends accordingly.\n Modifications relating to Greater Sunrise special regime area\n (3) Despite subsections (1) and (2), if the rules prescribe modifications of this Act, or specified provisions of this Act, for its operation under subsection (1) or (2) in relation to all or part of the Greater Sunrise special regime area then, so far as this Act would, apart from this subsection, extend to the area or part, it has effect as so modified.\n (4) For the purposes of subsection (3), the rules may prescribe different modifications relating to different parts of the Greater Sunrise special regime area.\n Extension relating to Greater Sunrise special regime area\n (5) Despite subsection 13AB(1) of the Seas and Submerged Lands Act 1973:\n (a) an extension of this Act under subsection (1) of this section has effect; and\n (b) an extension of this Act, or a provision of this Act, because of rules made for the purposes of subsection (2) of this section may (subject to those rules) have effect;\n in relation to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area. This subsection has effect whether or not the extension is affected by subsection (3) of this section.\n\n#### 12 Geographical application of offences\n\n Division 14 (standard geographical jurisdiction) of the Criminal Code does not apply in relation to an offence against this Act.\n\n> Note: The extended geographical application that section 11 gives to this Act will apply to the offences in this Act.\n\n#### 13 Act to bind Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) Nothing in this Act renders the Commonwealth or a State or Territory liable to be prosecuted for an offence.\n\nChapter 4—The Federal Safety Commissioner\n\n## Part 1—Simplified outline of this Chapter\n\n#### 36 Simplified outline of this Chapter\n\nThe Federal Safety Commissioner is an SES position in the Department. The Commissioner has 2 main functions: in relation to work health and safety in building work and the Work Health and Safety Accreditation Scheme.\n\nThe Work Health and Safety Accreditation Scheme is a scheme prescribed by the rules. Any person who wishes to carry out building work funded by the Commonwealth or a corporate Commonwealth entity must be accredited by the Federal Safety Commissioner in accordance with the scheme.\n\n## Part 2—The Federal Safety Commissioner\n\n#### 37 Federal Safety Commissioner\n\n (1) The Secretary must, by writing, designate a position in the Department as the position of Federal Safety Commissioner.\n\n> Note: For creation of positions, see section 77 of the Public Service Act 1999.\n\n (2) That position can only be occupied by an SES employee.\n (3) The Federal Safety Commissioner is the SES employee who occupies, or the acting SES employee who is acting in, that position.\n (4) An instrument under subsection (1) is not a legislative instrument.\n\n#### 38 Functions of Federal Safety Commissioner\n\n The Federal Safety Commissioner has the following functions:\n\n (aa) promoting the object of this Act (see section 3);\n\n (a) promoting work health and safety in relation to building work undertaken by a constitutional corporation, the Commonwealth or a corporate Commonwealth entity;\n (b) performing functions as the accreditation authority for the purposes of the WHS Accreditation Scheme;\n (c) promoting the benefits of the WHS Accreditation Scheme and disseminating information about the WHS Accreditation Scheme;\n (ca) auditing compliance with National Construction Code performance requirements in relation to building materials;\n (d) referring matters to other relevant agencies and bodies;\n (e) any other functions conferred on the Federal Safety Commissioner by this Act or by another Act.\n\n#### 39 Minister’s directions to Federal Safety Commissioner\n\n (1) The Minister may, by legislative instrument, give written directions to the Federal Safety Commissioner specifying the manner in which the Federal Safety Commissioner must exercise the powers or perform the functions of the Federal Safety Commissioner under this Act.\n (2) The Minister must not give a direction under subsection (1) about a particular case.\n (3) The Federal Safety Commissioner must comply with a direction under subsection (1).\n (4) Despite anything in section 44 of the Legislation Act 2003, section 42 of that Act (disallowance of legislative instruments) applies to a direction under subsection (1) of this section.\n\n#### 40 Delegation by Federal Safety Commissioner\n\n (1) The Federal Safety Commissioner may, in writing, delegate all or any of his or her powers and functions under this Act to:\n (a) a Federal Safety Officer; or\n (b) an SES employee or acting SES employee; or\n\n (ba) an APS employee whose duties relate to the performance of the Federal Safety Commissioner’s functions or the exercise of the Federal Safety Commissioner’s powers; or\n\n (c) a person (whether or not an SES employee) prescribed by the rules for the purposes of this paragraph.\n (2) In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the Federal Safety Commissioner.\n (3) As soon as practicable after delegating any power or function under this section, the Federal Safety Commissioner must publish details of the delegation.\n (4) The Federal Safety Commissioner may give a direction for the purposes of subsection (2).\n (5) A written direction under subsection (4) that is of general application is a legislative instrument.\n (6) A written direction under subsection (4) that relates to a particular case is not a legislative instrument.\n\n#### 41 Acting Federal Safety Commissioner\n\n (1) If an SES employee, or acting SES employee, is acting in the position of Federal Safety Commissioner:\n (a) the employee has and may exercise all the powers, and is to perform all the functions and duties, of the occupier of the position of Federal Safety Commissioner; and\n (b) this Act, and any other law of the Commonwealth, applies in relation to the employee as if the employee were the occupier of the position of Federal Safety Commissioner.\n (2) Anything done by or in relation to a person purporting to act in the position of Federal Safety Commissioner is not invalid merely because the occasion to act had not arisen or had ceased.\n\n#### 42 Consultants\n\n (1) The Federal Safety Commissioner may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the Federal Safety Commissioner.\n (2) The terms and conditions of the engagement of a person are those determined by the Federal Safety Commissioner in writing.\n\n## Part 3—WHS Accreditation Scheme for Commonwealth building work\n\n#### 43 WHS Accreditation Scheme for Commonwealth building work\n\n Accreditation scheme\n (1) The rules may prescribe an accreditation scheme, to be known as the Work Health and Safety Accreditation Scheme, for persons who wish to carry out building work funded by the Commonwealth or a corporate Commonwealth entity.\n (2) The rules must provide for the Federal Safety Commissioner to be the accrediting authority under the scheme.\n (3) The rules may prescribe fees for applications made under the rules.\n Commonwealth building work to be carried out by accredited persons\n (4) The Commonwealth or a corporate Commonwealth entity must not fund building work unless:\n (a) contracts for the building work will be entered into with builders who are accredited persons; and\n (b) at the time of the funding, the Commonwealth or corporate Commonwealth entity takes appropriate steps to ensure that builders will be accredited persons when they carry out the building work.\n This subsection does not apply to building work prescribed by the rules.\n (5) For the purposes of this section, the Commonwealth or a corporate Commonwealth entity funds building work if it:\n (a) pays for, or otherwise funds or finances, the building work (whether directly or indirectly); or\n (b) facilitates the carrying out of the building work by entering into, or otherwise funding or financing (whether directly or indirectly), a pre‑construction agreement that relates to the building work.\n (6) If another provision of a law of the Commonwealth is inconsistent with subsection (4), subsection (4) prevails to the extent of the inconsistency unless the other provision expressly refers to this section.\n (7) Failure to comply with subsection (4) does not affect the validity of anything done by the Commonwealth or a corporate Commonwealth entity in relation to building work.\n Definitions\n (8) In this Act:\n\n> builder, in relation to building work, means a person who carries out any of the building work.\n\n> pre‑construction agreement means an agreement to lease or transfer land, a building or a part of a building on the condition, or on conditions that include the condition, that building work will be carried out on the land, the building or the part of the building.\n\nChapter 7—Powers to obtain information\n\n## Part 1—Simplified outline of this Chapter\n\n#### 60 Simplified outline of this Chapter\n\nFederal Safety Officers are appointed under this Chapter. Federal Safety Officers have powers, including the power to enter premises, the power to ask a person’s name and address and the power to require persons to produce records or documents.\n\nIntentionally hindering or obstructing a Federal Safety Officer who is exercising any of these powers is prohibited.\n\n## Part 3—Powers of Federal Safety Officers\n\n### Division 2—Appointment of Federal Safety Officers\n\n#### 68 Federal Safety Officers\n\n (1) The Federal Safety Commissioner may, by written instrument, appoint any of the following persons as a Federal Safety Officer:\n (a) a person who is an employee of the Commonwealth or who holds an office or appointment under a law of the Commonwealth;\n (b) a person who is an employee of a State or Territory or who holds an office or appointment under a law of a State or Territory;\n (c) a consultant engaged under section 42.\n (2) The Federal Safety Commissioner must not appoint a person referred to in paragraph (1)(c) as a Federal Safety Officer unless the Federal Safety Commissioner is satisfied that the person is an appropriate person to be appointed as a Federal Safety Officer.\n (3) The Federal Safety Commissioner is a Federal Safety Officer by force of this subsection.\n (4) In exercising powers or performing functions as a Federal Safety Officer, a Federal Safety Officer appointed under subsection (1) must comply with any directions of the Federal Safety Commissioner.\n (5) The Federal Safety Commissioner may give directions for the purposes of subsection (4).\n (6) A written direction under subsection (5) that is of general application is a legislative instrument.\n (7) A written direction under subsection (5) that relates to a particular case is not a legislative instrument.\n\n#### 69 Identity cards for Federal Safety Officers\n\n (1) The Federal Safety Commissioner must issue an identity card to a Federal Safety Officer appointed under subsection 68(1).\n (2) The Minister must issue an identity card to the Federal Safety Commissioner.\n Form of identity card\n (3) The identity card must:\n (a) be in the form approved by the Federal Safety Commissioner; and\n (b) contain a recent photograph of the person to whom it is issued.\n Federal Safety Officer must carry card\n (4) A Federal Safety Officer must carry the identity card at all times when performing functions or exercising powers as a Federal Safety Officer.\n\n> Note: The Federal Safety Commissioner is a Federal Safety Officer (see the definition of Federal Safety Officer in section 5).\n\n Offence\n (5) A person commits an offence of strict liability if:\n (a) the person ceases to be a Federal Safety Officer; and\n (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Federal Safety Commissioner or the Minister (as the case requires).\n\nPenalty: 1 penalty unit.\n\n Exception—card lost or destroyed\n (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).\n\n### Division 3—Powers of Federal Safety Officers\n\n#### 70 Purposes for which powers of Federal Safety Officers may be exercised\n\n Compliance purposes for Federal Safety Officers\n (2) A Federal Safety Officer may exercise compliance powers for one or more of the following purposes:\n (a) ascertaining whether a constitutional corporation, the Commonwealth or a corporate Commonwealth entity that is an applicant for accreditation meets the accreditation requirements;\n (b) ascertaining whether a constitutional corporation, the Commonwealth or a corporate Commonwealth entity that is an accredited person has complied, or is complying, with conditions of the accreditation;\n (c) ascertaining whether an accredited person has complied, or is complying, with conditions of the accreditation in respect of building work in a Territory or Commonwealth place.\n Functions and powers subject to terms and conditions\n (3) The functions and powers of a Federal Safety Officer are subject to any conditions and restrictions specified in his or her instrument of appointment.\n\n#### 71 When powers of Federal Safety Officers may be exercised\n\n A Federal Safety Officer may exercise compliance powers:\n (a) at any time during working hours; or\n (b) at any other time, if the Federal Safety Officer reasonably believes that it is necessary to do so for compliance purposes.\n\n#### 72 Power of Federal Safety Officers to enter premises\n\n Powers of Federal Safety Officers to enter premises\n (2) A Federal Safety Officer may, without force:\n (a) enter premises, if the officer reasonably believes that building work is being carried out, or has been carried out by an applicant or accredited person referred to in subsection 70(2); or\n (b) enter business premises, if the officer reasonably believes that:\n (i) there are records or documents relevant to compliance purposes on the premises, or accessible from a computer on the premises; or\n (ii) a person who ordinarily performs work or conducts business at the premises has information relevant to compliance purposes.\n\n> Note: Intentionally hindering or obstructing a Federal Safety Officer is prohibited (see section 78).\n\n Limitation on Federal Safety Officers entering premises\n (3) Despite paragraph (2)(a), a Federal Safety Officer must not enter a part of premises that is used for residential purposes unless the officer reasonably believes that the work referred to in that paragraph is being performed on that part of the premises.\n (4) Despite subparagraph (2)(b)(ii), a Federal Safety Officer must not enter business premises under that subparagraph if the Federal Safety Officer reasonably believes that the person concerned is not at those premises.\n\n#### 73 Showing identity card before entry\n\n A Federal Safety Officer must, before or as soon as practicable after entering premises, show his or her identity card to the occupier, or another person who apparently represents the occupier, if the occupier or other person is present at the premises.\n\n#### 74 Powers of Federal Safety Officers while on premises\n\n Entry other than under subparagraph 72(2)(b)(ii)\n (1) A Federal Safety Officer who enters premises under paragraph 72(2)(a) or subparagraph 72(2)(b)(i) may exercise one or more of the following powers while on the premises:\n (a) inspect any work, process or object;\n (b) interview any person;\n (c) require a person to tell the Federal Safety Officer who has custody of, or access to, a record or document;\n (d) require a person who has custody of, or access to, a record or document to produce the record or document to the Federal Safety Officer either while the Federal Safety Officer is on the premises, or within a specified period;\n (e) inspect, and make copies of, any record or document that:\n (i) is on the premises; or\n (ii) is accessible from a computer that is on the premises;\n (f) take samples of any goods or substances in accordance with any procedures prescribed by the rules.\n\n> Note: See also sections 79 (power to keep records or documents), 102 (self‑incrimination) and 104 (certain records and documents are inadmissible).\n\n Entry under subparagraph 72(2)(b)(ii)\n (2) A Federal Safety Officer who enters premises under subparagraph 72(2)(b)(ii) may interview the person concerned while on those premises.\n Refusing or failing to participate in an interview\n (3) A refusal or failure by a person to participate in an interview under this section is not to be treated as conduct covered by section 149.1 of the Criminal Code.\n\n#### 75 Persons assisting Federal Safety Officers\n\n (1) A person may accompany a Federal Safety Officer onto premises to assist the Federal Safety Officer if the Federal Safety Commissioner is satisfied that:\n (a) the assistance is necessary and reasonable; and\n (b) the person assisting has suitable qualifications and experience to properly assist the Federal Safety Officer.\n (2) The person assisting:\n (a) may do such things on the premises as the Federal Safety Officer requires to assist the Federal Safety Officer to exercise compliance powers; but\n (b) must not do anything that the Federal Safety Officer does not have power to do.\n (3) Anything done by the person assisting is taken for all purposes to have been done by the Federal Safety Officer.\n\n#### 76 Power to ask for person’s name and address\n\n (1) A Federal Safety Officer may require a person to tell the Federal Safety Officer the person’s name and address if the Federal Safety Officer reasonably believes that the person has contravened a civil remedy provision.\n (2) If the Federal Safety Officer reasonably believes that the name or address is false, the Federal Safety Officer may require the person to give evidence of its correctness.\n (3) The person must comply with a requirement under subsection (1) or (2) if:\n (a) the Federal Safety Officer advises the person that he or she may contravene a civil remedy provision if he or she fails to comply with the requirement; and\n (b) the Federal Safety Officer shows his or her identity card to the person.\n\n> Note: Grade B civil penalty.\n\n (4) Subsection (3) does not apply if the person has a reasonable excuse.\n\n#### 77 Power to require persons to produce records or documents\n\n (1) A Federal Safety Officer may require a person, by notice, to produce a record or document to the Federal Safety Officer.\n\n> Note: See also sections 79 (power to keep records or documents) and 102 (self‑incrimination).\n\n (2) The notice must:\n (a) be in writing; and\n (b) be served on the person; and\n (c) require the person to produce the record or document at a specified place within a specified period of at least 14 days.\n (3) The person must comply with the notice.\n\n> Note: Grade B civil penalty.\n\n (4) Subsection (3) does not apply if the person has a reasonable excuse.\n\n#### 78 Hindering or obstructing Federal Safety Officers\n\n A person must not intentionally hinder or obstruct a Federal Safety Officer in exercising his or her compliance powers, or induce or attempt to induce any other person to do so.\n\n> Note: Grade A civil penalty.\n\n#### 79 Power to keep records or documents\n\n (1) If a record or document is produced to a Federal Safety Officer in accordance with this Division, the Federal Safety Officer may:\n (a) inspect, and make copies of, the record or document; and\n (b) keep the record or document for any period that is necessary.\n (2) While the Federal Safety Officer keeps a record or document, he or she must allow the following persons to inspect, or make copies of, the record or document at all reasonable times:\n (a) the person who produced the record or document;\n (b) any person otherwise entitled to possession of the record or document;\n (c) a person authorised by a person referred to in paragraph (a) or (b).\n Certified copy to be supplied to person entitled to document\n (3) A person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy that is certified, by one of the following persons, to be a true copy:\n (g) the Federal Safety Commissioner;\n (h) a Federal Safety Officer;\n (i) an APS employee assisting the Federal Safety Commissioner;\n (j) a person engaged as a consultant under section 42.\n Treatment of certified copy\n (4) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n\nChapter 8—Enforcement\n\n## Part 1—Simplified outline of this Chapter\n\n#### 80 Simplified outline of this Chapter\n\nAn authorised applicant (who may be a person affected by a contravention of a civil remedy provision) may apply to certain courts for an order relating to the contravention. A court may make any order, such as imposing a pecuniary penalty on a person or granting an injunction. This Chapter also includes general rules relating to contraventions of civil remedy provisions (such as who bears burdens of proof, double jeopardy, and the treatment of persons and bodies that are not individuals).\n\n## Part 2—Orders for contraventions of civil remedy provisions\n\n### Division 1—Obtaining an order for contravention of civil remedy provision\n\n#### 81 Penalty etc. for contravention of civil remedy provision\n\n (1) A relevant court, on application by an authorised applicant, may make one or more of the following orders relating to a person (the defendant) who has contravened a civil remedy provision:\n (a) an order imposing a pecuniary penalty on the defendant;\n (b) an order requiring the defendant to pay a specified amount to another person as compensation for damage suffered by the other person as a result of the contravention;\n (c) any other order that the court considers appropriate.\n Maximum penalty for civil remedy provisions\n (2) The maximum pecuniary penalty is:\n (a) for a Grade A civil remedy provision—1,000 penalty units if the defendant is a body corporate and otherwise 200 penalty units; and\n (b) for a Grade B civil remedy provision—100 penalty units if the defendant is a body corporate and otherwise 20 penalty units.\n Injunctions\n (3) The orders that may be made under paragraph (1)(c) include:\n (a) injunctions (including interim injunctions); and\n (b) any other orders that the court considers necessary to stop the conduct or remedy its effects, including orders for the sequestration of assets.\n Pecuniary penalties\n (5) A pecuniary penalty under paragraph (1)(a) is payable to the Commonwealth, or to some other person if the court so directs. It may be recovered as a debt.\n (6) In determining a pecuniary penalty under paragraph (1)(a), the court must take into account all relevant matters, including:\n (a) the nature and extent of the contravention; and\n (b) the nature and extent of any loss or damage suffered because of the contravention; and\n (c) the circumstances in which the contravention took place; and\n (d) whether the person has previously been found by a court (including a court in a foreign country) to have engaged in any similar conduct.\n (7) The Consolidated Revenue Fund is appropriated for the purposes of a debt due to a person other than the Commonwealth in relation to a penalty under paragraph (1)(a).\n\n#### 82 Interest up to judgement\n\n (1) This section applies to an order (other than a civil penalty order) under this Division in relation to an amount that a person was required to pay to, or on behalf of, another person under this Act.\n (2) In making the order the court must, on application, include an amount of interest in the sum ordered, unless good cause is shown to the contrary.\n (3) Without limiting subsection (2), in determining the amount of interest, the court must take into account the period between the day the relevant cause of action arose and the day the order is made.\n\n#### 83 Conduct contravening more than one civil remedy provision\n\n (1) If conduct constitutes a contravention of 2 or more civil remedy provisions, proceedings may be instituted under this Part against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Part in relation to the same conduct.\n\n#### 84 Multiple contraventions\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil remedy provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n (2) However, any pecuniary penalty imposed must not exceed the sum of the maximum penalties that could be ordered if a separate pecuniary penalty were ordered for each of the contraventions.\n\n#### 85 Proceedings may be heard together\n\n A relevant court may direct that 2 or more proceedings relating to contraventions of civil remedy provisions are to be heard together.\n\n#### 86 Civil evidence and procedure rules for proceedings relating to contraventions of civil remedy provisions\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a contravention of a civil remedy provision.\n\n### Division 2—Civil proceedings and criminal proceedings\n\n#### 87 Civil proceedings after criminal proceedings\n\n A relevant court may not make a civil penalty order against a person for a contravention of a civil remedy provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n#### 88 Criminal proceedings during civil proceedings\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil remedy provision are stayed if:\n (a) criminal proceedings are commenced or have already been commenced against the person for an offence; and\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings are dismissed.\n\n#### 89 Criminal proceedings after civil proceedings\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct that would constitute a contravention of a civil remedy provision regardless of whether an order has been made under this Part against the person in relation to the contravention.\n\n#### 90 Evidence given in civil proceedings not admissible in criminal proceedings\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the information or produced the documents in proceedings for a civil penalty order against the individual for an alleged contravention of a civil remedy provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) However, subsection (1) does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n#### 91 Civil double jeopardy\n\n If a person is ordered to pay a pecuniary penalty under a civil remedy provision in relation to particular conduct, the person is not liable to be ordered to pay a pecuniary penalty under some other provision of a law of the Commonwealth in relation to that conduct.\n\n> Note: A court may make other orders, such as an order for compensation, in relation to particular conduct even if the court has made a civil penalty order in relation to that conduct.\n\n### Division 3—Miscellaneous\n\n#### 92 Ancillary contravention of civil remedy provisions\n\n (1) A person must not:\n (a) attempt to contravene a civil remedy provision; or\n (b) aid, abet, counsel or procure a contravention of a civil remedy provision; or\n (c) induce (by threats, promises or otherwise) a contravention of a civil remedy provision; or\n (d) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of a civil remedy provision; or\n (e) conspire with others to effect a contravention of a civil remedy provision.\n Civil penalty\n (2) A person who contravenes subsection (1) in relation to a civil remedy provision is taken to have contravened the provision.\n\n#### 93 Exceptions etc. to civil remedy provisions—burden of proof\n\n If, in proceedings for a civil penalty order against a person for a contravention of a civil remedy provision, the person wishes to rely on any exception, exemption, excuse, qualification or justification provided by the law creating the civil remedy provision, then the person bears an evidential burden in relation to that matter.\n\n#### 94 Liability of bodies corporate\n\n Conduct of a body corporate\n (1) Any conduct engaged in on behalf of a body corporate:\n (a) by an officer, employee or agent (an official) of the body within the scope of his or her actual or apparent authority; or\n (b) by any other person at the direction or with the consent or agreement (whether express or implied) of an official of the body, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the official;\n is taken, for the purposes of this Act, to have been engaged in also by the body.\n State of mind of a body corporate\n (2) If, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is enough to show:\n (a) that the conduct was engaged in by a person referred to in paragraph (1)(a) or (b); and\n (b) that the person had that state of mind.\n Meaning of state of mind\n (3) The state of mind of a person includes:\n (a) the knowledge, intention, opinion, belief or purpose of the person; and\n (b) the person’s reasons for the intention, opinion, belief or purpose.\n\nChapter 9—Miscellaneous\n\n## Part 1—Simplified outline of this Chapter\n\n#### 101 Simplified outline of this Chapter\n\nFor persons who are required by this Act to provide information, Part 2 contains provisions relating to self‑incrimination, protection from liability for providing the information and the admissibility of the information provided. The Part also contains rules to protect the privacy of that information, while allowing its disclosure in certain circumstances.\n\nProvisions relating to courts, such as the conferral of power on the Federal Court and appeals from certain State or Territory courts, are dealt with by Part 4.\n\nCertain officials under this Act are protected from civil proceedings under Part 5\\. That Part also allows the Minister to delegate certain powers, and contains a rule‑making and regulation‑making power.\n\n## Part 2—Provisions relating to information\n\n### Division 1—Provisions relating to requirements to provide information\n\n#### 102 Self‑incrimination etc.\n\n Excuses that are not available\n (1) A person is not excused from producing a record or document under paragraph 74(1)(d) or subsection 77(1), on the ground that to do so:\n (a) would contravene any other law; or\n (b) might tend to incriminate the person or otherwise expose the person to a penalty or other liability.\n Use/derivative use indemnity in relation to other requirements\n (3) In the case of an individual who produces a record or document under paragraph 74(1)(d) or subsection 77(1), neither:\n (a) the record or document produced; nor\n (b) any information, document or thing obtained as a direct or indirect consequence of producing the record or document;\n is admissible in evidence against the individual in criminal proceedings, other than proceedings to which subsection (4) of this section applies.\n\n (4) This subsection applies to the following proceedings:\n\n (a) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act (false or misleading information or documents);\n\n (b) proceedings for an offence against section 149.1 of the Criminal Code that relates to this Act (obstruction of Commonwealth officials).\n\n#### 104 Certain records and documents are inadmissible\n\n The following:\n (a) any record or document inspected or copied under paragraph 74(1)(e) of which an individual had custody, or to which an individual had access, when it was inspected or copied;\n (b) any information, document or thing obtained as a direct or indirect consequence of inspecting or copying a record or document described in paragraph (a) of this section;\n are not admissible in evidence in criminal proceedings against the individual, other than:\n (c) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act (false or misleading information or documents); or\n (d) proceedings for an offence against section 149.1 of the Criminal Code that relates to this Act (obstruction of Commonwealth officials).\n\n### Division 2—Protecting information acquired for the purposes of this Act\n\n#### 105 Disclosure of information by the Federal Safety Commissioner\n\n Information to which this section applies\n (1) This section applies to information that is acquired by any of the following persons in the course of performing functions, or exercising powers, as such a person:\n (h) the Federal Safety Commissioner;\n (i) a Federal Safety Officer;\n (j) an APS employee assisting the Federal Safety Commissioner;\n (k) a consultant under section 42.\n Disclosure that is necessary or appropriate, or likely to assist administration or enforcement\n (2) The Federal Safety Commissioner may disclose, or authorise the disclosure of, the information if the Commissioner reasonably believes:\n (a) that it is necessary or appropriate to do so for the purposes of the performance of the Commissioner’s functions or the exercise of the Commissioner’s powers; or\n (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n Disclosure to the Minister\n (3) The Federal Safety Commissioner may disclose, or authorise the disclosure of, the information to the Minister if the Commissioner reasonably believes that the disclosure is likely to assist the Minister to consider a complaint or issue in relation to a matter arising under this Act.\n Disclosure to the Department\n (4) The Federal Safety Commissioner may disclose, or authorise the disclosure of, the information to:\n (a) the Secretary; or\n (b) an SES employee, or an APS employee, in the Department;\n for the purpose of briefing, or considering briefing, the Minister if the Commissioner reasonably believes the disclosure is likely to assist the Minister to consider a complaint or issue in relation to a matter arising under this Act.\n\n## Part 4—Provisions relating to courts\n\n#### 113 Jurisdiction of the Federal Court\n\n Jurisdiction is conferred on the Federal Court in relation to any matter arising under this Act.\n\n#### 114 Exercising jurisdiction in the Fair Work Division of the Federal Court\n\n (1) This section applies if:\n (a) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n (b) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n (c) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n (d) a prosecution is instituted in the Federal Court under this Act; or\n (e) an appeal is instituted in the Federal Court from a judgement of the Federal Circuit and Family Court of Australia (Division 2) or a court of a State or Territory in a matter arising under this Act; or\n (f) proceedings in relation to a matter arising under this Act are transferred to the Federal Court from the Federal Circuit and Family Court of Australia (Division 2); or\n (g) the Federal Circuit and Family Court of Australia (Division 2) or a court of a State or Territory states a case or reserves a question for the consideration of the Federal Court in a matter arising under this Act; or\n (h) the High Court remits a matter arising under this Act to the Federal Court.\n (2) The jurisdiction of the Federal Court is to be exercised in the Fair Work Division of the Federal Court.\n\n#### 115 No limitation on Federal Court’s powers\n\n To avoid doubt, nothing in this Act limits the Federal Court’s powers under section 21, 22 or 23 of the Federal Court of Australia Act 1976.\n\n#### 116 Appeals from relevant State or Territory courts\n\n Appeals from original decisions of relevant State or Territory courts\n (1) An appeal lies to the Federal Court from a decision of a relevant State or Territory court exercising jurisdiction under this Act.\n (2) No appeal lies from a decision of a relevant State or Territory court exercising jurisdiction under this Act, except:\n (a) if the court was exercising summary jurisdiction—an appeal, to that court or another relevant State or Territory court of the same State or Territory, as provided for by a law of that State or Territory; or\n (b) in any case—an appeal as provided for by subsection (1).\n Appeals from appellate decisions of relevant State or Territory courts\n (3) An appeal lies to the Federal Court from a decision of a relevant State or Territory court made on appeal from a decision that:\n (a) was a decision of that court or another relevant State or Territory court of the same State or Territory; and\n (b) was made in the exercise of jurisdiction under this Act.\n (4) No appeal lies from a decision to which subsection (3) applies, except an appeal as provided for by that subsection.\n Leave to appeal not required\n (5) It is not necessary to obtain the leave of the Federal Court, or the court appealed from, in relation to an appeal under subsection (1) or (3).\n\n## Part 5—Miscellaneous\n\n#### 118 Federal Safety Commissioner etc. not liable for conduct in good faith\n\n (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) in the exercise, or purported exercise, of functions, powers or duties under, or in relation to, this Act.\n (2) The persons are:\n (b) the Federal Safety Commissioner; and\n (c) a Federal Safety Officer; and\n (d) an APS employee assisting the Federal Safety Commissioner; and\n (e) a person engaged as a consultant under section 42.\n\n#### 120 Rules and regulations\n\n Rules\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Without limiting subsection (1), the rules may make provision for, and in relation to, the following:\n (a) the manner in which, and the time within which, applications under this Act may be made and dealt with;\n (b) the form of notices that are required or permitted to be given under this Act.\n (3) Despite subsection 12(2) of the Legislation 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.\n Regulations\n (4) The Governor‑General may make regulations prescribing:\n (aa) matters required or permitted by this Act to be prescribed by the regulations; or\n (ab) matters necessary or convenient to be prescribed for carrying out or giving effect to this Act; or\n (a) penalties for offences against the rules, not exceeding a fine of 10 penalty units; or\n (b) civil penalties for contraventions of the rules, not exceeding:\n (i) for a body corporate—25 penalty units; or\n (ii) in any other case—5 penalty units.","sortOrder":27},{"sectionNumber":"70","sectionType":"section","heading":"Purposes for which powers of Federal Safety Officers may be exercised","content":"#### 70 Purposes for which powers of Federal Safety Officers may be exercised\n\n Compliance purposes for Federal Safety Officers\n (2) A Federal Safety Officer may exercise compliance powers for one or more of the following purposes:\n (a) ascertaining whether a constitutional corporation, the Commonwealth or a corporate Commonwealth entity that is an applicant for accreditation meets the accreditation requirements;\n (b) ascertaining whether a constitutional corporation, the Commonwealth or a corporate Commonwealth entity that is an accredited person has complied, or is complying, with conditions of the accreditation;\n (c) ascertaining whether an accredited person has complied, or is complying, with conditions of the accreditation in respect of building work in a Territory or Commonwealth place.\n Functions and powers subject to terms and conditions\n (3) The functions and powers of a Federal Safety Officer are subject to any conditions and restrictions specified in his or her instrument of appointment.","sortOrder":28},{"sectionNumber":"71","sectionType":"section","heading":"When powers of Federal Safety Officers may be exercised","content":"#### 71 When powers of Federal Safety Officers may be exercised\n\n A Federal Safety Officer may exercise compliance powers:\n (a) at any time during working hours; or\n (b) at any other time, if the Federal Safety Officer reasonably believes that it is necessary to do so for compliance purposes.","sortOrder":29},{"sectionNumber":"72","sectionType":"section","heading":"Power of Federal Safety Officers to enter premises","content":"#### 72 Power of Federal Safety Officers to enter premises\n\n Powers of Federal Safety Officers to enter premises\n (2) A Federal Safety Officer may, without force:\n (a) enter premises, if the officer reasonably believes that building work is being carried out, or has been carried out by an applicant or accredited person referred to in subsection 70(2); or\n (b) enter business premises, if the officer reasonably believes that:\n (i) there are records or documents relevant to compliance purposes on the premises, or accessible from a computer on the premises; or\n (ii) a person who ordinarily performs work or conducts business at the premises has information relevant to compliance purposes.\n\n> Note: Intentionally hindering or obstructing a Federal Safety Officer is prohibited (see section 78).\n\n Limitation on Federal Safety Officers entering premises\n (3) Despite paragraph (2)(a), a Federal Safety Officer must not enter a part of premises that is used for residential purposes unless the officer reasonably believes that the work referred to in that paragraph is being performed on that part of the premises.\n (4) Despite subparagraph (2)(b)(ii), a Federal Safety Officer must not enter business premises under that subparagraph if the Federal Safety Officer reasonably believes that the person concerned is not at those premises.","sortOrder":30},{"sectionNumber":"73","sectionType":"section","heading":"Showing identity card before entry","content":"#### 73 Showing identity card before entry\n\n A Federal Safety Officer must, before or as soon as practicable after entering premises, show his or her identity card to the occupier, or another person who apparently represents the occupier, if the occupier or other person is present at the premises.","sortOrder":31},{"sectionNumber":"74","sectionType":"section","heading":"Powers of Federal Safety Officers while on premises","content":"#### 74 Powers of Federal Safety Officers while on premises\n\n Entry other than under subparagraph 72(2)(b)(ii)\n (1) A Federal Safety Officer who enters premises under paragraph 72(2)(a) or subparagraph 72(2)(b)(i) may exercise one or more of the following powers while on the premises:\n (a) inspect any work, process or object;\n (b) interview any person;\n (c) require a person to tell the Federal Safety Officer who has custody of, or access to, a record or document;\n (d) require a person who has custody of, or access to, a record or document to produce the record or document to the Federal Safety Officer either while the Federal Safety Officer is on the premises, or within a specified period;\n (e) inspect, and make copies of, any record or document that:\n (i) is on the premises; or\n (ii) is accessible from a computer that is on the premises;\n (f) take samples of any goods or substances in accordance with any procedures prescribed by the rules.\n\n> Note: See also sections 79 (power to keep records or documents), 102 (self‑incrimination) and 104 (certain records and documents are inadmissible).\n\n Entry under subparagraph 72(2)(b)(ii)\n (2) A Federal Safety Officer who enters premises under subparagraph 72(2)(b)(ii) may interview the person concerned while on those premises.\n Refusing or failing to participate in an interview\n (3) A refusal or failure by a person to participate in an interview under this section is not to be treated as conduct covered by section 149.1 of the Criminal Code.","sortOrder":32},{"sectionNumber":"75","sectionType":"section","heading":"Persons assisting Federal Safety Officers","content":"#### 75 Persons assisting Federal Safety Officers\n\n (1) A person may accompany a Federal Safety Officer onto premises to assist the Federal Safety Officer if the Federal Safety Commissioner is satisfied that:\n (a) the assistance is necessary and reasonable; and\n (b) the person assisting has suitable qualifications and experience to properly assist the Federal Safety Officer.\n (2) The person assisting:\n (a) may do such things on the premises as the Federal Safety Officer requires to assist the Federal Safety Officer to exercise compliance powers; but\n (b) must not do anything that the Federal Safety Officer does not have power to do.\n (3) Anything done by the person assisting is taken for all purposes to have been done by the Federal Safety Officer.","sortOrder":33},{"sectionNumber":"76","sectionType":"section","heading":"Power to ask for person’s name and address","content":"#### 76 Power to ask for person’s name and address\n\n (1) A Federal Safety Officer may require a person to tell the Federal Safety Officer the person’s name and address if the Federal Safety Officer reasonably believes that the person has contravened a civil remedy provision.\n (2) If the Federal Safety Officer reasonably believes that the name or address is false, the Federal Safety Officer may require the person to give evidence of its correctness.\n (3) The person must comply with a requirement under subsection (1) or (2) if:\n (a) the Federal Safety Officer advises the person that he or she may contravene a civil remedy provision if he or she fails to comply with the requirement; and\n (b) the Federal Safety Officer shows his or her identity card to the person.\n\n> Note: Grade B civil penalty.\n\n (4) Subsection (3) does not apply if the person has a reasonable excuse.","sortOrder":34},{"sectionNumber":"77","sectionType":"section","heading":"Power to require persons to produce records or documents","content":"#### 77 Power to require persons to produce records or documents\n\n (1) A Federal Safety Officer may require a person, by notice, to produce a record or document to the Federal Safety Officer.\n\n> Note: See also sections 79 (power to keep records or documents) and 102 (self‑incrimination).\n\n (2) The notice must:\n (a) be in writing; and\n (b) be served on the person; and\n (c) require the person to produce the record or document at a specified place within a specified period of at least 14 days.\n (3) The person must comply with the notice.\n\n> Note: Grade B civil penalty.\n\n (4) Subsection (3) does not apply if the person has a reasonable excuse.","sortOrder":35},{"sectionNumber":"78","sectionType":"section","heading":"Hindering or obstructing Federal Safety Officers","content":"#### 78 Hindering or obstructing Federal Safety Officers\n\n A person must not intentionally hinder or obstruct a Federal Safety Officer in exercising his or her compliance powers, or induce or attempt to induce any other person to do so.\n\n> Note: Grade A civil penalty.","sortOrder":36},{"sectionNumber":"79","sectionType":"section","heading":"Power to keep records or documents","content":"#### 79 Power to keep records or documents\n\n (1) If a record or document is produced to a Federal Safety Officer in accordance with this Division, the Federal Safety Officer may:\n (a) inspect, and make copies of, the record or document; and\n (b) keep the record or document for any period that is necessary.\n (2) While the Federal Safety Officer keeps a record or document, he or she must allow the following persons to inspect, or make copies of, the record or document at all reasonable times:\n (a) the person who produced the record or document;\n (b) any person otherwise entitled to possession of the record or document;\n (c) a person authorised by a person referred to in paragraph (a) or (b).\n Certified copy to be supplied to person entitled to document\n (3) A person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy that is certified, by one of the following persons, to be a true copy:\n (g) the Federal Safety Commissioner;\n (h) a Federal Safety Officer;\n (i) an APS employee assisting the Federal Safety Commissioner;\n (j) a person engaged as a consultant under section 42.\n Treatment of certified copy\n (4) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n\nChapter 8—Enforcement","sortOrder":37},{"sectionNumber":"80","sectionType":"section","heading":"Simplified outline of this Chapter","content":"#### 80 Simplified outline of this Chapter\n\nAn authorised applicant (who may be a person affected by a contravention of a civil remedy provision) may apply to certain courts for an order relating to the contravention. A court may make any order, such as imposing a pecuniary penalty on a person or granting an injunction. This Chapter also includes general rules relating to contraventions of civil remedy provisions (such as who bears burdens of proof, double jeopardy, and the treatment of persons and bodies that are not individuals).","sortOrder":39},{"sectionNumber":"Division 1","sectionType":"division","heading":"Obtaining an order for contravention of civil remedy provision","content":"An Act relating to the Federal Safety Commissioner, and for related purposes\n\nChapter 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Federal Safety Commissioner Act 2022.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

1 December 2016

2. Sections 3 to 120

The later of:

(a) 1 January 2014; and

(b) the day after this Act receives the Royal Assent.

2 December 2016

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Object\n\n The object of this Act is to promote work health and safety in relation to building work undertaken by a constitutional corporation, the Commonwealth or a corporate Commonwealth entity.\n\n#### 4 Simplified outline of this Act\n\nThe Federal Safety Commissioner, and Federal Safety Officers, are responsible for promoting work health and safety in relation to building work. They also have a role in relation to the Work Health and Safety Accreditation Scheme, which is a scheme prescribed by the rules for accrediting persons who carry out building work funded by the Commonwealth or a corporate Commonwealth entity.\n\nFederal Safety Officers may obtain information. Federal Safety Officers can also enter premises for certain purposes. There are protections for, and limitations on the use of, information that is provided under this Act.\n\n#### 5 Definitions\n\n In this Act:\n\n> accredited person means a person who is accredited under the WHS Accreditation Scheme.\n\n> authorised applicant for an order relating to a contravention of a civil remedy provision means:\n\n (b) a person affected by the contravention; or\n (c) a person prescribed by the rules for the purposes of this paragraph.\n Rules prescribing persons for the purposes of paragraph (c) may provide that a person is prescribed only in relation to circumstances specified in the rules.\n\n> builder has the meaning given by subsection 43(8).\n\n> building contractor means a person who has entered into, or who has offered to enter into, a contract for services under which the person:\n\n (a) carries out building work; or\n (b) arranges for building work to be carried out.\n\n> building employee means:\n\n (a) a person whose employment consists of, or includes, building work; or\n (b) a person who accepts an offer of engagement as an employee for work that consists of, or includes, building work.\n\n> building employer means an employer who employs, or offers to employ, building employees.\n\n> building work has the meaning given by section 6.\n\n> civil penalty order means an order under paragraph 81(1)(a).\n\n> civil remedy provision means:\n\n (a) a Grade A civil remedy provision; or\n (b) a Grade B civil remedy provision.\n\n> Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.\n\n> compliance powers means functions and powers conferred on a Federal Safety Officer.\n\n> compliance purposes means the purposes referred to in subsection 70(2).\n\n> conduct includes an omission.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> copy a document includes take extracts from the document.\n\n> corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> disclose means divulge or communicate.\n\n> employee has its ordinary meaning, and:\n\n (a) includes an individual who is usually an employee within that meaning; but\n (b) does not include an individual on a vocational placement.\n\n> employer has its ordinary meaning, and includes a person that is usually an employer within that meaning.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n> Federal Court means the Federal Court of Australia.\n\n> Federal Safety Commissioner means the Federal Safety Commissioner referred to in section 37.\n\n> Federal Safety Officer means:\n\n (a) the Federal Safety Commissioner; or\n (b) a person appointed as a Federal Safety Officer under subsection 68(1).\n\n> FW Act means the Fair Work Act 2009.\n\n> Grade A civil remedy provision means:\n\n (a) a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating “Grade A civil penalty”; or\n (b) a subsection of this Act that has a note at its foot stating “Grade A civil penalty”.\n\n> Note: The maximum penalty for a Grade A civil remedy provision is 1,000 penalty units for bodies corporate, and otherwise 200 penalty units (see subsection 81(2)).\n\n> Grade B civil remedy provision means:\n\n (a) a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating “Grade B civil penalty”; or\n (b) a subsection of this Act that has a note at its foot stating “Grade B civil penalty”.\n\n> Note: The maximum penalty for a Grade B civil remedy provision is 100 penalty units for bodies corporate, and otherwise 20 penalty units (see subsection 81(2)).\n\n> Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973.\n\n> land has a meaning affected by subsection 6(6).\n\n> occupier has the same meaning as in the FW Act.\n\n> pre‑construction agreement has the meaning given by subsection 43(8).\n\n> premises has the same meaning as in the FW Act.\n\n> relevant court means each of the following courts:\n\n (a) the Federal Court;\n (b) the Federal Circuit and Family Court of Australia (Division 2);\n (c) a Supreme Court of a State or Territory;\n (d) a District Court, or County Court, of a State.\n\n> relevant State or Territory court means each of the following courts:\n\n (a) a District, County or Local Court of a State;\n (b) a magistrates court;\n (c) the Industrial Relations Court of South Australia;\n (d) the Industrial Court of New South Wales;\n (e) any other State or Territory court that is prescribed by the rules.\n\n> resources platform means an artificial island, installation or structure attached to the seabed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.\n\n> Secretary means the Secretary of the Department.\n\n> this Act includes the rules and the regulations.\n\n> WHS Accreditation Scheme means the Work Health and Safety Accreditation Scheme referred to in section 43.\n\n#### 6 Meaning of building work\n\n (1) Subject to subsections (3), (4) and (5), building work means any of the following activities:\n (a) the construction, alteration, extension, restoration, repair, demolition or dismantling of buildings, structures or works that form, or are to form, part of land, whether or not the buildings, structures or works are permanent;\n (b) the construction, alteration, extension, restoration, repair, demolition or dismantling of railways (not including rolling stock) or docks;\n (c) the installation in any building, structure or works of fittings forming, or to form, part of land, including heating, lighting, air‑conditioning, ventilation, power supply, drainage, sanitation, water supply, fire protection, security and communications systems;\n (d) any operation that is part of, or is preparatory to, or is for rendering complete, work covered by paragraph (a), (b) or (c), for example:\n (i) site clearance, earth‑moving, excavation, tunnelling and boring; or\n (ii) the laying of foundations; or\n (iii) the erection, maintenance or dismantling of scaffolding; or\n (iv) the prefabrication of made‑to‑order components to form part of any building, structure or works, whether carried out on‑site or off‑site; or\n (v) site restoration, landscaping and the provision of roadways and other access works;\n (e) transporting or supplying goods, to be used in work covered by paragraph (a), (b), (c) or (d), directly to building sites (including any resources platform) where that work is being or may be performed;\n but does not include any of the following:\n (f) the drilling for, or extraction of, oil or natural gas;\n (g) the extraction (whether by underground or surface working) of minerals, including tunnelling or boring, or constructing underground works, for that purpose;\n (h) any work that is part of a project for:\n (i) the construction, repair or restoration of a single dwelling‑house; or\n (ii) the construction, repair or restoration of any building, structure or work associated with a single dwelling‑house; or\n (iii) the alteration or extension of a single dwelling‑house, if it remains a single dwelling‑house after the alteration or extension.\n (2) To avoid doubt, paragraphs (1)(f) and (g) do not prevent this Act from applying to building work (within the meaning of paragraphs (1)(a) to (e)) that is performed on land in which there is an interest relating to the mining of oil, gas or minerals.\n\n> Note: This Act extends to any resources platform, and to certain ships, in the exclusive economic zone or in the waters above the continental shelf (see section 11).\n\n (3) Paragraph (1)(h) does not apply if the project is part of a multi‑dwelling development that consists of, or includes, the construction of at least 5 single dwelling‑houses.\n (4) Subject to subsection (5), building work includes any activity that is prescribed by the rules for the purposes of this subsection.\n (5) Building work does not include any activity that is prescribed by the rules for the purposes of this subsection.\n (6) In this Act:\n\n> land includes land beneath water.\n\n#### 10 Extension of Act to Christmas Island and Cocos (Keeling) Islands\n\n (1) This Act extends to the Territory of Christmas Island and to the Territory of Cocos (Keeling) Islands.\n (2) This Act applies in relation to the Territory of Christmas Island and to the Territory of Cocos (Keeling) Islands with any modifications that are prescribed by the rules.\n\n#### 11 Extension of Act to EEZ and waters above continental shelf\n\n (1) This Act extends to or in relation to:\n (a) any resources platform in the exclusive economic zone or in the waters above the continental shelf; and\n (b) any ship, in the exclusive economic zone or in the waters above the continental shelf, that is travelling to or from (or both to and from) an Australian port.\n Extensions prescribed by rules\n (2) Without limiting subsection (1), if the rules prescribe further extensions of this Act, or specified provisions of this Act, to or in relation to the exclusive economic zone or to the waters above the continental shelf, then this Act extends accordingly.\n Modifications relating to Greater Sunrise special regime area\n (3) Despite subsections (1) and (2), if the rules prescribe modifications of this Act, or specified provisions of this Act, for its operation under subsection (1) or (2) in relation to all or part of the Greater Sunrise special regime area then, so far as this Act would, apart from this subsection, extend to the area or part, it has effect as so modified.\n (4) For the purposes of subsection (3), the rules may prescribe different modifications relating to different parts of the Greater Sunrise special regime area.\n Extension relating to Greater Sunrise special regime area\n (5) Despite subsection 13AB(1) of the Seas and Submerged Lands Act 1973:\n (a) an extension of this Act under subsection (1) of this section has effect; and\n (b) an extension of this Act, or a provision of this Act, because of rules made for the purposes of subsection (2) of this section may (subject to those rules) have effect;\n in relation to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area. This subsection has effect whether or not the extension is affected by subsection (3) of this section.\n\n#### 12 Geographical application of offences\n\n Division 14 (standard geographical jurisdiction) of the Criminal Code does not apply in relation to an offence against this Act.\n\n> Note: The extended geographical application that section 11 gives to this Act will apply to the offences in this Act.\n\n#### 13 Act to bind Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) Nothing in this Act renders the Commonwealth or a State or Territory liable to be prosecuted for an offence.\n\nChapter 4—The Federal Safety Commissioner\n\n## Part 1—Simplified outline of this Chapter\n\n#### 36 Simplified outline of this Chapter\n\nThe Federal Safety Commissioner is an SES position in the Department. The Commissioner has 2 main functions: in relation to work health and safety in building work and the Work Health and Safety Accreditation Scheme.\n\nThe Work Health and Safety Accreditation Scheme is a scheme prescribed by the rules. Any person who wishes to carry out building work funded by the Commonwealth or a corporate Commonwealth entity must be accredited by the Federal Safety Commissioner in accordance with the scheme.\n\n## Part 2—The Federal Safety Commissioner\n\n#### 37 Federal Safety Commissioner\n\n (1) The Secretary must, by writing, designate a position in the Department as the position of Federal Safety Commissioner.\n\n> Note: For creation of positions, see section 77 of the Public Service Act 1999.\n\n (2) That position can only be occupied by an SES employee.\n (3) The Federal Safety Commissioner is the SES employee who occupies, or the acting SES employee who is acting in, that position.\n (4) An instrument under subsection (1) is not a legislative instrument.\n\n#### 38 Functions of Federal Safety Commissioner\n\n The Federal Safety Commissioner has the following functions:\n\n (aa) promoting the object of this Act (see section 3);\n\n (a) promoting work health and safety in relation to building work undertaken by a constitutional corporation, the Commonwealth or a corporate Commonwealth entity;\n (b) performing functions as the accreditation authority for the purposes of the WHS Accreditation Scheme;\n (c) promoting the benefits of the WHS Accreditation Scheme and disseminating information about the WHS Accreditation Scheme;\n (ca) auditing compliance with National Construction Code performance requirements in relation to building materials;\n (d) referring matters to other relevant agencies and bodies;\n (e) any other functions conferred on the Federal Safety Commissioner by this Act or by another Act.\n\n#### 39 Minister’s directions to Federal Safety Commissioner\n\n (1) The Minister may, by legislative instrument, give written directions to the Federal Safety Commissioner specifying the manner in which the Federal Safety Commissioner must exercise the powers or perform the functions of the Federal Safety Commissioner under this Act.\n (2) The Minister must not give a direction under subsection (1) about a particular case.\n (3) The Federal Safety Commissioner must comply with a direction under subsection (1).\n (4) Despite anything in section 44 of the Legislation Act 2003, section 42 of that Act (disallowance of legislative instruments) applies to a direction under subsection (1) of this section.\n\n#### 40 Delegation by Federal Safety Commissioner\n\n (1) The Federal Safety Commissioner may, in writing, delegate all or any of his or her powers and functions under this Act to:\n (a) a Federal Safety Officer; or\n (b) an SES employee or acting SES employee; or\n\n (ba) an APS employee whose duties relate to the performance of the Federal Safety Commissioner’s functions or the exercise of the Federal Safety Commissioner’s powers; or\n\n (c) a person (whether or not an SES employee) prescribed by the rules for the purposes of this paragraph.\n (2) In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the Federal Safety Commissioner.\n (3) As soon as practicable after delegating any power or function under this section, the Federal Safety Commissioner must publish details of the delegation.\n (4) The Federal Safety Commissioner may give a direction for the purposes of subsection (2).\n (5) A written direction under subsection (4) that is of general application is a legislative instrument.\n (6) A written direction under subsection (4) that relates to a particular case is not a legislative instrument.\n\n#### 41 Acting Federal Safety Commissioner\n\n (1) If an SES employee, or acting SES employee, is acting in the position of Federal Safety Commissioner:\n (a) the employee has and may exercise all the powers, and is to perform all the functions and duties, of the occupier of the position of Federal Safety Commissioner; and\n (b) this Act, and any other law of the Commonwealth, applies in relation to the employee as if the employee were the occupier of the position of Federal Safety Commissioner.\n (2) Anything done by or in relation to a person purporting to act in the position of Federal Safety Commissioner is not invalid merely because the occasion to act had not arisen or had ceased.\n\n#### 42 Consultants\n\n (1) The Federal Safety Commissioner may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the Federal Safety Commissioner.\n (2) The terms and conditions of the engagement of a person are those determined by the Federal Safety Commissioner in writing.\n\n## Part 3—WHS Accreditation Scheme for Commonwealth building work\n\n#### 43 WHS Accreditation Scheme for Commonwealth building work\n\n Accreditation scheme\n (1) The rules may prescribe an accreditation scheme, to be known as the Work Health and Safety Accreditation Scheme, for persons who wish to carry out building work funded by the Commonwealth or a corporate Commonwealth entity.\n (2) The rules must provide for the Federal Safety Commissioner to be the accrediting authority under the scheme.\n (3) The rules may prescribe fees for applications made under the rules.\n Commonwealth building work to be carried out by accredited persons\n (4) The Commonwealth or a corporate Commonwealth entity must not fund building work unless:\n (a) contracts for the building work will be entered into with builders who are accredited persons; and\n (b) at the time of the funding, the Commonwealth or corporate Commonwealth entity takes appropriate steps to ensure that builders will be accredited persons when they carry out the building work.\n This subsection does not apply to building work prescribed by the rules.\n (5) For the purposes of this section, the Commonwealth or a corporate Commonwealth entity funds building work if it:\n (a) pays for, or otherwise funds or finances, the building work (whether directly or indirectly); or\n (b) facilitates the carrying out of the building work by entering into, or otherwise funding or financing (whether directly or indirectly), a pre‑construction agreement that relates to the building work.\n (6) If another provision of a law of the Commonwealth is inconsistent with subsection (4), subsection (4) prevails to the extent of the inconsistency unless the other provision expressly refers to this section.\n (7) Failure to comply with subsection (4) does not affect the validity of anything done by the Commonwealth or a corporate Commonwealth entity in relation to building work.\n Definitions\n (8) In this Act:\n\n> builder, in relation to building work, means a person who carries out any of the building work.\n\n> pre‑construction agreement means an agreement to lease or transfer land, a building or a part of a building on the condition, or on conditions that include the condition, that building work will be carried out on the land, the building or the part of the building.\n\nChapter 7—Powers to obtain information\n\n## Part 1—Simplified outline of this Chapter\n\n#### 60 Simplified outline of this Chapter\n\nFederal Safety Officers are appointed under this Chapter. Federal Safety Officers have powers, including the power to enter premises, the power to ask a person’s name and address and the power to require persons to produce records or documents.\n\nIntentionally hindering or obstructing a Federal Safety Officer who is exercising any of these powers is prohibited.\n\n## Part 3—Powers of Federal Safety Officers\n\n### Division 2—Appointment of Federal Safety Officers\n\n#### 68 Federal Safety Officers\n\n (1) The Federal Safety Commissioner may, by written instrument, appoint any of the following persons as a Federal Safety Officer:\n (a) a person who is an employee of the Commonwealth or who holds an office or appointment under a law of the Commonwealth;\n (b) a person who is an employee of a State or Territory or who holds an office or appointment under a law of a State or Territory;\n (c) a consultant engaged under section 42.\n (2) The Federal Safety Commissioner must not appoint a person referred to in paragraph (1)(c) as a Federal Safety Officer unless the Federal Safety Commissioner is satisfied that the person is an appropriate person to be appointed as a Federal Safety Officer.\n (3) The Federal Safety Commissioner is a Federal Safety Officer by force of this subsection.\n (4) In exercising powers or performing functions as a Federal Safety Officer, a Federal Safety Officer appointed under subsection (1) must comply with any directions of the Federal Safety Commissioner.\n (5) The Federal Safety Commissioner may give directions for the purposes of subsection (4).\n (6) A written direction under subsection (5) that is of general application is a legislative instrument.\n (7) A written direction under subsection (5) that relates to a particular case is not a legislative instrument.\n\n#### 69 Identity cards for Federal Safety Officers\n\n (1) The Federal Safety Commissioner must issue an identity card to a Federal Safety Officer appointed under subsection 68(1).\n (2) The Minister must issue an identity card to the Federal Safety Commissioner.\n Form of identity card\n (3) The identity card must:\n (a) be in the form approved by the Federal Safety Commissioner; and\n (b) contain a recent photograph of the person to whom it is issued.\n Federal Safety Officer must carry card\n (4) A Federal Safety Officer must carry the identity card at all times when performing functions or exercising powers as a Federal Safety Officer.\n\n> Note: The Federal Safety Commissioner is a Federal Safety Officer (see the definition of Federal Safety Officer in section 5).\n\n Offence\n (5) A person commits an offence of strict liability if:\n (a) the person ceases to be a Federal Safety Officer; and\n (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Federal Safety Commissioner or the Minister (as the case requires).\n\nPenalty: 1 penalty unit.\n\n Exception—card lost or destroyed\n (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).\n\n### Division 3—Powers of Federal Safety Officers\n\n#### 70 Purposes for which powers of Federal Safety Officers may be exercised\n\n Compliance purposes for Federal Safety Officers\n (2) A Federal Safety Officer may exercise compliance powers for one or more of the following purposes:\n (a) ascertaining whether a constitutional corporation, the Commonwealth or a corporate Commonwealth entity that is an applicant for accreditation meets the accreditation requirements;\n (b) ascertaining whether a constitutional corporation, the Commonwealth or a corporate Commonwealth entity that is an accredited person has complied, or is complying, with conditions of the accreditation;\n (c) ascertaining whether an accredited person has complied, or is complying, with conditions of the accreditation in respect of building work in a Territory or Commonwealth place.\n Functions and powers subject to terms and conditions\n (3) The functions and powers of a Federal Safety Officer are subject to any conditions and restrictions specified in his or her instrument of appointment.\n\n#### 71 When powers of Federal Safety Officers may be exercised\n\n A Federal Safety Officer may exercise compliance powers:\n (a) at any time during working hours; or\n (b) at any other time, if the Federal Safety Officer reasonably believes that it is necessary to do so for compliance purposes.\n\n#### 72 Power of Federal Safety Officers to enter premises\n\n Powers of Federal Safety Officers to enter premises\n (2) A Federal Safety Officer may, without force:\n (a) enter premises, if the officer reasonably believes that building work is being carried out, or has been carried out by an applicant or accredited person referred to in subsection 70(2); or\n (b) enter business premises, if the officer reasonably believes that:\n (i) there are records or documents relevant to compliance purposes on the premises, or accessible from a computer on the premises; or\n (ii) a person who ordinarily performs work or conducts business at the premises has information relevant to compliance purposes.\n\n> Note: Intentionally hindering or obstructing a Federal Safety Officer is prohibited (see section 78).\n\n Limitation on Federal Safety Officers entering premises\n (3) Despite paragraph (2)(a), a Federal Safety Officer must not enter a part of premises that is used for residential purposes unless the officer reasonably believes that the work referred to in that paragraph is being performed on that part of the premises.\n (4) Despite subparagraph (2)(b)(ii), a Federal Safety Officer must not enter business premises under that subparagraph if the Federal Safety Officer reasonably believes that the person concerned is not at those premises.\n\n#### 73 Showing identity card before entry\n\n A Federal Safety Officer must, before or as soon as practicable after entering premises, show his or her identity card to the occupier, or another person who apparently represents the occupier, if the occupier or other person is present at the premises.\n\n#### 74 Powers of Federal Safety Officers while on premises\n\n Entry other than under subparagraph 72(2)(b)(ii)\n (1) A Federal Safety Officer who enters premises under paragraph 72(2)(a) or subparagraph 72(2)(b)(i) may exercise one or more of the following powers while on the premises:\n (a) inspect any work, process or object;\n (b) interview any person;\n (c) require a person to tell the Federal Safety Officer who has custody of, or access to, a record or document;\n (d) require a person who has custody of, or access to, a record or document to produce the record or document to the Federal Safety Officer either while the Federal Safety Officer is on the premises, or within a specified period;\n (e) inspect, and make copies of, any record or document that:\n (i) is on the premises; or\n (ii) is accessible from a computer that is on the premises;\n (f) take samples of any goods or substances in accordance with any procedures prescribed by the rules.\n\n> Note: See also sections 79 (power to keep records or documents), 102 (self‑incrimination) and 104 (certain records and documents are inadmissible).\n\n Entry under subparagraph 72(2)(b)(ii)\n (2) A Federal Safety Officer who enters premises under subparagraph 72(2)(b)(ii) may interview the person concerned while on those premises.\n Refusing or failing to participate in an interview\n (3) A refusal or failure by a person to participate in an interview under this section is not to be treated as conduct covered by section 149.1 of the Criminal Code.\n\n#### 75 Persons assisting Federal Safety Officers\n\n (1) A person may accompany a Federal Safety Officer onto premises to assist the Federal Safety Officer if the Federal Safety Commissioner is satisfied that:\n (a) the assistance is necessary and reasonable; and\n (b) the person assisting has suitable qualifications and experience to properly assist the Federal Safety Officer.\n (2) The person assisting:\n (a) may do such things on the premises as the Federal Safety Officer requires to assist the Federal Safety Officer to exercise compliance powers; but\n (b) must not do anything that the Federal Safety Officer does not have power to do.\n (3) Anything done by the person assisting is taken for all purposes to have been done by the Federal Safety Officer.\n\n#### 76 Power to ask for person’s name and address\n\n (1) A Federal Safety Officer may require a person to tell the Federal Safety Officer the person’s name and address if the Federal Safety Officer reasonably believes that the person has contravened a civil remedy provision.\n (2) If the Federal Safety Officer reasonably believes that the name or address is false, the Federal Safety Officer may require the person to give evidence of its correctness.\n (3) The person must comply with a requirement under subsection (1) or (2) if:\n (a) the Federal Safety Officer advises the person that he or she may contravene a civil remedy provision if he or she fails to comply with the requirement; and\n (b) the Federal Safety Officer shows his or her identity card to the person.\n\n> Note: Grade B civil penalty.\n\n (4) Subsection (3) does not apply if the person has a reasonable excuse.\n\n#### 77 Power to require persons to produce records or documents\n\n (1) A Federal Safety Officer may require a person, by notice, to produce a record or document to the Federal Safety Officer.\n\n> Note: See also sections 79 (power to keep records or documents) and 102 (self‑incrimination).\n\n (2) The notice must:\n (a) be in writing; and\n (b) be served on the person; and\n (c) require the person to produce the record or document at a specified place within a specified period of at least 14 days.\n (3) The person must comply with the notice.\n\n> Note: Grade B civil penalty.\n\n (4) Subsection (3) does not apply if the person has a reasonable excuse.\n\n#### 78 Hindering or obstructing Federal Safety Officers\n\n A person must not intentionally hinder or obstruct a Federal Safety Officer in exercising his or her compliance powers, or induce or attempt to induce any other person to do so.\n\n> Note: Grade A civil penalty.\n\n#### 79 Power to keep records or documents\n\n (1) If a record or document is produced to a Federal Safety Officer in accordance with this Division, the Federal Safety Officer may:\n (a) inspect, and make copies of, the record or document; and\n (b) keep the record or document for any period that is necessary.\n (2) While the Federal Safety Officer keeps a record or document, he or she must allow the following persons to inspect, or make copies of, the record or document at all reasonable times:\n (a) the person who produced the record or document;\n (b) any person otherwise entitled to possession of the record or document;\n (c) a person authorised by a person referred to in paragraph (a) or (b).\n Certified copy to be supplied to person entitled to document\n (3) A person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy that is certified, by one of the following persons, to be a true copy:\n (g) the Federal Safety Commissioner;\n (h) a Federal Safety Officer;\n (i) an APS employee assisting the Federal Safety Commissioner;\n (j) a person engaged as a consultant under section 42.\n Treatment of certified copy\n (4) The certified copy must be received in all courts and tribunals as evidence as if it were the original.\n\nChapter 8—Enforcement\n\n## Part 1—Simplified outline of this Chapter\n\n#### 80 Simplified outline of this Chapter\n\nAn authorised applicant (who may be a person affected by a contravention of a civil remedy provision) may apply to certain courts for an order relating to the contravention. A court may make any order, such as imposing a pecuniary penalty on a person or granting an injunction. This Chapter also includes general rules relating to contraventions of civil remedy provisions (such as who bears burdens of proof, double jeopardy, and the treatment of persons and bodies that are not individuals).\n\n## Part 2—Orders for contraventions of civil remedy provisions\n\n### Division 1—Obtaining an order for contravention of civil remedy provision\n\n#### 81 Penalty etc. for contravention of civil remedy provision\n\n (1) A relevant court, on application by an authorised applicant, may make one or more of the following orders relating to a person (the defendant) who has contravened a civil remedy provision:\n (a) an order imposing a pecuniary penalty on the defendant;\n (b) an order requiring the defendant to pay a specified amount to another person as compensation for damage suffered by the other person as a result of the contravention;\n (c) any other order that the court considers appropriate.\n Maximum penalty for civil remedy provisions\n (2) The maximum pecuniary penalty is:\n (a) for a Grade A civil remedy provision—1,000 penalty units if the defendant is a body corporate and otherwise 200 penalty units; and\n (b) for a Grade B civil remedy provision—100 penalty units if the defendant is a body corporate and otherwise 20 penalty units.\n Injunctions\n (3) The orders that may be made under paragraph (1)(c) include:\n (a) injunctions (including interim injunctions); and\n (b) any other orders that the court considers necessary to stop the conduct or remedy its effects, including orders for the sequestration of assets.\n Pecuniary penalties\n (5) A pecuniary penalty under paragraph (1)(a) is payable to the Commonwealth, or to some other person if the court so directs. It may be recovered as a debt.\n (6) In determining a pecuniary penalty under paragraph (1)(a), the court must take into account all relevant matters, including:\n (a) the nature and extent of the contravention; and\n (b) the nature and extent of any loss or damage suffered because of the contravention; and\n (c) the circumstances in which the contravention took place; and\n (d) whether the person has previously been found by a court (including a court in a foreign country) to have engaged in any similar conduct.\n (7) The Consolidated Revenue Fund is appropriated for the purposes of a debt due to a person other than the Commonwealth in relation to a penalty under paragraph (1)(a).\n\n#### 82 Interest up to judgement\n\n (1) This section applies to an order (other than a civil penalty order) under this Division in relation to an amount that a person was required to pay to, or on behalf of, another person under this Act.\n (2) In making the order the court must, on application, include an amount of interest in the sum ordered, unless good cause is shown to the contrary.\n (3) Without limiting subsection (2), in determining the amount of interest, the court must take into account the period between the day the relevant cause of action arose and the day the order is made.\n\n#### 83 Conduct contravening more than one civil remedy provision\n\n (1) If conduct constitutes a contravention of 2 or more civil remedy provisions, proceedings may be instituted under this Part against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Part in relation to the same conduct.\n\n#### 84 Multiple contraventions\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil remedy provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n (2) However, any pecuniary penalty imposed must not exceed the sum of the maximum penalties that could be ordered if a separate pecuniary penalty were ordered for each of the contraventions.\n\n#### 85 Proceedings may be heard together\n\n A relevant court may direct that 2 or more proceedings relating to contraventions of civil remedy provisions are to be heard together.\n\n#### 86 Civil evidence and procedure rules for proceedings relating to contraventions of civil remedy provisions\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a contravention of a civil remedy provision.\n\n### Division 2—Civil proceedings and criminal proceedings\n\n#### 87 Civil proceedings after criminal proceedings\n\n A relevant court may not make a civil penalty order against a person for a contravention of a civil remedy provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n\n#### 88 Criminal proceedings during civil proceedings\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil remedy provision are stayed if:\n (a) criminal proceedings are commenced or have already been commenced against the person for an offence; and\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings are dismissed.\n\n#### 89 Criminal proceedings after civil proceedings\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct that would constitute a contravention of a civil remedy provision regardless of whether an order has been made under this Part against the person in relation to the contravention.\n\n#### 90 Evidence given in civil proceedings not admissible in criminal proceedings\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the information or produced the documents in proceedings for a civil penalty order against the individual for an alleged contravention of a civil remedy provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) However, subsection (1) does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the civil penalty order.\n\n#### 91 Civil double jeopardy\n\n If a person is ordered to pay a pecuniary penalty under a civil remedy provision in relation to particular conduct, the person is not liable to be ordered to pay a pecuniary penalty under some other provision of a law of the Commonwealth in relation to that conduct.\n\n> Note: A court may make other orders, such as an order for compensation, in relation to particular conduct even if the court has made a civil penalty order in relation to that conduct.\n\n### Division 3—Miscellaneous\n\n#### 92 Ancillary contravention of civil remedy provisions\n\n (1) A person must not:\n (a) attempt to contravene a civil remedy provision; or\n (b) aid, abet, counsel or procure a contravention of a civil remedy provision; or\n (c) induce (by threats, promises or otherwise) a contravention of a civil remedy provision; or\n (d) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of a civil remedy provision; or\n (e) conspire with others to effect a contravention of a civil remedy provision.\n Civil penalty\n (2) A person who contravenes subsection (1) in relation to a civil remedy provision is taken to have contravened the provision.\n\n#### 93 Exceptions etc. to civil remedy provisions—burden of proof\n\n If, in proceedings for a civil penalty order against a person for a contravention of a civil remedy provision, the person wishes to rely on any exception, exemption, excuse, qualification or justification provided by the law creating the civil remedy provision, then the person bears an evidential burden in relation to that matter.\n\n#### 94 Liability of bodies corporate\n\n Conduct of a body corporate\n (1) Any conduct engaged in on behalf of a body corporate:\n (a) by an officer, employee or agent (an official) of the body within the scope of his or her actual or apparent authority; or\n (b) by any other person at the direction or with the consent or agreement (whether express or implied) of an official of the body, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the official;\n is taken, for the purposes of this Act, to have been engaged in also by the body.\n State of mind of a body corporate\n (2) If, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is enough to show:\n (a) that the conduct was engaged in by a person referred to in paragraph (1)(a) or (b); and\n (b) that the person had that state of mind.\n Meaning of state of mind\n (3) The state of mind of a person includes:\n (a) the knowledge, intention, opinion, belief or purpose of the person; and\n (b) the person’s reasons for the intention, opinion, belief or purpose.\n\nChapter 9—Miscellaneous\n\n## Part 1—Simplified outline of this Chapter\n\n#### 101 Simplified outline of this Chapter\n\nFor persons who are required by this Act to provide information, Part 2 contains provisions relating to self‑incrimination, protection from liability for providing the information and the admissibility of the information provided. The Part also contains rules to protect the privacy of that information, while allowing its disclosure in certain circumstances.\n\nProvisions relating to courts, such as the conferral of power on the Federal Court and appeals from certain State or Territory courts, are dealt with by Part 4.\n\nCertain officials under this Act are protected from civil proceedings under Part 5\\. That Part also allows the Minister to delegate certain powers, and contains a rule‑making and regulation‑making power.\n\n## Part 2—Provisions relating to information\n\n### Division 1—Provisions relating to requirements to provide information\n\n#### 102 Self‑incrimination etc.\n\n Excuses that are not available\n (1) A person is not excused from producing a record or document under paragraph 74(1)(d) or subsection 77(1), on the ground that to do so:\n (a) would contravene any other law; or\n (b) might tend to incriminate the person or otherwise expose the person to a penalty or other liability.\n Use/derivative use indemnity in relation to other requirements\n (3) In the case of an individual who produces a record or document under paragraph 74(1)(d) or subsection 77(1), neither:\n (a) the record or document produced; nor\n (b) any information, document or thing obtained as a direct or indirect consequence of producing the record or document;\n is admissible in evidence against the individual in criminal proceedings, other than proceedings to which subsection (4) of this section applies.\n\n (4) This subsection applies to the following proceedings:\n\n (a) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act (false or misleading information or documents);\n\n (b) proceedings for an offence against section 149.1 of the Criminal Code that relates to this Act (obstruction of Commonwealth officials).\n\n#### 104 Certain records and documents are inadmissible\n\n The following:\n (a) any record or document inspected or copied under paragraph 74(1)(e) of which an individual had custody, or to which an individual had access, when it was inspected or copied;\n (b) any information, document or thing obtained as a direct or indirect consequence of inspecting or copying a record or document described in paragraph (a) of this section;\n are not admissible in evidence in criminal proceedings against the individual, other than:\n (c) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act (false or misleading information or documents); or\n (d) proceedings for an offence against section 149.1 of the Criminal Code that relates to this Act (obstruction of Commonwealth officials).\n\n### Division 2—Protecting information acquired for the purposes of this Act\n\n#### 105 Disclosure of information by the Federal Safety Commissioner\n\n Information to which this section applies\n (1) This section applies to information that is acquired by any of the following persons in the course of performing functions, or exercising powers, as such a person:\n (h) the Federal Safety Commissioner;\n (i) a Federal Safety Officer;\n (j) an APS employee assisting the Federal Safety Commissioner;\n (k) a consultant under section 42.\n Disclosure that is necessary or appropriate, or likely to assist administration or enforcement\n (2) The Federal Safety Commissioner may disclose, or authorise the disclosure of, the information if the Commissioner reasonably believes:\n (a) that it is necessary or appropriate to do so for the purposes of the performance of the Commissioner’s functions or the exercise of the Commissioner’s powers; or\n (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n Disclosure to the Minister\n (3) The Federal Safety Commissioner may disclose, or authorise the disclosure of, the information to the Minister if the Commissioner reasonably believes that the disclosure is likely to assist the Minister to consider a complaint or issue in relation to a matter arising under this Act.\n Disclosure to the Department\n (4) The Federal Safety Commissioner may disclose, or authorise the disclosure of, the information to:\n (a) the Secretary; or\n (b) an SES employee, or an APS employee, in the Department;\n for the purpose of briefing, or considering briefing, the Minister if the Commissioner reasonably believes the disclosure is likely to assist the Minister to consider a complaint or issue in relation to a matter arising under this Act.\n\n## Part 4—Provisions relating to courts\n\n#### 113 Jurisdiction of the Federal Court\n\n Jurisdiction is conferred on the Federal Court in relation to any matter arising under this Act.\n\n#### 114 Exercising jurisdiction in the Fair Work Division of the Federal Court\n\n (1) This section applies if:\n (a) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n (b) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n (c) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n (d) a prosecution is instituted in the Federal Court under this Act; or\n (e) an appeal is instituted in the Federal Court from a judgement of the Federal Circuit and Family Court of Australia (Division 2) or a court of a State or Territory in a matter arising under this Act; or\n (f) proceedings in relation to a matter arising under this Act are transferred to the Federal Court from the Federal Circuit and Family Court of Australia (Division 2); or\n (g) the Federal Circuit and Family Court of Australia (Division 2) or a court of a State or Territory states a case or reserves a question for the consideration of the Federal Court in a matter arising under this Act; or\n (h) the High Court remits a matter arising under this Act to the Federal Court.\n (2) The jurisdiction of the Federal Court is to be exercised in the Fair Work Division of the Federal Court.\n\n#### 115 No limitation on Federal Court’s powers\n\n To avoid doubt, nothing in this Act limits the Federal Court’s powers under section 21, 22 or 23 of the Federal Court of Australia Act 1976.\n\n#### 116 Appeals from relevant State or Territory courts\n\n Appeals from original decisions of relevant State or Territory courts\n (1) An appeal lies to the Federal Court from a decision of a relevant State or Territory court exercising jurisdiction under this Act.\n (2) No appeal lies from a decision of a relevant State or Territory court exercising jurisdiction under this Act, except:\n (a) if the court was exercising summary jurisdiction—an appeal, to that court or another relevant State or Territory court of the same State or Territory, as provided for by a law of that State or Territory; or\n (b) in any case—an appeal as provided for by subsection (1).\n Appeals from appellate decisions of relevant State or Territory courts\n (3) An appeal lies to the Federal Court from a decision of a relevant State or Territory court made on appeal from a decision that:\n (a) was a decision of that court or another relevant State or Territory court of the same State or Territory; and\n (b) was made in the exercise of jurisdiction under this Act.\n (4) No appeal lies from a decision to which subsection (3) applies, except an appeal as provided for by that subsection.\n Leave to appeal not required\n (5) It is not necessary to obtain the leave of the Federal Court, or the court appealed from, in relation to an appeal under subsection (1) or (3).\n\n## Part 5—Miscellaneous\n\n#### 118 Federal Safety Commissioner etc. not liable for conduct in good faith\n\n (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) in the exercise, or purported exercise, of functions, powers or duties under, or in relation to, this Act.\n (2) The persons are:\n (b) the Federal Safety Commissioner; and\n (c) a Federal Safety Officer; and\n (d) an APS employee assisting the Federal Safety Commissioner; and\n (e) a person engaged as a consultant under section 42.\n\n#### 120 Rules and regulations\n\n Rules\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Without limiting subsection (1), the rules may make provision for, and in relation to, the following:\n (a) the manner in which, and the time within which, applications under this Act may be made and dealt with;\n (b) the form of notices that are required or permitted to be given under this Act.\n (3) Despite subsection 12(2) of the Legislation 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.\n Regulations\n (4) The Governor‑General may make regulations prescribing:\n (aa) matters required or permitted by this Act to be prescribed by the regulations; or\n (ab) matters necessary or convenient to be prescribed for carrying out or giving effect to this Act; or\n (a) penalties for offences against the rules, not exceeding a fine of 10 penalty units; or\n (b) civil penalties for contraventions of the rules, not exceeding:\n (i) for a body corporate—25 penalty units; or\n (ii) in any other case—5 penalty units.","sortOrder":41},{"sectionNumber":"81","sectionType":"section","heading":"Penalty etc. for contravention of civil remedy provision","content":"#### 81 Penalty etc. for contravention of civil remedy provision\n\n (1) A relevant court, on application by an authorised applicant, may make one or more of the following orders relating to a person (the defendant) who has contravened a civil remedy provision:\n (a) an order imposing a pecuniary penalty on the defendant;\n (b) an order requiring the defendant to pay a specified amount to another person as compensation for damage suffered by the other person as a result of the contravention;\n (c) any other order that the court considers appropriate.\n Maximum penalty for civil remedy provisions\n (2) The maximum pecuniary penalty is:\n (a) for a Grade A civil remedy provision—1,000 penalty units if the defendant is a body corporate and otherwise 200 penalty units; and\n (b) for a Grade B civil remedy provision—100 penalty units if the defendant is a body corporate and otherwise 20 penalty units.\n Injunctions\n (3) The orders that may be made under paragraph (1)(c) include:\n (a) injunctions (including interim injunctions); and\n (b) any other orders that the court considers necessary to stop the conduct or remedy its effects, including orders for the sequestration of assets.\n Pecuniary penalties\n (5) A pecuniary penalty under paragraph (1)(a) is payable to the Commonwealth, or to some other person if the court so directs. It may be recovered as a debt.\n (6) In determining a pecuniary penalty under paragraph (1)(a), the court must take into account all relevant matters, including:\n (a) the nature and extent of the contravention; and\n (b) the nature and extent of any loss or damage suffered because of the contravention; and\n (c) the circumstances in which the contravention took place; and\n (d) whether the person has previously been found by a court (including a court in a foreign country) to have engaged in any similar conduct.\n (7) The Consolidated Revenue Fund is appropriated for the purposes of a debt due to a person other than the Commonwealth in relation to a penalty under paragraph (1)(a).","sortOrder":42},{"sectionNumber":"82","sectionType":"section","heading":"Interest up to judgement","content":"#### 82 Interest up to judgement\n\n (1) This section applies to an order (other than a civil penalty order) under this Division in relation to an amount that a person was required to pay to, or on behalf of, another person under this Act.\n (2) In making the order the court must, on application, include an amount of interest in the sum ordered, unless good cause is shown to the contrary.\n (3) Without limiting subsection (2), in determining the amount of interest, the court must take into account the period between the day the relevant cause of action arose and the day the order is made.","sortOrder":43},{"sectionNumber":"83","sectionType":"section","heading":"Conduct contravening more than one civil remedy provision","content":"#### 83 Conduct contravening more than one civil remedy provision\n\n (1) If conduct constitutes a contravention of 2 or more civil remedy provisions, proceedings may be instituted under this Part against a person in relation to the contravention of any one or more of those provisions.\n (2) However, the person is not liable to more than one pecuniary penalty under this Part in relation to the same conduct.","sortOrder":44},{"sectionNumber":"84","sectionType":"section","heading":"Multiple contraventions","content":"#### 84 Multiple contraventions\n\n (1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil remedy provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.\n (2) However, any pecuniary penalty imposed must not exceed the sum of the maximum penalties that could be ordered if a separate pecuniary penalty were ordered for each of the contraventions.","sortOrder":45},{"sectionNumber":"85","sectionType":"section","heading":"Proceedings may be heard together","content":"#### 85 Proceedings may be heard together\n\n A relevant court may direct that 2 or more proceedings relating to contraventions of civil remedy provisions are to be heard together.","sortOrder":46},{"sectionNumber":"86","sectionType":"section","heading":"Civil evidence and procedure rules for proceedings relating to contraventions of civil remedy provisions","content":"#### 86 Civil evidence and procedure rules for proceedings relating to contraventions of civil remedy provisions\n\n A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a contravention of a civil remedy provision.","sortOrder":47},{"sectionNumber":"87","sectionType":"section","heading":"Civil proceedings after criminal proceedings","content":"#### 87 Civil proceedings after criminal proceedings\n\n A relevant court may not make a civil penalty order against a person for a contravention of a civil remedy provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.","sortOrder":49},{"sectionNumber":"88","sectionType":"section","heading":"Criminal proceedings during civil proceedings","content":"#### 88 Criminal proceedings during civil proceedings\n\n (1) Proceedings for a civil penalty order against a person for a contravention of a civil remedy provision are stayed if:\n (a) criminal proceedings are commenced or have already been commenced against the person for an offence; and\n (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings are dismissed.","sortOrder":50},{"sectionNumber":"89","sectionType":"section","heading":"Criminal proceedings after civil proceedings","content":"#### 89 Criminal proceedings after civil proceedings\n\n Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct that would constitute a contravention of a civil remedy provision regardless of whether an order has been made under this Part against the person in relation to the contravention.","sortOrder":51},{"sectionNumber":"90","sectionType":"section","heading":"Evidence given in civil proceedings not admissible in criminal proceedings","content":"#### 90 Evidence given in civil proceedings not admissible in criminal proceedings\n\n (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:\n (a) the individual previously gave the information or produced the documents in proceedings for a civil penalty order against the individual for an alleged contravention of a civil remedy provision (whether or not the order was made); and\n (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n (2) However, subsection (1) does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the civil penalty order.","sortOrder":52},{"sectionNumber":"91","sectionType":"section","heading":"Civil double jeopardy","content":"#### 91 Civil double jeopardy\n\n If a person is ordered to pay a pecuniary penalty under a civil remedy provision in relation to particular conduct, the person is not liable to be ordered to pay a pecuniary penalty under some other provision of a law of the Commonwealth in relation to that conduct.\n\n> Note: A court may make other orders, such as an order for compensation, in relation to particular conduct even if the court has made a civil penalty order in relation to that conduct.","sortOrder":53},{"sectionNumber":"92","sectionType":"section","heading":"Ancillary contravention of civil remedy provisions","content":"#### 92 Ancillary contravention of civil remedy provisions\n\n (1) A person must not:\n (a) attempt to contravene a civil remedy provision; or\n (b) aid, abet, counsel or procure a contravention of a civil remedy provision; or\n (c) induce (by threats, promises or otherwise) a contravention of a civil remedy provision; or\n (d) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of a civil remedy provision; or\n (e) conspire with others to effect a contravention of a civil remedy provision.\n Civil penalty\n (2) A person who contravenes subsection (1) in relation to a civil remedy provision is taken to have contravened the provision.","sortOrder":55},{"sectionNumber":"93","sectionType":"section","heading":"Exceptions etc. to civil remedy provisions—burden of proof","content":"#### 93 Exceptions etc. to civil remedy provisions—burden of proof\n\n If, in proceedings for a civil penalty order against a person for a contravention of a civil remedy provision, the person wishes to rely on any exception, exemption, excuse, qualification or justification provided by the law creating the civil remedy provision, then the person bears an evidential burden in relation to that matter.","sortOrder":56},{"sectionNumber":"94","sectionType":"section","heading":"Liability of bodies corporate","content":"#### 94 Liability of bodies corporate\n\n Conduct of a body corporate\n (1) Any conduct engaged in on behalf of a body corporate:\n (a) by an officer, employee or agent (an official) of the body within the scope of his or her actual or apparent authority; or\n (b) by any other person at the direction or with the consent or agreement (whether express or implied) of an official of the body, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the official;\n is taken, for the purposes of this Act, to have been engaged in also by the body.\n State of mind of a body corporate\n (2) If, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is enough to show:\n (a) that the conduct was engaged in by a person referred to in paragraph (1)(a) or (b); and\n (b) that the person had that state of mind.\n Meaning of state of mind\n (3) The state of mind of a person includes:\n (a) the knowledge, intention, opinion, belief or purpose of the person; and\n (b) the person’s reasons for the intention, opinion, belief or purpose.\n\nChapter 9—Miscellaneous","sortOrder":57},{"sectionNumber":"101","sectionType":"section","heading":"Simplified outline of this Chapter","content":"#### 101 Simplified outline of this Chapter\n\nFor persons who are required by this Act to provide information, Part 2 contains provisions relating to self‑incrimination, protection from liability for providing the information and the admissibility of the information provided. The Part also contains rules to protect the privacy of that information, while allowing its disclosure in certain circumstances.\n\nProvisions relating to courts, such as the conferral of power on the Federal Court and appeals from certain State or Territory courts, are dealt with by Part 4.\n\nCertain officials under this Act are protected from civil proceedings under Part 5\\. That Part also allows the Minister to delegate certain powers, and contains a rule‑making and regulation‑making power.","sortOrder":59},{"sectionNumber":"102","sectionType":"section","heading":"Self‑incrimination etc.","content":"#### 102 Self‑incrimination etc.\n\n Excuses that are not available\n (1) A person is not excused from producing a record or document under paragraph 74(1)(d) or subsection 77(1), on the ground that to do so:\n (a) would contravene any other law; or\n (b) might tend to incriminate the person or otherwise expose the person to a penalty or other liability.\n Use/derivative use indemnity in relation to other requirements\n (3) In the case of an individual who produces a record or document under paragraph 74(1)(d) or subsection 77(1), neither:\n (a) the record or document produced; nor\n (b) any information, document or thing obtained as a direct or indirect consequence of producing the record or document;\n is admissible in evidence against the individual in criminal proceedings, other than proceedings to which subsection (4) of this section applies.\n\n (4) This subsection applies to the following proceedings:\n\n (a) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act (false or misleading information or documents);\n\n (b) proceedings for an offence against section 149.1 of the Criminal Code that relates to this Act (obstruction of Commonwealth officials).","sortOrder":62},{"sectionNumber":"104","sectionType":"section","heading":"Certain records and documents are inadmissible","content":"#### 104 Certain records and documents are inadmissible\n\n The following:\n (a) any record or document inspected or copied under paragraph 74(1)(e) of which an individual had custody, or to which an individual had access, when it was inspected or copied;\n (b) any information, document or thing obtained as a direct or indirect consequence of inspecting or copying a record or document described in paragraph (a) of this section;\n are not admissible in evidence in criminal proceedings against the individual, other than:\n (c) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act (false or misleading information or documents); or\n (d) proceedings for an offence against section 149.1 of the Criminal Code that relates to this Act (obstruction of Commonwealth officials).","sortOrder":63},{"sectionNumber":"105","sectionType":"section","heading":"Disclosure of information by the Federal Safety Commissioner","content":"#### 105 Disclosure of information by the Federal Safety Commissioner\n\n Information to which this section applies\n (1) This section applies to information that is acquired by any of the following persons in the course of performing functions, or exercising powers, as such a person:\n (h) the Federal Safety Commissioner;\n (i) a Federal Safety Officer;\n (j) an APS employee assisting the Federal Safety Commissioner;\n (k) a consultant under section 42.\n Disclosure that is necessary or appropriate, or likely to assist administration or enforcement\n (2) The Federal Safety Commissioner may disclose, or authorise the disclosure of, the information if the Commissioner reasonably believes:\n (a) that it is necessary or appropriate to do so for the purposes of the performance of the Commissioner’s functions or the exercise of the Commissioner’s powers; or\n (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n Disclosure to the Minister\n (3) The Federal Safety Commissioner may disclose, or authorise the disclosure of, the information to the Minister if the Commissioner reasonably believes that the disclosure is likely to assist the Minister to consider a complaint or issue in relation to a matter arising under this Act.\n Disclosure to the Department\n (4) The Federal Safety Commissioner may disclose, or authorise the disclosure of, the information to:\n (a) the Secretary; or\n (b) an SES employee, or an APS employee, in the Department;\n for the purpose of briefing, or considering briefing, the Minister if the Commissioner reasonably believes the disclosure is likely to assist the Minister to consider a complaint or issue in relation to a matter arising under this Act.","sortOrder":65},{"sectionNumber":"Part 4","sectionType":"part","heading":"Provisions relating to courts","content":"## Part 4—Provisions relating to courts","sortOrder":66},{"sectionNumber":"113","sectionType":"section","heading":"Jurisdiction of the Federal Court","content":"#### 113 Jurisdiction of the Federal Court\n\n Jurisdiction is conferred on the Federal Court in relation to any matter arising under this Act.","sortOrder":67},{"sectionNumber":"114","sectionType":"section","heading":"Exercising jurisdiction in the Fair Work Division of the Federal Court","content":"#### 114 Exercising jurisdiction in the Fair Work Division of the Federal Court\n\n (1) This section applies if:\n (a) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n (b) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n (c) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n (d) a prosecution is instituted in the Federal Court under this Act; or\n (e) an appeal is instituted in the Federal Court from a judgement of the Federal Circuit and Family Court of Australia (Division 2) or a court of a State or Territory in a matter arising under this Act; or\n (f) proceedings in relation to a matter arising under this Act are transferred to the Federal Court from the Federal Circuit and Family Court of Australia (Division 2); or\n (g) the Federal Circuit and Family Court of Australia (Division 2) or a court of a State or Territory states a case or reserves a question for the consideration of the Federal Court in a matter arising under this Act; or\n (h) the High Court remits a matter arising under this Act to the Federal Court.\n (2) The jurisdiction of the Federal Court is to be exercised in the Fair Work Division of the Federal Court.","sortOrder":68},{"sectionNumber":"115","sectionType":"section","heading":"No limitation on Federal Court’s powers","content":"#### 115 No limitation on Federal Court’s powers\n\n To avoid doubt, nothing in this Act limits the Federal Court’s powers under section 21, 22 or 23 of the Federal Court of Australia Act 1976.","sortOrder":69},{"sectionNumber":"116","sectionType":"section","heading":"Appeals from relevant State or Territory courts","content":"#### 116 Appeals from relevant State or Territory courts\n\n Appeals from original decisions of relevant State or Territory courts\n (1) An appeal lies to the Federal Court from a decision of a relevant State or Territory court exercising jurisdiction under this Act.\n (2) No appeal lies from a decision of a relevant State or Territory court exercising jurisdiction under this Act, except:\n (a) if the court was exercising summary jurisdiction—an appeal, to that court or another relevant State or Territory court of the same State or Territory, as provided for by a law of that State or Territory; or\n (b) in any case—an appeal as provided for by subsection (1).\n Appeals from appellate decisions of relevant State or Territory courts\n (3) An appeal lies to the Federal Court from a decision of a relevant State or Territory court made on appeal from a decision that:\n (a) was a decision of that court or another relevant State or Territory court of the same State or Territory; and\n (b) was made in the exercise of jurisdiction under this Act.\n (4) No appeal lies from a decision to which subsection (3) applies, except an appeal as provided for by that subsection.\n Leave to appeal not required\n (5) It is not necessary to obtain the leave of the Federal Court, or the court appealed from, in relation to an appeal under subsection (1) or (3).","sortOrder":70},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"## Part 5—Miscellaneous","sortOrder":71},{"sectionNumber":"118","sectionType":"section","heading":"Federal Safety Commissioner etc. not liable for conduct in good faith","content":"#### 118 Federal Safety Commissioner etc. not liable for conduct in good faith\n\n (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) in the exercise, or purported exercise, of functions, powers or duties under, or in relation to, this Act.\n (2) The persons are:\n (b) the Federal Safety Commissioner; and\n (c) a Federal Safety Officer; and\n (d) an APS employee assisting the Federal Safety Commissioner; and\n (e) a person engaged as a consultant under section 42.","sortOrder":72},{"sectionNumber":"120","sectionType":"section","heading":"Rules and regulations","content":"#### 120 Rules and regulations\n\n Rules\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (2) Without limiting subsection (1), the rules may make provision for, and in relation to, the following:\n (a) the manner in which, and the time within which, applications under this Act may be made and dealt with;\n (b) the form of notices that are required or permitted to be given under this Act.\n (3) Despite subsection 12(2) of the Legislation 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.\n Regulations\n (4) The Governor‑General may make regulations prescribing:\n (aa) matters required or permitted by this Act to be prescribed by the regulations; or\n (ab) matters necessary or convenient to be prescribed for carrying out or giving effect to this Act; or\n (a) penalties for offences against the rules, not exceeding a fine of 10 penalty units; or\n (b) civil penalties for contraventions of the rules, not exceeding:\n (i) for a body corporate—25 penalty units; or\n (ii) in any other case—5 penalty units.","sortOrder":73}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded beyond its core original intent of workplace safety promotion. Notably, it now includes auditing compliance with National Construction Code performance requirements in relation to building materials (section 38(ca)), which goes beyond pure work health and safety into building product quality regulation. The accreditation scheme has also become a mandatory gateway to Commonwealth funding rather than a purely promotional tool, giving the Commissioner significant market gatekeeping power."},"complexity_factors":["Extensive cross-referencing between sections, rules, regulations, and external Acts (Fair Work Act, Public Governance Act, Criminal Code, Seas and Submerged Lands Act, Legislation Act 2003)","Two-tier civil penalty system (Grade A and Grade B) requiring readers to trace penalty notes scattered throughout the Act","Definition of 'building work' is highly detailed with multiple inclusions, exclusions, and carve-outs (e.g. single dwelling-house exception with a 5-dwelling threshold override)","Complex geographical jurisdiction provisions covering offshore platforms, the exclusive economic zone, continental shelf, and a special regime area (Greater Sunrise) with layered modifications","Dual enforcement framework where both civil and criminal proceedings can run in parallel, with detailed rules about when one suspends or bars the other","Significant content delegated to subordinate 'rules' (legislative instruments made by the Minister) rather than appearing in the Act itself, making the full legal picture incomplete without those rules","Self-incrimination protections with nuanced exceptions that require careful reading to understand what can and cannot be used as evidence","The Act appears to be a 2022 restatement/consolidation of earlier legislation (commencement dates reference 2014 and 2016), creating potential confusion about its history and what has changed","Multiple court jurisdictions involved (Federal Court, Federal Circuit Court, State Supreme Courts, District Courts, magistrates courts) with specific appeal pathways"],"plain_english_summary":"## What This Law Does\n\nThe **Federal Safety Commissioner Act 2022** sets up a workplace safety watchdog specifically for the **construction industry** — but only for building projects that involve the federal government or large corporations.\n\n---\n\n## Who Is the Federal Safety Commissioner?\n\nThe Commissioner is a senior public servant (an \"SES employee\" — meaning a high-ranking federal government official) responsible for:\n- **Promoting workplace safety** on construction sites run by the Commonwealth government, government-owned bodies, or large corporations\n- **Running an accreditation scheme** (a formal approval system) for builders who want government-funded construction contracts\n- **Auditing** whether building materials meet National Construction Code standards\n\n---\n\n## The Accreditation Scheme — What It Means for Builders\n\nIf you want to win a **government-funded building contract**, you must be **accredited** (officially approved) under the Work Health and Safety (WHS) Accreditation Scheme. This means:\n- The government **cannot legally fund your project** unless you hold this accreditation\n- This applies whether the money comes directly from the Commonwealth or via a government-owned entity (like a government corporation)\n- **Single house projects** are generally excluded — this is aimed at commercial/industrial scale construction\n\n---\n\n## Powers of Federal Safety Officers\n\nThe Commissioner can appoint **Federal Safety Officers** who have real investigative muscle:\n- They can **enter your workplace** (construction sites or business premises) without force during working hours\n- They can **inspect records and documents**, interview staff, and take samples\n- They can **demand your name and address** if they think you've broken the rules\n- They can **require you to hand over documents** by written notice (you get at least 14 days)\n- **Blocking or obstructing** a Federal Safety Officer is a serious breach — carrying fines up to $330,000 for companies\n\n---\n\n## Penalties\n\nBreaches are dealt with as **civil penalties** (fines, not jail time), with two tiers:\n- **Grade A** (serious breaches, e.g. obstructing an officer): Up to **$330,000 for companies**, $66,000 for individuals (at current penalty unit rates)\n- **Grade B** (lesser breaches, e.g. ignoring a document request): Up to **$33,000 for companies**, $6,600 for individuals\n\nCourts can also order compensation or injunctions (court orders to stop certain conduct).\n\n---\n\n## Protections for You\n\n- If you hand over documents because you're legally required to, those documents **generally cannot be used against you in criminal proceedings**\n- Officers must show their **identity cards** before entering your premises\n- Officers cannot enter the **residential parts** of a property unless they believe work is happening there\n- You have a **\"reasonable excuse\" defence** for some obligations\n\n---\n\n## Geographic Reach\n\nThis law applies not just on the Australian mainland, but also to:\n- Christmas Island and Cocos (Keeling) Islands\n- Offshore oil and gas platforms in Australian waters\n- Ships travelling to/from Australian ports in the exclusive economic zone\n\n---\n\n## Who This Affects Most\n\n- **Construction companies** bidding for government contracts (must get accredited)\n- **Subcontractors and suppliers** on government-funded building sites (subject to inspections)\n- **Government agencies and government-owned corporations** that fund construction (must only engage accredited builders)\n- **Individual workers** on covered construction sites (benefit from the safety oversight)\n\nPrivate residential builders doing single home builds are largely **not affected**."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Section 2 (Commencement table)","severity":"high","reasoning":"The commencement table states that sections 1 and 2 commenced on 1 December 2016 (the date of Royal Assent) and sections 3 to 120 commenced on 2 December 2016. Yet the Act is titled the 'Federal Safety Commissioner Act 2022'. An Act cannot receive Royal Assent in 2016 and simultaneously be the 2022 Act. The column 2 entry for row 2 specifies 'the later of (a) 1 January 2014; and (b) the day after this Act receives the Royal Assent' — option (a) is 1 January 2014, which is eight years before the Act's nominal year, meaning the drafters have embedded a date that is entirely impossible to be 'later' than Royal Assent for a 2022 Act in any meaningful forward-looking sense. The column 3 annotation confirms paragraph (b) applies, which is internally consistent but exposes the 2016 Royal Assent date as irreconcilable with a 2022 Act title.","confidence":0.95,"description":"An Act titled the 'Federal Safety Commissioner Act 2022' purports to have commenced (in part) on 1 December 2016, with substantive provisions commencing on 2 December 2016. The Act cannot have commenced in 2016 if it is the Act of 2022. The commencement table records dates that predate the Act's own title year by six years."},{"type":"self_contradicting","section":"Section 43(4) and Section 43(7)","severity":"high","reasoning":"A statutory prohibition that explicitly carries no consequence for non-compliance is logically incoherent. Section 43(4) uses imperative language ('must not fund building work unless…'), creating an obligation. Section 43(7) then nullifies the practical effect by providing that non-compliance does not affect validity. There is no civil penalty, no criminal offence, and no invalidity attached to breach. The prohibition is therefore aspirational at best and meaningless at worst, contradicting the enforcement purpose of the accreditation scheme.","confidence":0.92,"description":"Section 43(4) imposes a mandatory prohibition on the Commonwealth funding building work without accreditation, but section 43(7) expressly states that failure to comply with that prohibition does not affect the validity of anything done by the Commonwealth in relation to the building work. The mandatory prohibition is therefore entirely unenforceable in practice — it prohibits conduct but attaches no consequence to a breach."},{"type":"self_contradicting","section":"Section 6(4) and Section 6(5)","severity":"medium","reasoning":"If rules prescribe an activity as building work under s6(4) and simultaneously (or subsequently) prescribe the same activity as not building work under s6(5), the Act provides no tiebreaker. Section 6(1) says 'subject to subsections (3), (4) and (5)' but does not give s6(5) clear priority over s6(4) in all cases. While s6(1) lists s6(5) last (suggesting it may prevail), the drafting creates genuine ambiguity about the hierarchy, particularly where a later rule under s6(4) purports to override an earlier exclusion under s6(5).","confidence":0.72,"description":"The rules may both expand and contract the definition of 'building work' using overlapping and potentially conflicting rule-making powers. Section 6(4) allows rules to include additional activities as building work, while section 6(5) allows rules to exclude any activity. There is no mechanism to resolve a conflict if rules made under both subsections apply to the same activity simultaneously."},{"type":"impossible_compliance","section":"Section 43(1) and Section 43(2)","severity":"medium","reasoning":"Section 43(2) creates a mandatory obligation ('must provide') that is contingent on the exercise of a discretionary power in s43(1). If the Minister never exercises the discretion to prescribe the scheme, s43(2) can never be complied with or breached. This creates an illusory obligation. Furthermore, the entire accreditation framework in s43(4) depends on the scheme existing, meaning the mandatory funding prohibition in s43(4) cannot operate if the discretion in s43(1) is never exercised.","confidence":0.8,"description":"Section 43(1) says the rules 'may' prescribe the WHS Accreditation Scheme, making it entirely discretionary. Section 43(2) says the rules 'must' provide for the Federal Safety Commissioner to be the accrediting authority under the scheme. If the scheme is never prescribed (because s43(1) is permissive), s43(2)'s mandatory requirement becomes both impossible to comply with and impossible to breach."},{"type":"circular_definition","section":"Section 69(3)(a)","severity":"low","reasoning":"Section 69(3)(a) requires identity cards to be in the form approved by the Federal Safety Commissioner. Section 69(2) requires the Minister to issue an identity card to the Federal Safety Commissioner. The card issued to the Federal Safety Commissioner must, by s69(3)(a), be in the form approved by the Federal Safety Commissioner. This is circular — the Commissioner approves the form of the document issued to themselves. While not operationally impossible, it is a logical absurdity and a potential governance issue (self-certification of one's own credentials).","confidence":0.78,"description":"The identity card must be in the form approved by the Federal Safety Commissioner. However, the Federal Safety Commissioner must also be issued an identity card (by the Minister under s69(2)), and the card must be in the form the Federal Safety Commissioner approves. The Federal Safety Commissioner is therefore approving the form of their own identity card."},{"type":"circular_definition","section":"Section 76(3) and Section 76(1)","severity":"low","reasoning":"The officer already believes the person has contravened a civil remedy provision (s76(1)), yet must warn the person that failure to provide their name and address 'may' contravene a civil remedy provision (s76(3)(a)). The language 'may contravene' is weaker than the officer's existing reasonable belief of an actual contravention, creating a logical inconsistency in the framing of the warning required to activate the duty to comply.","confidence":0.65,"description":"Section 76(1) allows a Federal Safety Officer to require a person to provide their name and address if the officer reasonably believes the person has contravened a civil remedy provision. Section 76(3) then conditions compliance on the officer advising the person that failing to comply 'may contravene a civil remedy provision'. This creates a circularity: the power is triggered by believing a civil remedy provision was already contravened, but compliance is conditioned on warning of a future potential contravention."},{"type":"other","section":"Section 5 — definition of 'authorised applicant'","severity":"medium","reasoning":"A definition that begins at paragraph (b) without any paragraph (a) is a clear drafting error. In analogous legislation (such as the Fair Work Act 2009), the first category of authorised applicant is typically a regulator or the relevant Commissioner. The omission means that what was likely intended to be the primary or most obvious applicant (perhaps the Federal Safety Commissioner themselves) has no explicit authorisation to apply for civil remedy orders, potentially frustrating the enforcement scheme.","confidence":0.88,"description":"The definition of 'authorised applicant' commences at paragraph (b), with no paragraph (a) present in the text. This creates a drafting gap where it is unknown what paragraph (a) was intended to provide, potentially omitting a category of authorised applicant (likely a regulator or the Commissioner)."},{"type":"retroactive_impossibility","section":"Section 120(3)","severity":"high","reasoning":"If the Act is truly a 2022 Act (as its title states), s120(3)'s 120-day window for making retrospective rules commenced from the commencement of s6(4) and (5). Those subsections commenced on 2 December 2016 per the commencement table, meaning the window closed around 1 April 2017. By the time the Act was enacted in 2022, the power under s120(3) had already expired. If instead the 2016 dates are correct, the Act's 2022 title is wrong. Either way, the provision is incoherent.","confidence":0.87,"description":"Section 120(3) permits the first rules made under s6(4) or s6(5) to take effect retrospectively from the commencement of those subsections, provided they are made within 120 days. Since s6(4) and s6(5) commenced on 2 December 2016 (per the commencement table), the 120-day window for retrospective rules expired in approximately April 2017 — years before the Act's nominal 2022 date. The retrospective rule-making power is therefore a spent provision that could never be exercised under a 2022 Act."}],"contradictions":[{"severity":"high","section_a":"Section 43(4)","section_b":"Section 43(7)","confidence":0.93,"description":"Section 43(4) creates a mandatory prohibition ('must not fund') on the Commonwealth funding building work without accreditation, while s43(7) expressly states that failure to comply with s43(4) does not affect the validity of anything done in relation to building work. The prohibition and the preservation of validity are directly contradictory."},{"severity":"high","section_a":"Section 1 (short title: 'Federal Safety Commissioner Act 2022')","section_b":"Section 2 (commencement table: Royal Assent on 1 December 2016)","confidence":0.95,"description":"The Act is titled as a 2022 Act but the commencement table records Royal Assent as occurring on 1 December 2016. An Act cannot be both a 2022 Act and have received Royal Assent in 2016. The dates are mutually exclusive."},{"severity":"low","section_a":"Section 13(1)","section_b":"Section 13(2)","confidence":0.6,"description":"Section 13(1) states the Act binds the Crown in each of its capacities (which includes the Commonwealth). Section 13(2) states nothing in the Act renders the Commonwealth liable to be prosecuted for an offence. While this is a common legislative technique, it creates a logical tension: if the Crown is bound by the Act, the Commonwealth as the Crown should be liable for offences, but s13(2) carves out that liability entirely for the Commonwealth and States and Territories."},{"severity":"high","section_a":"Section 43(1) (WHS Accreditation Scheme is discretionary — 'may prescribe')","section_b":"Section 43(4) (mandatory obligation to ensure accreditation)","confidence":0.85,"description":"Section 43(4) imposes a mandatory obligation on the Commonwealth not to fund building work unless builders are accredited persons. This obligation is contingent on the WHS Accreditation Scheme existing. But s43(1) makes prescribing the scheme discretionary. If the scheme is never prescribed, there can be no accredited persons, making compliance with s43(4) literally impossible."},{"severity":"low","section_a":"Section 87","section_b":"Section 89","confidence":0.62,"description":"Section 87 prevents a civil penalty order being made against a person who has been convicted of an offence based on the same conduct. Section 89 allows criminal proceedings to be commenced after civil proceedings regardless of whether a civil penalty order was made. Read together, criminal conviction bars civil proceedings but prior civil proceedings (even resulting in a penalty order) do not bar criminal proceedings, creating a one-way asymmetry that may interact with s91 (civil double jeopardy) in complex ways."},{"severity":"medium","section_a":"Section 70(2) (compliance purposes limited to accreditation-related matters)","section_b":"Section 38(ca) (function of auditing compliance with National Construction Code)","confidence":0.8,"description":"Section 70(2) exhaustively lists the purposes for which Federal Safety Officers may exercise compliance powers, all of which relate to accreditation. However, s38(ca) confers a function on the Federal Safety Commissioner to audit compliance with National Construction Code performance requirements — a function that is not listed in s70(2) as a compliance purpose. Federal Safety Officers therefore have no compliance powers to assist the Commissioner in exercising this function."},{"severity":"medium","section_a":"Section 6(4) (rules may expand building work definition)","section_b":"Section 6(5) (rules may contract building work definition)","confidence":0.72,"description":"Sections 6(4) and 6(5) grant the rule-maker contradictory powers over the same definition, with no statutory mechanism to resolve a conflict if rules under both subsections apply to the same activity. The Act does not make clear whether inclusion under s6(4) or exclusion under s6(5) prevails."}]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with a narrow accreditation/education measure, this version expanded the instrument into a broader regulatory‑enforcement framework. Key scope extensions include: (1) explicit, wide geographic reach beyond States to territories, EEZ and continental shelf locations and ships (s10–11); (2) strong compliance and inspection powers for Federal Safety Officers including document production, entry and record retention (ss72–79); (3) a civil remedy and pecuniary penalty regime with court orders, compensation and injunction powers (ch 8, s81); (4) broad rule‑making authority to add or exclude activities from the definition of building work and to modify territorial application (s6(4)–(5), s120); and (5) information disclosure and use rules that permit sharing with other agencies while limiting criminal admissibility (ss102, 104, 105). Collectively these features move the measure from a light accreditation/standards role into an integrated compliance, investigatory and enforcement regime with significant procurement and administrative consequences for both Commonwealth purchasers and private builders."},"complexity_factors":["Extensive interpretation/defined terms section with many cross‑references (s5 and reliance across the Act).","Delegated law and rule‑making power that determines substantive elements (WHS Accreditation Scheme, definition inclusions/exclusions, territorial modifications) (s43(1), s6(4)–(5), s120).","Multiple conditional geographic extensions and special‑regime modifications (s10, s11, including Greater Sunrise special regime area with possible different modifications under rules).","Dual enforcement regime with civil remedy provisions, court discretion, and interaction rules between civil and criminal proceedings (Ch 8: ss80–91).","Layered compliance powers for officers (entry, notices to produce, interview, sampling, retention of records) with multiple exceptions and protections (ss70–79, 102, 104, 105).","Two grade penalty system (Grade A and Grade B) with different maximums and multi‑factor penalty assessment (s5 definitions, s81(2), s81(6)).","Delegation and ministerial direction powers that create administrative complexity (ss39–41).","Special evidential rules (self‑incrimination limits, inadmissibility, evidential burdens) that affect litigation strategy (ss102, 104, 93).","Appeal and jurisdiction architecture involving Federal Court, State/Territory courts and specified appellate routes (ss113–116).","Interplay with other Commonwealth laws (e.g. Public Governance Act, Criminal Code, Fair Work Act) referenced repeatedly, increasing cross‑statutory interpretation needs."],"plain_english_summary":"**What this law does (plain terms)**\n\n- Establishes a Federal Safety Commissioner (an SES position in the Department) responsible for promoting work health and safety for certain building work and running an accreditation scheme for people who carry out that building work (see sections 37–38 and 43).\n- Creates a Work Health and Safety Accreditation Scheme (WHS Accreditation Scheme). The rules can set the scheme details and fees. The Commonwealth or a corporate Commonwealth entity must not fund building work unless contracts will be with accredited builders and steps are taken to ensure they will be accredited (s43(1)–(6)).\n- Gives the Commissioner and appointed Federal Safety Officers powers to inspect, require documents, interview persons, take samples and enter premises for compliance checks in relation to accreditation and Commonwealth-funded building work (see ss68, 70–77, 79).\n- Sets civil enforcement pathways: authorised applicants (including persons affected) can apply to courts for pecuniary penalties, compensation, injunctions and related orders for contraventions of the Act (see ss80–86 and 81 for penalties and types of orders).\n- Protects certain information from being used in criminal proceedings (self‑incrimination and inadmissibility rules), while allowing the Commissioner to disclose information where necessary for functions or enforcement (see ss102, 104, 105).\n- Extends application beyond mainland Australia where rules provide: to Christmas Island/Cocos (Keeling) Islands (s10), resources platforms and ships in the EEZ and waters above the continental shelf (s11), and allows special modifications for the Greater Sunrise special regime area (s11(3)–(5)).\n- Enables rule‑making and regulations to fill many parameters (the rules and regulations make numerous operational definitions and procedures) (s120).\n\n**Who it affects**\n\n- Builders, building contractors and building employers whose work is funded (directly or indirectly) by the Commonwealth or a corporate Commonwealth entity — they must be accredited under the WHS Accreditation Scheme to perform Commonwealth‑funded work (s43(4)–(5), (8)).\n- Commonwealth and corporate Commonwealth entities that fund building work — procurement must be structured so accredited builders perform the work (s43(4)).\n- Persons (including State employees and consultants) who may be appointed as Federal Safety Officers and the Federal Safety Commissioner (ss37, 68).\n- Suppliers and subcontractors who deliver goods directly to building sites that are part of government‑funded projects may fall within the definition of building work (s6(1)(e)).\n- Parties who must produce documents or host inspections under compliance powers (ss72–77, 79).\n\n**Why it matters (official purpose and how it operates mechanically)**\n\n- Officially: the Act’s object is to promote work health and safety for building work undertaken by constitutional corporations, the Commonwealth and corporate Commonwealth entities (s3).\n- Mechanically: it does this by (a) requiring accreditation for those carrying out Commonwealth‑funded building work (s43); (b) giving the Commissioner oversight, auditing, and compliance tools (ss38, 70–79); and (c) providing civil enforcement and penalty mechanisms that courts can apply on application (ch 8, especially s81).\n\n**Immediate practical effects and incentives**\n\n- Builders who want to win Commonwealth‑funded contracts will need to obtain and maintain accreditation under the WHS Accreditation Scheme. The rules can prescribe application procedures and fees (s43(1)–(3), s120(1)–(2)).\n- Commonwealth procurement teams must verify accreditation at funding time, so procurement practice and contract drafting will change (s43(4)).\n- The Commissioner and Federal Safety Officers can inspect business and (in limited circumstances) residential premises, require production of documents and keep certified copies admissible as evidence (ss72–79). That increases the scope for administrative compliance costs and recordkeeping.\n\n**Costs, trade‑offs and implementation risks to watch**\n\n- Compliance burden and costs fall primarily on builders (accreditation costs, application fees, administrative overhead of inspections and record production; see s43(3), ss74, 77, 79).\n- The Commonwealth indirectly bears implementation costs: administering the Commissioner’s office, paying consultants, and adjusting procurement processes (ss37, 42, 120). Where the Court orders compensation payable to private persons, appropriation arrangements are provided (s81(7)).\n- The Act uses delegated instruments heavily (rules and regulations) to define key boundaries (what counts as building work; exceptions; geographic modifications). That increases legal uncertainty until rules are made (s6(4)–(5), s120).\n- Potential for overlap or tension with State/territory WHS and building regulation. The Act contains a clause that subsection 43(4) prevails over inconsistent Commonwealth law (s43(6)) but does not directly resolve overlaps with State law — coordination will be needed.\n- Broad disclosure powers (s105) and the extension into EEZ/continental shelf areas (s11) create jurisdictional and privacy questions that will need administrative controls and inter‑jurisdictional agreements.\n\n**Who decides and what levers exist**\n\n- The Minister can issue directions to the Commissioner on general approach (not on particular cases) and make rules by legislative instrument; the Governor‑General may make regulations (ss39, 120).\n- The Commissioner decides accreditation standards, delegates functions, appoints Federal Safety Officers, and can disclose information as authorised in the Act (ss37–40, 42, 43, 105).\n\n**Concrete substitution or concentrated benefit risks**\n\n- Accredited builders stand to gain preferential access to Commonwealth‑funded work. Costs of accreditation could deter small firms from tendering unless the scheme provides scalable entry routes (s43(4)).\n- Rules may carve out exceptions or include additional activities, so the regulatory perimeter can shift materially once rules/regulations are made (s6(4)–(5), s120)."},"kimi_summary":{"_metrics":{"completionTokens":551},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of promoting work health and safety in government-funded building work. The offshore extensions (EEZ, continental shelf, Greater Sunrise) and detailed enforcement mechanisms are within the scope of a comprehensive safety regulatory scheme."},"complexity_factors":["Extensive cross-referencing to other Acts (Fair Work Act 2009, Public Governance Act 2013, Seas and Submerged Lands Act 1973, Criminal Code)","Nested conditional logic in definitions — 'building work' has 5 inclusions, 3 exclusions, plus rule-based modifications","Multiple overlapping penalty regimes: Grade A (1,000/200 units), Grade B (100/20 units), plus rule-based penalties","Geographical extension provisions with special modifications for Greater Sunrise special regime area","Civil/criminal interface rules with stay provisions, evidence exclusion, and double jeopardy protections","Delegation chains: Commissioner → Officers → assistants, with legislative instrument status varying by case","Self-incrimination protections with carve-outs for false statements and obstruction offences"],"plain_english_summary":"This Act establishes the **Federal Safety Commissioner** and **Federal Safety Officers** to promote workplace health and safety in the building industry, particularly for projects funded by the Australian Government or corporate Commonwealth entities.\n\n**What it does:**\n- Creates a **Work Health and Safety Accreditation Scheme** — builders must be accredited to win government-funded building contracts\n- Gives Federal Safety Officers **powers to enter premises**, inspect work, interview people, and demand documents\n- Establishes **civil penalties** (fines) for breaches — up to 1,000 penalty units for companies, 200 for individuals for serious offences\n- Protects people who provide information from **self-incrimination** in most criminal proceedings\n- Extends coverage to **offshore resources platforms**, ships in Australian waters, and the **Greater Sunrise gas field**\n\n**Who it affects:**\n- Building contractors and builders seeking government work\n- Companies doing construction, alteration, or demolition work\n- Employees and employers in the building sector\n- Commonwealth government agencies funding building projects\n\n**Key features:**\n- The Commissioner is a senior public servant (SES level) who can delegate powers to officers\n- Officers must carry identity cards and show them before entering premises\n- The Act includes **double jeopardy protections** — you can't be fined twice for the same conduct\n- Information gathered can be shared with other enforcement agencies\n\n**Why it matters:**\nIt ensures government-funded building projects meet safety standards and gives regulators real teeth to investigate and penalise unsafe practices."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/federal-safety-commissioner-act-2022","history":"/api/acts/federal-safety-commissioner-act-2022/history","analysis":"/api/acts/federal-safety-commissioner-act-2022/analysis","conflicts":"/api/acts/federal-safety-commissioner-act-2022/conflicts","importantCases":"/api/acts/federal-safety-commissioner-act-2022/important-cases","documents":"/api/acts/federal-safety-commissioner-act-2022/documents"}}