{"id":"C1969A00092","name":"Public Works Committee Act 1969","slug":"public-works-committee-act-1969","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"92 of 1969","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2180,"registerId":"C2017C00098","compilationNumber":"13","startDate":"2017-03-22","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (items 27-29) of the [Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations) Act 2017](/C2017A00013)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations) Act 2017","year":2017,"number":13,"titleId":"C2017A00013","provisions":"sch 1 (items 27-29)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2017-03-22T10:56:49.147Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Works Committee Act 1969","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Public Works Committee Act 1969\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nPublic Works Committee Act 1969\n\nNo. 92, 1969\n\nCompilation No. 13\n\nCompilation date:   22 March 2017\n\nIncludes amendments up to: Act No. 13, 2017\n\nRegistered:    22 March 2017\n\n \n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Public Works Committee Act 1969 that shows the text of the law as amended and in force on 22 March 2017 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n \n\n \n\n \n\nContents\n\nPart I—Preliminary\n\n1 Short title\n\n2 Commencement\n\n5 Interpretation\n\n5AA Meaning of public work\n\n5A Application of the Criminal Code\n\n6 Extension to Territories\n\n6A Bodies to which Act applies\n\nPart II—Parliamentary Standing Committee on Public Works\n\n7 Parliamentary Standing Committee on Public Works\n\n8 Declaration to be subscribed by members\n\n9 Chair and Deputy Chair\n\n10 Sectional Committees\n\n11 Reference of matters to Sectional Committees\n\n12 Meetings of the Committee\n\n13 Quorum\n\n14 Voting\n\n15 Minutes\n\n16 Annual report\n\nPart III—Reports on Public Works\n\n17 Functions of the Committee\n\n18 Reference of public works to the Committee\n\n18A Inquiries by Committee\n\n18B Consideration of overseas public works\n\n19 Review of reports\n\n20 Power to take evidence\n\n21 Power to summon witnesses\n\n22 Warrant for apprehension of witness\n\n23 Evidence to be given in public except in certain cases\n\n24 Continuance of evidence\n\n25 Privileges of witnesses\n\n26 Assessors\n\n27 Power to enter on land etc.\n\n28 Failure of witness to attend\n\n29 Preventing witnesses from giving evidence\n\n30 Refusal to be sworn etc.\n\n31 False evidence\n\n32 Protection of witnesses\n\n33 Prosecution of offences\n\nPart IV—Miscellaneous\n\n35 Allowances\n\n36 Limitation of annual expenditure\n\n37 Application of Parliamentary Papers Act\n\n38 Evidence given before former Committee\n\n40 Regulations\n\nThe Schedule—Public Works Committee Act 1969\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n \n\nAn Act relating to the Parliamentary Standing Committee on Public Works\n\nPart I—Preliminary\n\n1  Short title\n\n  This Act may be cited as the Public Works Committee Act 1969.\n\n2  Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n5  Interpretation\n\n  In this Act, unless the contrary intention appears:\n\nassessor means a person appointed under section 26.\n\nauthority of the Commonwealth means:\n\n (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment;\n\n (b) a body established by the Governor‑General or a Minister otherwise than in accordance with an enactment; or\n\n (c) an incorporated company over which the Commonwealth is in a position to exercise control;\n\nbut does not include an inter‑governmental body or a body established by or under an enactment within the meaning of section 3 of the Australian Capital Territory (Self‑Government) Act 1988.\n\nauthority of the Commonwealth to which this Act applies means an authority of the Commonwealth that, under section 6A, is an authority of the Commonwealth to which this Act applies.\n\nbuilding includes part of a building.\n\nChair means the Chair of the Committee.\n\ncommence, in relation to a public work, includes enter into a contract for the carrying out of the whole or a part of the work, and commencement has a corresponding meaning.\n\ncourt of summary jurisdiction includes a court of a Territory sitting as a court for the making of summary orders or the summary punishment of offences under the law of the Territory.\n\nenactment means:\n\n (a) an Act;\n\n (b) an Ordinance of the Australian Capital Territory; or\n\n (c) an instrument (including rules, regulations or by‑laws) made under an Act or under such an Ordinance.\n\nengineering work includes part of an engineering work.\n\ninter‑governmental body means a body corporate or an unincorporated body established by, or in accordance with the provisions of, an agreement between the Commonwealth and a State or States or between the Commonwealth and the Government of another country or the Governments of other countries.\n\nmember means a member of the Committee.\n\nmovable property includes aircraft, satellites, ships and vehicles.\n\nParliamentary zone has the same meaning as in the Parliament Act 1974.\n\npublic work has the meaning given by section 5AA.\n\nState includes the Australian Capital Territory and the Northern Territory.\n\nstructure includes part of a structure.\n\nthe Committee means the Parliamentary Standing Committee on Public Works for the time being constituted in accordance with this Act.\n\nwork means an architectural or engineering work, and includes:\n\n (a) the construction, alteration, repair, refurbishment or fitting out of buildings and other structures;\n\n (b) the installation, alteration or repair of plant and equipment designed to be used in, or in relation to, the provision of services for buildings and other structures;\n\n (c) the undertaking, construction, alteration or repair of landscaping and earthworks (whether or not in relation to buildings and other structures);\n\n (d) the demolition, destruction, dismantling or removal of:\n\n (i) buildings and other structures;\n\n (ii) plant and equipment falling within paragraph (b); and\n\n (iii) earthworks;\n\n (e) the clearing of land and the development of land for use as urban land or otherwise; and\n\n (f) any other matter declared by the regulations to be a work;\n\nbut does not include:\n\n (g) the production of, or anything done in relation to, intangible things;\n\n (h) the production of, or anything done in relation to, movable property unless the work is, under the regulations, a movable work to which this Act applies;\n\n (j) the installation, alteration or repair of plant or equipment where the plant or equipment:\n\n (i) is not designed to be used in, or in relation to, the provision of services for a building or other structure; and\n\n (ii) is not necessary or desirable to make a building or structure a complete building or structure; and\n\n (k) any other matter declared by the regulations not to be a work.\n\n5AA  Meaning of public work\n\n (1) A public work means:\n\n (a) a work to which subsection (2), (3) or (5) applies; or\n\n (b) a work declared by the regulations to be a public work.\n\nHowever, a public work does not include:\n\n (c) a work that is proposed to be carried out within the Parliamentary zone; or\n\n (d) a work that is proposed to be carried out by or for the Commonwealth by way of assistance to an overseas country; or\n\n (e) a work declared by the regulations not to be a public work.\n\n (2) This subsection applies to a work:\n\n (a) that is proposed to be carried out by or for the Commonwealth, either within or outside Australia; and\n\n (b) either:\n\n (i) in respect of the carrying out of which moneys appropriated by the Parliament are proposed to be expended by the Commonwealth; or\n\n (ii) in relation to which moneys appropriated by the Parliament are proposed to be expended by the Commonwealth.\n\n (3) This subsection applies to a work:\n\n (a) that is proposed to be carried out, either within or outside Australia, by or for an authority of the Commonwealth to which this Act applies; and\n\n (b) either:\n\n (i) in respect of the carrying out of which moneys appropriated by the Parliament, or moneys of the authority, are proposed to be expended by the authority; or\n\n (ii) in relation to which moneys appropriated by the Parliament are proposed to be expended by the Commonwealth or the authority.\n\n (4) For the purposes of subsections (2) and (3), it does not matter whether or not the work concerned is a work of which the Commonwealth, or an authority of the Commonwealth to which this Act applies, is proposed to become the owner.\n\n (5) This subsection applies to a work:\n\n (a) that is proposed to be carried out, either within or outside Australia, otherwise than by or for the Commonwealth or an authority of the Commonwealth to which this Act applies; and\n\n (b) of which the Commonwealth, or an authority of the Commonwealth to which this Act applies, is proposed to become the owner; and\n\n (c) in relation to which moneys appropriated by the Parliament are proposed to be expended by the Commonwealth or an authority of the Commonwealth.\n\n5A  Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\nNote: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n6  Extension to Territories\n\n (1) This Act extends to every Territory not forming part of Australia.\n\n (2) This Act does not extend to a work if:\n\n (aa) a work:\n\n (i) that is proposed to be carried out by or for the Australian Capital Territory; and\n\n (ii) in respect of the carrying out of which moneys of that Territory are proposed to be expended by that Territory; or\n\n (a) the work is proposed to be carried out by or for the Northern Territory; and\n\n (b) money of the Northern Territory is proposed to be expended by that Territory in carrying out the work.\n\n6A  Bodies to which Act applies\n\n (1) Subject to subsection (2), this Act applies to every authority of the Commonwealth.\n\n (2) This Act does not apply to:\n\n (a) an authority of the Commonwealth in respect of which a declaration referred to in subsection (3) is in force; or\n\n (b) the Parliament House Construction Authority; or\n\n (c) an authority of the Commonwealth established for the purpose of providing, or for purposes which include the purpose of providing, tertiary education in the Australian Capital Territory.\n\n (3) Where the Governor‑General is satisfied that an authority of the Commonwealth is engaging in trading or other activities, or is providing services, in competition with another body or other bodies, or with persons, the Governor‑General may make regulations declaring that this Act does not apply to that authority.\n\nPart II—Parliamentary Standing Committee on Public Works\n\n7  Parliamentary Standing Committee on Public Works\n\n (1) As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Parliamentary Standing Committee on Public Works, shall be appointed.\n\n (3) The Committee shall consist of nine members, namely:\n\n (a) three members of the Senate appointed by the Senate; and\n\n (b) six members of the House of Representatives appointed by that House.\n\n (4) The appointment of members by a House of the Parliament shall be in accordance with the practice of that House with respect to the appointment of members of that House to serve on joint select committees of both Houses of the Parliament.\n\n (5) A member of the Parliament is not eligible for appointment as a member of the Committee if he or she is:\n\n (a) a Minister;\n\n (b) the President of the Senate;\n\n (c) the Speaker of the House of Representatives; or\n\n (d) the Chair of Committees of the Senate or the Deputy Speaker of the House of Representatives.\n\n (6) A member holds office during the pleasure of the House of the Parliament by which he or she was appointed.\n\n (7) A member ceases to hold office:\n\n (a) when the House of Representatives expires by effluxion of time or is dissolved;\n\n (b) if he or she becomes the holder of an office specified in any of the paragraphs of subsection (5);\n\n (c) if he or she ceases to be a member of the House of the Parliament by which he or she was appointed; or\n\n (d) if he or she resigns his or her office as provided by either of the next two succeeding subsections.\n\n (8) A member appointed by the Senate may resign his or her office by writing under his or her hand addressed to the President of the Senate.\n\n (9) A member appointed by the House of Representatives may resign his or her office by writing under his or her hand addressed to the Speaker of that House.\n\n (10) Either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the Committee appointed by that House.\n\n (11) Notice of the appointment of a member, and of a member ceasing to hold office otherwise than upon the expiry or dissolution of the House of Representatives, shall be published in the Gazette.\n\n (12) The exercise of a power or the performance of a function by the Committee, the Chair or a member is not invalidated by reason only of there being a vacancy or vacancies in the membership of the Committee.\n\n8  Declaration to be subscribed by members\n\n  A member shall, before proceeding to discharge the duties of his or her office, make and subscribe a declaration of office in accordance with the form in the Schedule:\n\n (a) in the case of a member appointed by the Senate—before the President of the Senate or a person appointed by the President of the Senate to be a person before whom such a declaration may be made and subscribed; and\n\n (b) in the case of a member appointed by the House of Representatives—before the Speaker of that House or a person appointed by the Speaker of that House to be a person before whom such a declaration may be made and subscribed.\n\n9  Chair and Deputy Chair\n\n (1) There shall be a Chair and a Deputy Chair of the Committee, who shall be elected by the members.\n\n (2) The Chair and Deputy Chair hold office during the pleasure of the Committee.\n\n (3) The Chair or Deputy Chair ceases to hold office if:\n\n (a) he or she ceases to be a member; or\n\n (b) he or she resigns his or her office as provided by the next succeeding subsection.\n\n (4) The Chair or Deputy Chair may resign that office by writing under his or her hand presented to a meeting of the Committee.\n\n (5) Subject to this section, the Chair or, in his or her absence, the Deputy Chair shall preside at all meetings of the Committee.\n\n (6) Where:\n\n (a) the Chair is absent from Australia or is, for any reason, unable to exercise his or her powers under this Act; and\n\n (b) the Deputy Chair is absent from Australia or is, for any reason, unable to exercise the powers of the Chair under this Act;\n\nthe members present at a meeting of the Committee may appoint one of their number to be temporary chair of the Committee.\n\n (7) While the appointment of a temporary chair remains in force, he or she shall preside at all meetings of the Committee at which he or she is present.\n\n (8) The appointment of a temporary chair remains in force until:\n\n (a) he or she resigns the appointment by writing under his or her hand presented to a meeting of the Committee;\n\n (b) he or she ceases to be a member;\n\n (c) the absence or inability of the Chair or Deputy Chair ceases; or\n\n (d) the appointment is revoked by the Committee;\n\nwhichever first happens.\n\n (9) The Deputy Chair and a temporary chair may each exercise any of the powers of the Chair under this Act.\n\n (10) If the Chair, the Deputy Chair and (if the appointment of a temporary chair is in force), the temporary chair, are absent from a meeting of the Committee, the members present may appoint one of their number to preside at the meeting. The member so appointed may exercise, in relation to that meeting, and in relation to any matter arising out of that meeting, any of the powers of the Chair under this Act.\n\n (11) For the purpose of the exercise of the powers of the Chair under this Act, a reference in this Act to the Chair includes a reference to the Deputy Chair, to a temporary chair and to a member appointed under subsection (10).\n\n10  Sectional Committees\n\n (1) The Committee may appoint three or more members to be a Sectional Committee and may appoint a member to fill a vacancy amongst the members of a Sectional Committee.\n\n (2) A member of a Sectional Committee:\n\n (a) holds office during the pleasure of the Committee;\n\n (b) ceases to hold office if he or she ceases to be a member of the Committee; and\n\n (c) may resign that office by writing under his or her hand addressed to the Chair of the Committee.\n\n (3) There shall be a Chair and a Deputy Chair of each Sectional Committee, who shall be elected by the members of the Sectional Committee.\n\n (4) The Chair or Deputy Chair of a Sectional Committee:\n\n (a) holds office during the pleasure of the Sectional Committee;\n\n (b) ceases to hold office if he or she ceases to be a member of the Sectional Committee; and\n\n (c) may resign his or her office by writing under his or her hand presented at a meeting of the Sectional Committee.\n\n (5) The Chair or, in his or her absence, the Deputy Chair, of a Sectional Committee shall preside at all meetings of the Sectional Committee.\n\n (6) There shall not be more than two Sectional Committees at the one time.\n\n (7) A Sectional Committee or Sectional Committees may sit when the Committee is sitting.\n\n (8) At a meeting of a Sectional Committee, a majority of the members of the Sectional Committee form a quorum.\n\n (9) The exercise of a power by a Sectional Committee, the Chair of a Sectional Committee or a member of a Sectional Committee is not invalidated by reason only of there being a vacancy or vacancies in the membership of the Sectional Committee.\n\n11  Reference of matters to Sectional Committees\n\n (1) The Committee may refer to a Sectional Committee appointed under the last preceding section, for inquiry and report to the Committee, a matter connected with a public work that has been referred to the Committee under this Act.\n\n (2) For the purposes of the last preceding subsection, this Act (other than sections 7, 8, 9 and 10, this section, subsections (2) and (3) of the next succeeding section and sections 13, 16, 17, 18, 19, 24, 35, 38 and 39) applies in relation to a Sectional Committee in like manner as it applies in relation to the Committee and, for the purposes of this Act as so applying, a reference to the Chair is to be read as a reference to the Chair, or to the Deputy Chair, of the Sectional Committee.\n\n (3) The report of a Sectional Committee upon a matter referred to it under this section, together with the record of all evidence given before, and all documents and parts of documents produced in evidence to, the Sectional Committee shall be presented to the Committee by the Chair, or by the Deputy Chair, of the Sectional Committee.\n\n12  Meetings of the Committee\n\n (1) The Committee may meet at such times and at such places within Australia or within an external Territory as the Committee, by resolution, determines or, subject to any resolution of the Committee, as the Chair determines, but shall not meet at any place outside Australia and the external Territories.\n\n (2) Five members may make a request in writing signed by them to the Chair to convene a meeting of the Committee for a specified purpose.\n\n (3) Upon receiving a request under the last preceding subsection, the Chair shall:\n\n (a) determine a time and place for the holding of the meeting, being a time on a day not later than fourteen days after the day on which he or she received the request; and\n\n (b) by such means as he or she thinks fit, inform each member of the time, date and place of the meeting and of the purpose of the meeting.\n\n (4) The Committee may meet and transact business notwithstanding any prorogation of the Parliament.\n\n (5) The Committee shall not meet or transact business on a sitting day of either House of the Parliament during the time of the sitting, except by leave of that House.\n\n13  Quorum\n\n  At a meeting of the Committee, five members form a quorum.\n\n14  Voting\n\n (1) A question arising at a meeting of the Committee shall be determined by a majority of the votes of the members present and voting.\n\n (2) The member presiding at a meeting of the Committee has a deliberative vote and, in the event of an equality of votes, a casting vote.\n\n (3) Where the members present at a meeting of the Committee do not vote unanimously on a question, there shall, if a member so requires, be recorded in the minutes and in the Committee’s report:\n\n (a) the names of the members who voted and the manner in which each such member voted;\n\n (b) the names of the members who abstained from voting and the fact that they abstained from voting; and\n\n (c) if the question was determined by the casting vote of the member presiding—the name of the member presiding and the fact that the question was so determined.\n\n15  Minutes\n\n  The Committee shall keep full minutes of its proceedings.\n\n16  Annual report\n\n  The Committee shall cause to be laid before each House of the Parliament, within fifteen sitting days of that House after each 31 December, a report of its proceedings, if any, during the year ended on that 31 December.\n\nPart III—Reports on Public Works\n\n17  Functions of the Committee\n\n (1) The Committee shall, as expeditiously as is practicable:\n\n (a) consider each public work that is referred to it in accordance with this Act; and\n\n (b) make a report to both Houses of the Parliament concerning the expedience of carrying out the work and concerning any other matters related to the work in respect of which the Committee thinks it desirable that the views of the Committee should be reported to those Houses;\n\nand, for those purposes, shall do such things and make such inquiries as it thinks necessary.\n\n (2) The Committee may, in its report on a public work, recommend any alterations to the proposals for the work that, in its opinion, are necessary or desirable to ensure that the most effective use is made of the moneys to be expended on the work.\n\n (3) In considering and reporting on a public work, the Committee shall have regard to:\n\n (a) the stated purpose of the work and its suitability for that purpose;\n\n (b) the necessity for, or the advisability of, carrying out the work;\n\n (c) the most effective use that can be made, in the carrying out of the work, of the moneys to be expended on the work;\n\n (d) where the work purports to be of a revenue‑producing character, the amount of revenue that it may reasonably be expected to produce; and\n\n (e) the present and prospective public value of the work.\n\n (4) In considering and reporting on a public work proposed to be carried out by an authority of the Commonwealth, the Committee shall have regard to the functions, powers and duties of the authority and to the powers conferred on a Minister in relation to the activities of the authority concerned.\n\n18  Reference of public works to the Committee\n\n (1) A motion may be moved in either House of the Parliament that a public work be referred to the Committee for consideration and report.\n\n (2) A motion under the last preceding subsection may relate to a public work that has been referred to the Committee as constituted during a previous Parliament.\n\n (3) Upon the moving of the motion, the Minister shall furnish to the House in which the motion is moved:\n\n (a) a statement in relation to the public work (including the purpose of the work); and\n\n (b) such plans, specifications and other particulars as the Minister thinks necessary.\n\n (4) The Governor‑General may, at any time when the Parliament is not in session or the House of Representatives is adjourned for a period exceeding one month or for an indefinite period, being a time when the Committee is in existence, refer a public work to the Committee for consideration and report.\n\n (5) A public work that has been referred to the Committee in accordance with this section shall not be commenced before a report of the Committee concerning the work has been presented to both Houses of the Parliament.\n\n (6) If, after a report of the Committee concerning a public work has been presented to both Houses of the Parliament and before the work has been commenced, each House resolves that, for reasons or purposes stated in the resolution, the work be again referred to the Committee for consideration and report, the Committee shall further consider the work and the work shall not be commenced before a further report of the Committee concerning the work has been presented to both Houses.\n\n (7) A public work that has been referred to the Committee shall not be commenced unless, after the report of the Committee (or, if there has been a further reference of the work under the last preceding subsection, the report of the Committee on the further reference) has been presented to both Houses of the Parliament, the House of Representatives has resolved that it is expedient to carry out the work.\n\n (8) A public work the estimated cost of which exceeds the threshold amount shall not be commenced unless:\n\n (a) the work has been referred to the Committee in accordance with this section;\n\n (b) the House of Representatives has resolved that, by reason of the urgent nature of the work, it is expedient that it be carried out without having been referred to the Committee;\n\n (c) the Governor‑General has, by order, declared that the work is for defence purposes and that the reference of the work to the Committee would be contrary to the public interest; or\n\n (d) the work is a work that has been declared, by a notice under subsection (8A), to be a repetitive work for the purposes of this subsection.\n\n (8A) The Minister may, by notice published in the Gazette, declare a work to be a repetitive work for the purposes of subsection (8) if:\n\n (a) he or she is satisfied that the work is substantially similar to other works that have been carried out, are being carried out or are likely to be carried out from time to time by or for the Commonwealth, or by or for an authority of the Commonwealth to which this Act applies; and\n\n (b) the Committee has agreed to the work being so declared.\n\n (9) In this section:\n\nestimated cost, in relation to a public work, means an estimate of cost made when all particulars of the work substantially affecting its cost have been determined.\n\nthreshold amount means:\n\n (a) $15,000,000; or\n\n (b) if another amount is specified in the regulations for the purposes of this definition—that other amount.\n\n18A  Inquiries by Committee\n\n (1) Subject to this section, where a public work is referred to the Committee for consideration and report, the Committee may direct that the inquiry by the Committee into the work shall take place in public or in private.\n\n (2) Where the Committee directs that an inquiry by the Committee into a public work take place in private, the Committee may give directions as to the persons who may be present at the inquiry.\n\n (3) Where a public work by way of the provision of services on land for the purpose of developing the land for use as urban land is referred to the Committee, the Committee may decide to consider and report on the work without holding any inquiry into the work.\n\n18B  Consideration of overseas public works\n\n  Where a public work that is to be carried out outside Australia and the external Territories is referred to the Committee:\n\n (a) the Committee shall consider the work on the basis of plans, models and statements placed before it and of the evidence (if any) taken by it;\n\n (b) the Committee is not entitled to require or request the attendance before it of any person who is outside Australia; and\n\n (c) the Committee may receive statements, in writing, relevant to its consideration of the work, from any person who is in or outside Australia, and may take evidence from any person who is in Australia.\n\n19  Review of reports\n\n (1) Where the Committee has made a report concerning a public work, the Committee (including the Committee as constituted at any subsequent time, whether during the same or another Parliament) may, if it resolves, before the work is commenced, that the report be reviewed, review the report and make a further report in accordance with section 17 to both Houses of the Parliament concerning the work.\n\n (2) Without prejudice to the operation of subsection (7) of section 18, if the Chair notifies the Minister in writing that the Committee has resolved, in accordance with this section, that a report concerning a public work be reviewed, the work shall not be commenced unless:\n\n (a) the Committee has resolved that it does not desire the commencement of the work to be deferred;\n\n (b) a further report has been made by the Committee concerning the work;\n\n (c) the House of Representatives has resolved that it is expedient that the work be commenced without awaiting the further report; or\n\n (d) the further report has not been made before the House of Representatives expires by effluxion of time or is dissolved.\n\n20  Power to take evidence\n\n (1) The Committee may take evidence on oath or affirmation and the Chair may administer an oath or affirmation to a witness appearing before the Committee.\n\n (2) An oath or affirmation administered to a witness may be in accordance with the prescribed form.\n\n21  Power to summon witnesses\n\n (1) The Chair or a member authorized by the Committee by resolution may summon a person to appear before the Committee to give evidence and to produce such documents (if any) as are referred to in the summons.\n\n (2) The summons may be in accordance with the prescribed form.\n\n (3) The summons may be served upon the person to whom it is addressed either personally or by being left at, or sent by post to, his or her usual place of business or of abode.\n\n22  Warrant for apprehension of witness\n\n (1) Where:\n\n (a) a summons under the last preceding section has been served upon a person;\n\n (b) a reasonable amount for the costs of his or her conveyance has been tendered to that person; and\n\n (c) that person fails to appear or, if he or she has appeared, fails, unless excused or released by a member from continuing in attendance, to continue in attendance as directed by the Committee or the Chair;\n\nthe Chair or a member authorized by the Committee may issue a warrant for his or her apprehension.\n\n (2) The warrant may be in accordance with the prescribed form.\n\n (3) The person executing the warrant may:\n\n (a) apprehend the person in respect of whom it is issued;\n\n (b) bring that person before the Committee; and\n\n (c) detain that person in custody until he or she is released by order of the Chair or a member.\n\n (4) The warrant may be executed by the person to whom it is addressed or by a person appointed by him or her to assist in its execution and the person executing the warrant may break and enter a building, place, vehicle or vessel for the purpose of executing the warrant.\n\n23  Evidence to be given in public except in certain cases\n\n (1) Subject to this section, where the Committee directs that the inquiry by the Committee into a public work shall take place in public, any evidence taken by the Committee for the purpose of the inquiry shall be taken in public.\n\n (2) Where, in the opinion of the Committee, any evidence proposed to be given before, or the whole or a part of a document produced or proposed to be produced in evidence to, the Committee relates to a secret or confidential matter, the Committee may, and at the request of the witness giving the evidence or producing the document shall:\n\n (a) take the evidence in private; or\n\n (b) direct that the document, or the part of the document, be treated as confidential.\n\n (3) Where a direction under the last preceding subsection is applicable in respect of a document, or a part of a document, produced in evidence to the Committee, the contents of that document or part shall, for the purposes of this section and of section 37, be deemed to be evidence given by the person producing the document and taken by the Committee in private.\n\n (4) Where, at the request of a witness, evidence is taken by the Committee in private:\n\n (a) the Committee shall not, without the consent in writing of the witness; and\n\n (b) a person (including a member) shall not, without the consent in writing of the witness and the authority of the Committee under subsection (6);\n\ndisclose or publish the whole or a part of that evidence.\n\n (5) Where evidence is taken by the Committee in private otherwise than at the request of a witness, a person (including a member) shall not, without the authority of the Committee under the next succeeding subsection, disclose or publish the whole or a part of that evidence.\n\n (6) The Committee may, in its discretion, disclose or publish or, by writing under the hand of the Chair, authorize the disclosure or publication of, evidence taken in private before the Committee, but this subsection does not operate so as to affect the necessity for the consent of a witness under subsection (4).\n\n (7) Nothing in this section prohibits:\n\n (a) the disclosure of evidence by a Sectional Committee to the Committee;\n\n (b) the disclosure or publication of evidence that has already been lawfully published; or\n\n (c) the disclosure or publication by a person of a matter of which he or she has become aware otherwise than by reason, directly or indirectly, of the giving of evidence before the Committee.\n\nPenalty: Imprisonment for 12 months or 4 penalty units.\n\n24  Continuance of evidence\n\n  Where the Committee as constituted at any time, or a Sectional Committee as constituted at any time, has taken evidence in relation to a matter but the Committee as so constituted has ceased to exist before reporting on the matter, the Committee as constituted at any subsequent time, whether during the same or another Parliament, may consider that evidence as if it had taken that evidence.\n\n25  Privileges of witnesses\n\n  A person summoned to appear or appearing before the Committee as a witness has the same protection and privileges, and is, in addition to the penalties provided by this Act, subject to the same liabilities in any civil or criminal proceeding, as a witness in proceedings in the High Court.\n\n26  Assessors\n\n (1) The Committee may appoint a person to be an assessor to assist it in relation to an inquiry under this Act.\n\n (2) A person is not qualified for appointment as an assessor unless he or she possesses engineering or other technical knowledge or, in relation to the matter the subject of the inquiry, special local knowledge or experience.\n\n27  Power to enter on land etc.\n\n  For the purposes of this Act, a member or other person acting on behalf of the Committee may, with the authority of the Committee, upon notice given by him or her or the Committee in accordance with the regulations to the occupier of any land, building or place in Australia or an external Territory:\n\n (a) enter and inspect the land, building or place; and\n\n (b) inspect any material on the land or on or in the building or place.\n\n28  Failure of witness to attend\n\n (1) A person upon whom a summons under section 21 has been served shall not:\n\n (a) fail to appear; or\n\n (b) fail, unless excused or released by a member from continuing in attendance, to continue in attendance;\n\nas required by the summons.\n\nPenalty: Imprisonment for 12 months or 4 penalty units.\n\n (2) Paragraph (1)(a) or (b) does not apply if the person proves that he or she has a reasonable excuse.\n\nNote: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 of the Criminal Code).\n\n29  Preventing witnesses from giving evidence\n\n  A person shall not dissuade or prevent a person from obeying a summons under section 21.\n\nPenalty: Imprisonment for 12 months or 4 penalty units.\n\n30  Refusal to be sworn etc.\n\n (1) A person upon whom a summons under section 21 has been served shall not refuse or fail:\n\n (a) to be sworn or to make an affirmation;\n\n (b) to answer a question put to him or her by the Chair or a member; or\n\n (c) to produce a document that he or she was, by the summons, required to produce.\n\nPenalty: Imprisonment for 12 months or 4 penalty units.\n\n (2) Paragraph (1)(a), (b) or (c) does not apply if the person proves that he or she has a reasonable excuse.\n\nNote: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 of the Criminal Code).\n\n31  False evidence\n\n  A person shall not give false evidence on oath or affirmation before the Committee.\n\nPenalty: Imprisonment for five years.\n\n32  Protection of witnesses\n\n  A person shall not:\n\n (a) use violence to or inflict injury on;\n\n (b) cause violence, damage, loss or disadvantage to; or\n\n (c) cause the punishment of;\n\na person for or on account of his or her having appeared, or being about to appear, as a witness before the Committee or for or on account of any evidence lawfully given by him or her before the Committee.\n\nPenalty: Imprisonment for 12 months or 4 penalty units.\n\n33  Prosecution of offences\n\n (1) An offence against this Act may be prosecuted summarily or upon indictment, but an offender is not liable to be punished more than once in respect of the same offence.\n\n (2) Subject to the next succeeding subsection, where proceedings in respect of an offence against this Act are brought in a court of summary jurisdiction, the court may commit the defendant for trial or determine the proceedings.\n\n (3) Where proceedings in respect of an offence against section 31 are brought in a court of summary jurisdiction, the court shall not determine the proceedings except with the consent of the defendant and, where the court determines the proceedings, it shall not impose a penalty exceeding imprisonment for a period of one year.\n\nPart IV—Miscellaneous\n\n35  Allowances\n\n (1) The Chair and other members shall be paid such allowances as are prescribed.\n\n (2) The allowances are payable, upon the certificate of the Chair, out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n36  Limitation of annual expenditure\n\n  The total amount paid out of the Consolidated Revenue Fund in respect of allowances payable under the last preceding section shall not exceed Thirty thousand dollars in any financial year.\n\n37  Application of Parliamentary Papers Act\n\n (1) Section 23 has effect notwithstanding section 2 of the Parliamentary Papers Act 1908‑1963.\n\n (2) Where evidence taken by the Committee in private is disclosed or published in accordance with section 23, section 4 of the Parliamentary Papers Act 1908‑1963 applies to and in relation to the disclosure or publication as if it were a publication of that evidence under an authority given in pursuance of section 2 of that Act.\n\n38  Evidence given before former Committee\n\n  For the purposes of this Act and of the Parliamentary Papers Act 1908‑1963, evidence taken by the Parliamentary Standing Committee on Public Works as constituted at any time under the Commonwealth Public Works Committee Act 1913 or under that Act as amended and in force at any time, or by a Sectional Committee of that Committee within the meaning of that Act, shall be deemed to be evidence taken by the Committee under this Act and, if it was taken in private at the request of the witness giving it, to have been taken under this Act in private at the request of that witness.\n\n40  Regulations\n\n (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act and in particular providing for the payment of fees and expenses to assessors and to witnesses appearing before the Committee.\n\n (2) Before making regulations for the purposes of:\n\n (a) paragraph (f) or (k) of the definition of work in subsection 5(1); and\n\n (b) paragraph 5AA(1)(b) or (e);\n\nthe Governor‑General shall take into consideration any relevant recommendation made to the Minister by the Committee.\n\nThe Schedule—Public Works Committee Act 1969\n\nSection 8\n\nDECLARATION BY MEMBER\n\nI, A.B., do solemnly and sincerely promise and declare that, according to the best of my skill and ability, I will faithfully, impartially and truly execute the office and perform the duties of a member of the Parliamentary Standing Committee on Public Works.\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n \n\nEndnote 2—Abbreviation key\n\n \n\n| ad = added or inserted | o = order(s) |\n| --- | --- |\n| am = amended | Ord = Ordinance |\n| amdt = amendment | orig = original |\n| c = clause(s) | par = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| Ch = Chapter(s) | pres = present |\n| def = definition(s) | prev = previous |\n| Dict = Dictionary | (prev…) = previously |\n| disallowed = disallowed by Parliament | Pt = Part(s) |\n| Div = Division(s) | r = regulation(s)/rule(s) |\n| ed = editorial change | reloc = relocated |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered |\n| effect | rep = repealed |\n| F = Federal Register of Legislation | rs = repealed and substituted |\n| gaz = gazette | s = section(s)/subsection(s) |\n| LA = Legislation Act 2003 | Sch = Schedule(s) |\n| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |\n| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |\n| effect | SR = Statutory Rules |\n| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |\n| cannot be given effect | SubPt = Subpart(s) |\n| mod = modified/modification | underlining = whole or part not |\n| No. = Number(s) | commenced or to be commenced |\n\n\n \n\nEndnote 3—Legislation history\n\n \n\n| Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- | --- |\n| Public Works Committee Act 1969 | 92, 1969 | 27 Sept 1969 | 24 Nov 1969 (s 2 and gaz 1969, p 7065) |  |\n| Public Works Committee Act 1972 | 57, 1972 | 9 June 1972 | 9 June 1972 (s 2) | — |\n| Public Works Committee Act 1973 | 140, 1973 | 15 Nov 1973 | 15 Nov 1973 (s 2) | — |\n| Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | s 9(1), 10 and Sch 1: 31 Dec 1973 (s 2) | s 9(1), 10 |\n| Public Works Committee Act 1974 | 48, 1974 | 21 Aug 1974 | 21 Aug 1974 (s 2) | — |\n| Public Works Committee Amendment Act 1981 | 20, 1981 | 9 Apr 1981 | 9 Apr 1981 (s 2) | s 13 |\n| Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 | 80, 1982 | 22 Sept 1982 | s 233–236: 20 Oct 1982 (s 2(16)) | — |\n| Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 | 39, 1983 | 20 June 1983 | Sch 1: 18 July 1983 (s 2(1)) | — |\n| Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 | 65, 1985 | 5 June 1985 | Sch 1: 3 July 1985 (s 2(1)) | — |\n| Australian Capital Territory (Planning and Land Management) Act 1988 | 108, 1988 | 6 Dec 1988 | Sch: 31 Jan 1989 (s 2(3) and gaz 1989, No S39) | — |\n| Administrative Services Legislation Amendment Act 1989 | 5, 1989 | 13 Mar 1989 | s 4(d): 31 Jan 1989 (s 2(2))  s 3, 4(a)‑(c), (e)‑(g), 5, 6: 13 Mar 1989 (s 2(1)) | — |\n| Qantas Sale Act 1992 | 196, 1992 | 21 Dec 1992 | Sch (Part 1): 10 Mar 1993 (s 2(2), (3)(a) and gaz 1993, No GN17)  Sch (Part 5): 30 Aug 1995 (s 2(2), (3)(c) and gaz 1995, No S324). | — |\n| as amended by |  |  |  |  |\n| Qantas Sale Amendment Act 1993 | 60, 1993 | 3 Nov 1993 | 10 Mar 1993 (s 2) | — |\n| Qantas Sale Amendment Act 1994 | 168, 1994 | 16 Dec 1994 | s 3 (item 17): 16 Dec 1994 (s 2(1)) | — |\n| Crimes and Other Legislation Amendment Act 1997 | 20, 1997 | 7 Apr 1997 | Sch 2 (item 9): 7 Apr 1997 (s 2(1)) | — |\n| Finance and Administration Legislation Amendment (Application of Criminal Code) Act 2001 | 109, 2001 | 17 Sept 2001 | s 5 and Sch 2 (items 7‑14): 15 Oct 2001 (s 2(a)) | s 5 |\n| Public Works Committee Amendment Act 2006 | 132, 2006 | 7 Nov 2006 | 7 Nov 2006 (s 2) | Sch 1 (item 6) |\n| Maritime Legislation Amendment Act 2007 | 150, 2007 | 24 Sept 2007 | Sch 1 (items 23, 24): 1 Jan 2008 (s 2(1) item 2) | — |\n| Statute Law Revision Act 2012 | 136, 2012 | 22 Sept 2012 | Sch 1 (item 110): 22 Sept 2012 (s 2(1) item 2) | — |\n| Norfolk Island Legislation Amendment Act 2015 | 59, 2015 | 26 May 2015 | Sch 2 (item 316): 1 July 2016 (s 2(1) item 5)  Sch 2 (items 356‑396): 18 June 2015 (s 2(1) item 6) | Sch 2 (items 356‑396) |\n| as amended by |  |  |  |  |\n| Territories Legislation Amendment Act 2016 | 33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | — |\n| Statute Law Revision Act (No. 2) 2015 | 145, 2015 | 12 Nov 2015 | Sch 4 (item 47): 10 Dec 2015 (s 2(1) item 7) | — |\n| Statute Update Act 2016 | 61, 2016 | 23 Sept 2016 | Sch 1 (items 396‑400): 21 Oct 2016 (s 2(1) item 1) | — |\n| Statute Update (A.C.T. Self‑Government (Consequential Provisions) Regulations) Act 2017 | 13, 2017 | 22 Feb 2017 | Sch 1 (items 27–29): 22 Mar 2017 (s 2(1) item 2) | — |\n\n\n \n\nEndnote 4—Amendment history\n\n \n\n| Provision affected | How affected |\n| --- | --- |\n| Part I |  |\n| ss. 3, 4.................. | rep. No. 216, 1973 |\n| s. 5..................... | am. No. 216, 1973; No. 48, 1974; No. 20, 1981; No. 108, 1988; No. 5, 1989; No. 132, 2006; No 13, 2017 |\n| s. 5AA.................. | ad. No. 132, 2006 |\n| s. 5A.................... | ad. No. 109, 2001 |\n| s. 6..................... | am. No. 216, 1973; No. 20, 1981; No 59, 2015; No 13, 2017 |\n| s. 6A.................... | ad. No. 20, 1981 |\n|  | am. No. 80, 1982; No. 196, 1992; No. 150, 2007 |\n| s. 6B.................... | ad. No. 20, 1981 |\n|  | rep. No. 108, 1988 |\n| Part II |  |\n| s. 7..................... | am. No. 216, 1973; No. 48, 1974; No. 132, 2006; No. 136, 2012; No 145, 2015 |\n| s. 8..................... | am. No. 48, 1974; No. 132, 2006 |\n| Heading to s. 9............. | rs. No. 132, 2006 |\n| ss. 9–11.................. | am. No. 132, 2006 |\n| s. 12.................... | am. No. 48, 1974; No. 20, 1981; No. 132, 2006 |\n| s. 16.................... | am. No. 48, 1974 |\n| Part III |  |\n| s. 17.................... | am. No. 20, 1981 |\n| s. 18.................... | am. No. 140, 1973; No. 48, 1974; No. 20, 1981; No. 80, 1982; No. 39, 1983; No. 65, 1985; No. 5, 1989; No. 132, 2006 |\n| ss. 18A, 18B.............. | ad. No. 20, 1981 |\n| s. 19.................... | am. No. 48, 1974; No. 20, 1981; No. 80, 1982; No. 39, 1983; No. 132, 2006 |\n| ss. 20–22................. | am. No. 132, 2006 |\n| s. 23.................... | am. No. 48, 1974; No. 20, 1981; No. 132, 2006; No 61, 2016 |\n| s. 26.................... | am. No. 132, 2006 |\n| s. 27.................... | am. No. 20, 1981; No. 132, 2006 |\n| s 28.................... | am No 48, 1974; No 109, 2001; No 61, 2016 |\n| s 29.................... | am No 48, 1974; No 109, 2001; No 61, 2016 |\n| s. 30.................... | am. No. 48, 1974; No. 109, 2001; No. 132, 2006; No 61, 2016 |\n| s. 31.................... | am. No. 109, 2001 |\n| s. 32.................... | am. No. 109, 2001; No. 132, 2006; No 61, 2016 |\n| s. 33.................... | am. No. 48, 1974 |\n| s. 34.................... | rep. No. 20, 1997 |\n| Part IV |  |\n| s. 35.................... | am. No. 132, 2006 |\n| s. 36.................... | am. No. 57, 1972 |\n| s. 37.................... | am. No. 48, 1974 |\n| s. 39.................... | rep. No. 216, 1973 |\n| s. 40.................... | am. No. 5, 1989; No. 132, 2006 |\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act was originally designed to scrutinise domestic Commonwealth public works. Over time, amendments expanded its scope to include overseas public works (s18B), extended its application to Commonwealth bodies and authorities beyond core government departments (s6A), and incorporated the Criminal Code framework (s5A) — reflecting a broader modern accountability and integrity agenda beyond the original construction-oversight purpose. The inclusion of a specific definition section for 'public work' (s5AA, added later as indicated by the 'AA' suffix) also suggests the scope of what qualifies for review was refined and likely expanded after the original enactment."},"complexity_factors":["Moderate number of defined terms, including a dedicated section (s5AA) defining 'public work' with likely multiple limbs and exclusions","Cross-references to other legislation, including the Criminal Code Act and the Parliamentary Papers Act","Separate regime for overseas public works (s18B) creating a parallel consideration pathway","Sectional Committees mechanism (ss10–11) adding a layer of internal delegation within the main Committee","Multiple criminal offence provisions with varying conduct elements (ss28–31, 33) requiring cross-reference to the Criminal Code","Extension provisions applying the Act to Territories and specified bodies (ss6, 6A), adding jurisdictional complexity","Transitional provision preserving evidence from a former committee (s38), indicating legislative history complexity","Overall Act is relatively short and purpose-driven, limiting complexity despite these features"],"plain_english_summary":"## Public Works Committee Act 1969 — Plain English Summary\n\nThis Act establishes the **Parliamentary Standing Committee on Public Works** — a joint parliamentary committee (meaning it has members from both houses of Federal Parliament) that oversees significant government construction and infrastructure projects before they go ahead.\n\n### What does it do?\n\n- **Creates the Committee**: Sets up a standing (permanent) parliamentary committee responsible for examining proposed Commonwealth (federal government) public works.\n- **Requires review before building**: Before the government can proceed with a major public work — things like government buildings, defence facilities, roads, or other infrastructure — it must generally be referred to this Committee for scrutiny.\n- **Committee investigates and reports**: The Committee holds inquiries, takes evidence from witnesses (including under oath), inspects sites, and produces reports with recommendations on whether a project should go ahead.\n- **Protects the process**: The Act includes powers to summon witnesses (legally compel people to appear), protections for witnesses who give evidence, and offences for obstructing the process — such as failing to attend, giving false evidence, or preventing witnesses from testifying.\n\n### Who does it affect?\n\n- **Commonwealth government agencies and bodies** proposing to carry out public works — they must refer qualifying projects to the Committee.\n- **Contractors, developers, and other stakeholders** involved in government infrastructure projects, who may be called as witnesses.\n- **The Australian public**, who benefit from parliamentary oversight ensuring taxpayer money on big projects is properly scrutinised.\n\n### Why does it matter?\n\nIt acts as a **check on government spending** for major infrastructure. Without this oversight mechanism, the executive branch of government (ministers and departments) could approve and build large, expensive projects without independent parliamentary scrutiny. The Committee provides transparency and accountability — it can hear from experts (called \"assessors\"), inspect proposed sites, and assess whether a project is genuinely necessary, well-designed, and cost-effective.\n\nThe Act also applies to **overseas public works** in some circumstances, and extends to the Commonwealth's territories."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered since its original form by statutory additions and amendments recorded in the compilation. Notably, a formal definition of “public work” was added (s 5AA), broadening and clarifying coverage to include works carried out by or for the Commonwealth or applicable authorities, works overseas, and works that the Commonwealth proposes to own (s 5AA(2)–(5)). The Act now also expressly allows the Governor‑General to make regulations excluding authorities that compete with private bodies (s 6A(3)) and enables the Minister, with Committee agreement, to declare repetitive works exempt from referral (ss 18(8)(d), 18A). The Act therefore provides more detailed boundary rules and administrative exceptions than the original statute, and it builds regulatory pathways (s 40) to adjust the operational reach of the Committee without primary‑law amendment."},"complexity_factors":["Extensive, technical definitions (s 5, s 5AA) with cross‑references to regulations that can change scope (s 40(2)).","Multiple procedural pathways and exceptions for commencing works (s 18(5)–(9), s 18A) creating conditional logic.","Interplay between parliamentary procedure (motions, House resolutions), executive powers (Minister, Governor‑General) and Committee discretion (ss 7, 18, 6A, 40).","Criminal penalties and evidentiary powers with legal burdens and High Court parity for witnesses (ss 20–33, s 25).","Application across jurisdictions and to overseas works with limits on compellability of out‑of‑jurisdiction witnesses (ss 5AA, 6, 18B).","Regulatory levers and delegated instruments that can expand or restrict definitions and exemptions (ss 5(f),(j),(k), 5AA(1)(b),(e), s 40(1)–(2)).","Historical amendment history and transitional provisions embedded in the compilation (endnotes) that affect present scope and reading."],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes a joint Parliamentary committee called the Parliamentary Standing Committee on Public Works (the Committee) made up of nine parliamentarians (three Senators and six Members of the House) and sets rules for appointment, resignation, chairs, sectional committees, meetings, quorums and voting (ss 7–16).\n\n- Gives the Committee the formal task of considering public works referred to it and reporting to both Houses on whether it is expedient to carry out those works and on related matters; it may recommend changes to proposals to improve the use of money spent (s 17).\n\n- Defines what counts as a “public work” and a “work” for the Act (including buildings, plant and equipment related to buildings, landscaping, demolition, land clearing and other items the regulations declare) and sets stated exclusions (ss 5, 5AA). The Act applies to Commonwealth bodies and can apply to works inside or outside Australia (ss 5, 5AA, 6, 6A).\n\n- Requires that certain public works cannot be commenced until the Committee has reported and the House of Representatives has resolved that the work is expedient (s 18). That bar applies automatically where the estimated cost exceeds the threshold amount ($15,000,000 unless regulations set a different figure) (s 18(8),(9)).\n\n- Provides exceptions allowing a work to proceed without prior Committee referral in defined circumstances: the House may resolve a work is urgent (s 18(8)(b)); the Governor‑General may order an exemption for defence purposes (s 18(8)(c)); or the Minister may, with Committee agreement, declare a class of repetitive works not to require referral (ss 18(8)(d), 18A).\n\n- Gives the Committee powers to take evidence (including on oath), summon witnesses and require documents, issue warrants to apprehend non‑attending witnesses, appoint technical assessors, enter and inspect premises (ss 20–27). It can hold inquiries in public or private and may treat material as confidential (ss 18A, 23). There are criminal penalties for refusing to comply with summonses, giving false evidence, or improperly interfering with witnesses (ss 28–33).\n\n- Sets administrative details: allowances for members paid from the Consolidated Revenue Fund subject to a capped annual total (ss 35–36), application of the Parliamentary Papers Act to certain disclosures (s 37), transitional recognition of earlier committee evidence (s 38) and regulatory powers for matters necessary to operate the Act (s 40).\n\nOfficial rationale (as stated in the Act)\n\n- The Act frames the Committee’s purpose as examining and reporting on the expedience of proposed public works, ensuring effective use of moneys to be expended, and commenting on suitability, necessity, revenue potential and public value of works (s 17(1), (2), (3)).\n\nTesting the official purpose against costs, incentives and trade‑offs (mechanisms and likely operational effects)\n\n- Who pays: funds to carry out public works are those appropriated by Parliament or authority funds (definitions in s 5AA(2)–(5)); allowances to Committee members are paid from the Consolidated Revenue Fund (s 35). The Act therefore inserts parliamentary oversight before public money is committed for higher‑cost works (s 18(8),(9)).\n\n- Who decides and where discretion sits: the Committee decides how inquiries are run (public or private) and may treat evidence as confidential (ss 18A, 23). The Minister provides statements and plans when a motion to refer a work is moved (s 18(3)). The Governor‑General may make regulations and may be empowered (via regulation/notice) to exclude particular authorities where they compete with private bodies (s 6A(3)); the Minister can declare repetitive works in agreement with the Committee (s 18A). These provisions concentrate operational discretion in: (a) the Committee for inquiry procedure and reporting (s 17, s 18A), (b) the Minister for repetitive‑work notices (s 18A), and (c) the Governor‑General for regulatory exclusions (s 6A(3), s 40).\n\n- Compliance burden on public bodies and third parties: when a House moves to refer a public work, the Minister must furnish statements, plans and particulars to the House (s 18(3)). The Committee can summon witnesses and documents (s 21), and non‑compliance attracts criminal penalties (ss 28–30). These are direct legal obligations on persons and authorities called to give evidence or produce material.\n\n- Timing and opportunity costs: for works above the threshold amount, commencement is blocked until the Committee reports and the House of Representatives resolves expedience (s 18(5)–(7),(8)). That creates a formal pause point that can delay project start dates, unless an exception is invoked (s 18(8)(b),(c),(d)). The mechanism transfers part of the pre‑commitment decision from executive agencies to a parliamentary committee process.\n\n- Effects on private enterprise and competition: the Act applies to works carried out by or for Commonwealth authorities and to some works proposed to be owned by the Commonwealth or an applicable authority (s 5AA(2)–(5), s 6A). The Governor‑General may, by regulation, exclude an authority if it is competing with private bodies (s 6A(3)) — this is an explicit mechanism for narrowing application where competition is occurring. The Committee may also examine works overseas (s 18B), but cannot compel attendance of persons outside Australia (s 18B(b)).\n\n- Regulatory flexibility and scope drift: definitions of “work” and “public work” can be expanded or limited by regulation (s 5(f),(j),(k), s 5AA(1)(b),(e), s 40(1)–(2)). That creates an administrative pathway for changing what the Committee reviews without primary‑law amendment.\n\n- Accountability and evidence handling: the Act requires full minutes and annual reports to each House (ss 15–16), and sets protections for witnesses similar to High Court witness privileges (s 25). It also imposes penalties for false evidence and for obstructing witnesses (ss 31, 32). The Committee’s findings are presented to both Houses (ss 17, 19), and a further referral can be triggered by House resolution (s 18(6)).\n\nTrade‑offs and implementation risks (concrete mechanisms)\n\n- Delay vs scrutiny: the referral requirement for higher‑cost works (s 18(8),(9)) increases parliamentary oversight but can postpone project starts unless an urgency resolution or defence order is used (s 18(8)(b),(c)).\n\n- Discretionary exclusions and regulatory change: s 6A(3) (Governor‑General regulation to exclude authorities engaged in competition) and the regulation powers under s 40 permit executive action to narrow or broaden the Act’s reach without Parliament changing the main statute. That concentrates implementation choices in the regulatory process.\n\n- Confidentiality balancing: the Committee may take evidence in private or make material confidential (s 18A, s 23), but the Act also makes publication of private evidence subject to witness consent or Committee authority (s 23(4)–(6)), creating a procedural balance between transparency and protection of sensitive material.\n\n- Administrative costs: the Committee may appoint assessors and pay fees and expenses (ss 26, 40(1)), and allowances to members are provided within an annual cap (ss 35–36). The Act therefore creates explicit administrative overheads for parliamentary review.\n\nConcrete behavioural effects the Act creates\n\n- Executive agencies and Commonwealth authorities will usually need to prepare plans, specifications and statements to support motions referring works to the Committee (s 18(3)).\n\n- High‑cost works (over the threshold) are likely to be formally reviewed by the Committee unless an exception applies; proponents of such works will face a parliamentary inquiry step before spending begins (s 18(8),(9)).\n\n- Witnesses and officials called by the Committee must comply with summonses, give evidence under oath if required, and produce documents or face penalties (ss 20–23, 28–31). The Committee can also enter and inspect sites on notice (s 27).\n\nKey sections to consult quickly\n\n- Committee powers and functions: ss 7, 17–19.\n- Definition and scope of public work: ss 5, 5AA, 6, 6A.\n- Evidence, summonses and penalties: ss 20–33.\n- Administrative and regulatory powers: ss 35–40.\n\nOverall, the Act establishes parliamentary review and reporting processes for proposed Commonwealth public works, sets out obligations and powers for inquiry and evidence, defines which works are covered (and how that boundary can be adjusted by regulation), and provides procedural exceptions and enforcement mechanisms. The operative trade‑offs are between parliamentary scrutiny and the time/costs of delay, and between transparent public proceedings and the Committee’s capacity to treat sensitive material as confidential (ss 17, 18, 23)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1969 Act focused on domestic public works. Over time, amendments have significantly expanded scope: (1) extraterritorial application—section 5AA now covers works 'outside Australia' including overseas projects (added by 2006 amendments); (2) broader entity coverage—section 6A now captures more Commonwealth authorities including competitive commercial entities subject to Governor-General declaration; (3) movable property provisions—originally excluded, now partially included via regulation; (4) threshold inflation—the $15 million trigger (indexed or regulated) replaces original lower thresholds. The Act has evolved from a domestic building oversight mechanism to a comprehensive framework covering international projects and diverse Commonwealth entities."},"complexity_factors":["Multiple nested definitions: 'work' is defined with 11 sub-paragraphs (including double-nested sub-sub-paragraphs), then 'public work' has a separate 5-subsection definition with multiple exceptions","Cross-referencing between sections: Section 5 defines 'work', section 5AA defines 'public work' by reference to section 5, and section 6A defines which bodies are covered","Conditional logic in commencement restrictions: Section 18 contains multiple exceptions to the general rule (urgent works, defence works, repetitive works) with their own procedural requirements","Territorial application exceptions: Section 6 excludes ACT and Northern Territory works funded by those territories, creating a complex boundary between federal and territory jurisdiction","Extensive procedural rules for Committee operations: Quorum requirements (section 13), voting procedures including casting votes and recorded dissents (section 14), and complex succession rules for Chair/Deputy Chair/temporary chairs (section 9 with 11 subsections)","Interaction with other statutes: Section 37 modifies the application of the Parliamentary Papers Act 1908, and section 5A incorporates the Criminal Code by reference","Historical continuity provisions: Section 38 treats evidence from the predecessor 1913 Act as evidence under this Act, creating a temporal bridge"],"plain_english_summary":"This law creates a Parliamentary Standing Committee on Public Works—a group of MPs who act as the Parliament's 'building inspectors' for major government projects.\n\n**What it does:**\n- **Sets up the Committee**: A joint committee of 9 MPs (3 Senators, 6 House members) who scrutinise major building and engineering projects proposed by the Commonwealth government.\n- **Defines what gets scrutinised**: A 'public work' generally means any building or engineering project costing over $15 million (or a lower threshold set by regulations) that uses federal money. This includes construction, alterations, demolitions, and land development—but excludes things like satellites, ships, or projects in the Parliamentary zone (Canberra's parliamentary precinct).\n- **Forces a pause on big projects**: Once a project is referred to the Committee, it cannot start until the Committee reports back to Parliament and the House of Representatives votes that it's 'expedient' (sensible) to proceed. There are limited exceptions for urgent defence projects or 'repetitive works' (standardised projects done frequently).\n- **Gives the Committee teeth**: They can summon witnesses, demand documents, enter land to inspect sites, take evidence under oath, and even issue arrest warrants for people who ignore summonses. They can also appoint technical experts ('assessors') to help evaluate projects.\n- **Protects whistleblowers**: It's a criminal offence to harm someone for giving evidence to the Committee, or to interfere with witnesses.\n\n**Who it affects:**\n- **Government agencies**: Any Commonwealth department or government body proposing a major building project must get Committee approval first.\n- **Contractors and consultants**: They may be summoned to give evidence about project costs, designs, or necessity.\n- **Taxpayers**: The Committee acts as a check against wasteful spending on government buildings and infrastructure.\n\n**Why it matters:**\nThis is a key transparency and accountability mechanism. Before the government can spend millions on a new building, road, or facility, independent MPs must review whether the project is necessary, good value for money, and fit for purpose. It prevents 'pork-barrelling' (politicians funding pet projects without scrutiny) and ensures major capital works get proper parliamentary oversight."}},"importantCases":[],"_links":{"self":"/api/acts/public-works-committee-act-1969","history":"/api/acts/public-works-committee-act-1969/history","analysis":"/api/acts/public-works-committee-act-1969/analysis","conflicts":"/api/acts/public-works-committee-act-1969/conflicts","importantCases":"/api/acts/public-works-committee-act-1969/important-cases","documents":"/api/acts/public-works-committee-act-1969/documents"}}