{"id":"F2016L01808","name":"Public Works Committee Regulation 2016","slug":"public-works-committee-regulation-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95487,"registerId":"commonwealth-F2016L01808-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Public Works Committee Regulation 2016.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Public Works Committee Act 1969.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) assessor;\n    (b) authority of the Commonwealth;\n    (c) member;\n    (d) the Committee.\n  In this instrument:\n\n> Act means the Public Works Committee Act 1969.\n\n> Sectional Committee means a Sectional Committee mentioned in section 10 of the Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Definitions in, and application of, Act","content":"## Part 2—Definitions in, and application of, Act","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Matters included in the definition of work in section 5 of Act","content":"#### 6 Matters included in the definition of work in section 5 of Act\n\n  For the purposes of paragraph (f) of the definition of work in section 5 of the Act, an activity that:\n    (a) is described in paragraph (a), (b), (c) or (d) of that definition; and\n    (b) relates to:\n    (i) a temporary building or structure; or\n    (ii) a demountable building or structure;\n  is declared to be a work.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Authorities of the Commonwealth to which the Act does not apply","content":"#### 7 Authorities of the Commonwealth to which the Act does not apply\n\n  For the purposes of subsection 6A(3) of the Act, it is declared that the Act does not apply to an authority of the Commonwealth mentioned in the following table.\n\n| Item | Authority of the Commonwealth                                                |\n| ---- | ---------------------------------------------------------------------------- |\n| 1    | ASC Pty Ltd                                                                  |\n| 2    | Australian Naval Infrastructure Pty Ltd                                      |\n| 4    | Deep Blue Tech Pty Ltd                                                       |\n| 5    | ASC AWD Shipbuilder Pty Ltd                                                  |\n| 6    | ASC Modules Pty Ltd                                                          |\n| 7    | A wholly‑owned subsidiary of a company mentioned in item 1, 2, 3, 4, 5 or 6  |\n| 8    | A wholly‑owned subsidiary of a wholly‑owned subsidiary mentioned in item 7   |\n| 9    | Wine Australia                                                               |\n| 10   | Australian Postal Corporation                                                |\n| 10A  | CEA Technologies Pty Limited                                                 |\n| 10B  | A wholly‑owned subsidiary of CEA Technologies Pty Limited                    |\n| 10C  | A wholly‑owned subsidiary of a wholly‑owned subsidiary mentioned in item 10B |\n| 11   | Defence Housing Australia                                                    |\n| 12   | Export Finance and Insurance Corporation                                     |\n| 13   | National Intermodal Corporation Limited                                      |\n| 13A  | A wholly owned subsidiary of National Intermodal Corporation Limited         |\n| 13B  | A wholly owned subsidiary of a wholly owned subsidiary mentioned in item 13A |\n| 14   | NBN Co Limited                                                               |\n| 14A  | Snowy Hydro Limited                                                          |\n| 14B  | A wholly‑owned subsidiary of Snowy Hydro Limited                             |\n| 14C  | A wholly‑owned subsidiary of a wholly‑owned subsidiary mentioned in item 14B |\n| 15   | WSA Co Limited                                                               |\n\n> Note: Some Acts dealing with particular authorities of the Commonwealth (such as certain Aboriginal Land Trusts) also provide that the Public Works Committee Act 1969 does not apply to those authorities.","sortOrder":6},{"sectionNumber":"7A","sectionType":"section","heading":"Threshold amount for Defence work","content":"#### 7A Threshold amount for Defence work\n\n  For the purposes of paragraph (b) of the definition of threshold amount in subsection 18(9) of the Act, the threshold amount for a public work for defence purposes is $75,000,000.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Forms relating to witnesses","content":"## Part 3—Forms relating to witnesses","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Forms of oath and affirmation by witnesses","content":"#### 8 Forms of oath and affirmation by witnesses\n\n  (1) For the purposes of subsection 20(2) of the Act, Part 1 of Schedule 1 prescribes a form of an oath of a witness.\n  (2) For the purposes of subsection 20(2) of the Act, Part 2 of Schedule 1 prescribes a form of an affirmation of a witness.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Form of summons to witness","content":"#### 9 Form of summons to witness\n\n  For the purposes of subsection 21(2) of the Act, Part 3 of Schedule 1 prescribes a form of a summons to a person to appear to give evidence.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Form of warrant for apprehension of summoned witness","content":"#### 10 Form of warrant for apprehension of summoned witness\n\n  For the purposes of subsection 22(2) of the Act, Part 4 of Schedule 1 prescribes a form of a warrant for the apprehension of a person who has been summoned to give evidence and has failed to appear, or to continue to attend, as a witness.","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Fees and expenses of witnesses and assessors","content":"## Part 4—Fees and expenses of witnesses and assessors","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Fees and expenses of witnesses and assessors","content":"#### 11 Fees and expenses of witnesses and assessors\n\n  (1) A witness appearing before, or an assessor attending, the Committee or a Sectional Committee is to be paid such fees and travelling expenses as the Chair of the Committee or the Chair of the Sectional Committee (as appropriate) allows in accordance with this section.\n  Fees for expert witnesses and assessors\n  (2) A witness who is an expert, or an assessor, is to be allowed a fee of an amount:\n    (a) not less than the amount worked out using the rate specified for witnesses’ expenses in the High Court Rules 2004; and\n    (b) not more than the actual fees:\n    (i) of the witness for preparing to give evidence and for appearing; or\n    (ii) of the assessor for preparing to attend and attending.\n  (3) A witness who is an expert, or an assessor, is to be allowed a fee of a reasonable amount for qualifying to give evidence to, or attend, the Committee or Sectional Committee, in addition to a fee allowed under subsection (2).\n  Fees for ordinary witnesses\n  (4) A witness who is not an expert is to be allowed a fee worked out using the hourly rate specified in the High Court Rules 2004 for witnesses’ expenses.\n  Travelling expenses for witnesses and assessors\n  (5) A witness or assessor is to be allowed a reasonable amount for:\n    (a) travel to and from the place where he or she appears before, or attends, the Committee or Sectional Committee; and\n    (b) if he or she needs to be absent from his or her usual place of residence for that appearance or attendance—meals and accommodation.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"No double payment for attending both Committee meeting and Sectional Committee meeting","content":"#### 12 No double payment for attending both Committee meeting and Sectional Committee meeting\n\n  (1) A witness or assessor who would, apart from this subsection, be entitled to be paid both of the following is to be paid only the greater of them, and not both of them:\n    (a) fees and expenses for appearing before, or attending, the Committee on a particular day;\n    (b) fees and expenses for appearing before, or attending, a Sectional Committee on that day.\n  (2) A witness or assessor who would, apart from this subsection, be entitled to be paid both of the following is to be paid only the greater of them, and not both of them:\n    (a) expenses for travel on a particular journey to appear before, or attend, the Committee;\n    (b) expenses for travel on the same journey to appear before, or attend, a Sectional Committee.\n  (3) This section has effect despite section 11.","sortOrder":14},{"sectionNumber":"Part 5","sectionType":"part","heading":"Transitional provisions","content":"## Part 5—Transitional provisions","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Change to threshold amount for Defence work","content":"#### 13 Change to threshold amount for Defence work\n\n  The amendment made by item 5 of Schedule 1 to the Public Works Committee Legislation Amendment (2019 Measures No. 1) Regulations 2019 does not apply in relation to a work referred to the Committee under section 18 of the Act before that item commenced.","sortOrder":16}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulation narrows and clarifies the Act’s application: it excludes a specified list of Commonwealth authorities (reg 7), explicitly includes temporary/demountable structures within the definition of ‘‘work’’ (reg 6), and sets a $75,000,000 threshold for defence works (reg 7A). A transitional provision preserves earlier referrals made before the 2019 amendment (reg 13)."},"complexity_factors":["Cross-references to the Public Works Committee Act 1969 and the High Court Rules 2004 require reading multiple instruments to understand obligations and rates (regs 3, 11).","A detailed exclusion table listing named Commonwealth authorities and tiers of wholly‑owned subsidiaries requires tracing corporate relationships (reg 7).","Discretion left to Chairs to allow fees and travel introduces administrative decision-making rather than fixed tariffs (reg 11(1)).","A monetary threshold specific to defence works interacts with the Act’s referral rules and prior amendments (reg 7A; reg 13 transitional saving).","Prescribed standard forms for oath, affirmation, summons and warrants are provided in Schedule 1, creating fixed procedural steps (regs 8–10 and Schedule 1).","The regulation expands the statutory definition of ‘work’ to include activities relating to temporary or demountable buildings, affecting scope of review (reg 6)."],"plain_english_summary":"This regulation sets procedural and scope rules for the Parliamentary Standing Committee on Public Works. It lists specific Commonwealth bodies excluded from the Public Works Committee Act, declares certain temporary or demountable structures to be ‘‘work’’, fixes a $75,000,000 threshold for defence works, prescribes witness oath/affirmation/summons/warrant forms, and sets fees and travel allowances for witnesses and assessors. It affects agencies, contractors and expert witnesses because it narrows which projects the Committee reviews and allocates who decides and pays witness fees and expenses."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: operational details for the Public Works Committee. The list of exempt authorities has grown over time (items 10A-10C, 13-13B, 14A-14C added via amendments), but this represents natural expansion to cover new government corporate entities rather than scope creep into unrelated policy areas."},"complexity_factors":["Straightforward structure with clear Part divisions","Minimal cross-referencing (primarily to the parent Act and High Court Rules 2004)","Simple tabular format for exempt authorities (15 items with some subsidiary layering)","Basic arithmetic calculations for fees (hourly rates and caps)","No nested conditional logic or exceptions to exceptions","Prescriptive forms in Schedule 1 use plain template language with bracketed insertions"],"plain_english_summary":"This regulation sets the administrative rules for the Parliamentary Standing Committee on Public Works, extending its coverage to temporary/demountable buildings, naming specific government bodies (and their wholly‑owned subsidiaries) exempt from review, and requiring Defence projects over $75 million to be referred. It also supplies standard oath/summons/arrest forms and fixes witness and assessor fees and travel allowances (with rules to prevent double‑dipping). Affects agencies planning works, defence contractors, witnesses and the Committee."}},"importantCases":[],"_links":{"self":"/api/acts/public-works-committee-regulation-2016","history":"/api/acts/public-works-committee-regulation-2016/history","analysis":"/api/acts/public-works-committee-regulation-2016/analysis","conflicts":"/api/acts/public-works-committee-regulation-2016/conflicts","importantCases":"/api/acts/public-works-committee-regulation-2016/important-cases","documents":"/api/acts/public-works-committee-regulation-2016/documents"}}