Public Works Committee Act 1969

The Public Works Committee Act 1969 establishes a standing parliamentary committee to review and report on proposed public works that involve Commonwealth expenditure or Commonwealth ownership. Mechanically, it creates the Parliamentary Standing Committee on Public Works, sets its composition and procedures (Part II, ss 7-16), defines what counts as a public work (s 5AA read with s 5), prescribes how public works are to be referred to the Committee and when works cannot be commenced before parliamentary consideration (s 18), and grants the Committee inquiry powers including summoning witnesses, taking evidence on oath, appointing assessors and entering land (ss 20-27). The Act imposes criminal penalties for failure to comply with summonses or directions, for giving false evidence and for improper interference with witnesses (ss 23, 28-32), and makes Chapter 2 of the Criminal Code applicable to offences under the Act (s 5A).

Procedurally, a public work may be referred to the Committee by motion in either House (s 18(1)). The Minister must, upon the motion, furnish a statement and such plans and particulars as the Minister thinks necessary (s 18(3)). If a public work has been referred, the work must not be commenced until the Committee has reported and the House of Representatives has resolved that it is expedient to carry out the work, subject to specific exceptions and a monetary threshold (s 18(5)-(8)). The Committee must consider referred works and report on their expediency, and may recommend alterations to maximise effective use of moneys expended (s 17).

The Act gives the Committee significant investigatory powers: it may take evidence under oath (s 20), issue summonses to compel attendance and production of documents (s 21), issue warrants for apprehension where a summoned person fails to attend (s 22), enter and inspect land or places on notice in accordance with the regulations (s 27), and appoint assessors to assist with technical matters (s 26). The Committee also determines whether inquiries are held in public or private and controls confidentiality of private evidence (s 18A, s 23).

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Public Works Committee Act 1969

No. 92, 1969

Compilation No. 13

Compilation date: 22 March 2017

Includes amendments up to: Act No. 13, 2017

Registered: 22 March 2017

About this compilation

This compilation

This 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).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The 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.

Application, saving and transitional provisions for provisions and amendments

If 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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If 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.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part I—Preliminary

1 Short title

2 Commencement

5 Interpretation

5AA Meaning of public work

5A Application of the Criminal Code

6 Extension to Territories

6A Bodies to which Act applies

Part II—Parliamentary Standing Committee on Public Works

7 Parliamentary Standing Committee on Public Works

8 Declaration to be subscribed by members

9 Chair and Deputy Chair

10 Sectional Committees

11 Reference of matters to Sectional Committees

12 Meetings of the Committee

13 Quorum

14 Voting

15 Minutes

16 Annual report

Part III—Reports on Public Works

17 Functions of the Committee

18 Reference of public works to the Committee

18A Inquiries by Committee

18B Consideration of overseas public works

19 Review of reports

20 Power to take evidence

21 Power to summon witnesses

22 Warrant for apprehension of witness

23 Evidence to be given in public except in certain cases

24 Continuance of evidence

25 Privileges of witnesses

26 Assessors

27 Power to enter on land etc.

28 Failure of witness to attend

29 Preventing witnesses from giving evidence

30 Refusal to be sworn etc.

31 False evidence

32 Protection of witnesses

33 Prosecution of offences

Part IV—Miscellaneous

35 Allowances

36 Limitation of annual expenditure

37 Application of Parliamentary Papers Act

38 Evidence given before former Committee

40 Regulations

The Schedule—Public Works Committee Act 1969

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act relating to the Parliamentary Standing Committee on Public Works

Part I—Preliminary

1 Short title

This Act may be cited as the Public Works Committee Act 1969.

2 Commencement

This Act shall come into operation on a date to be fixed by Proclamation.

5 Interpretation

In this Act, unless the contrary intention appears:

assessor means a person appointed under section 26.

authority of the Commonwealth means:

(a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment;

(b) a body established by the Governor‑General or a Minister otherwise than in accordance with an enactment; or

but 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.

authority 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.

building includes part of a building.

Chair means the Chair of the Committee.

commence, 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.

court 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.

enactment means:

(a) an Act;

(b) an Ordinance of the Australian Capital Territory; or

engineering work includes part of an engineering work.

inter‑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.

member means a member of the Committee.

movable property includes aircraft, satellites, ships and vehicles.

Parliamentary zone has the same meaning as in the Parliament Act 1974.

public work has the meaning given by section 5AA.

State includes the Australian Capital Territory and the Northern Territory.

structure includes part of a structure.

the Committee means the Parliamentary Standing Committee on Public Works for the time being constituted in accordance with this Act.

work means an architectural or engineering work, and includes:

(a) the construction, alteration, repair, refurbishment or fitting out of buildings and other structures;

(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;

(c) the undertaking, construction, alteration or repair of landscaping and earthworks (whether or not in relation to buildings and other structures);

(d) the demolition, destruction, dismantling or removal of:

(i) buildings and other structures;

(ii) plant and equipment falling within paragraph (b); and

(iii) earthworks;

(e) the clearing of land and the development of land for use as urban land or otherwise; and

(f) any other matter declared by the regulations to be a work;

but does not include:

(g) the production of, or anything done in relation to, intangible things;

(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;

(j) the installation, alteration or repair of plant or equipment where the plant or equipment:

(i) is not designed to be used in, or in relation to, the provision of services for a building or other structure; and

(ii) is not necessary or desirable to make a building or structure a complete building or structure; and

(k) any other matter declared by the regulations not to be a work.

5AA Meaning of public work

(1) A public work means:

(a) a work to which subsection (2), (3) or (5) applies; or

(b) a work declared by the regulations to be a public work.

However, a public work does not include:

(d) a work that is proposed to be carried out by or for the Commonwealth by way of assistance to an overseas country; or

(e) a work declared by the regulations not to be a public work.

(2) This subsection applies to a work:

(a) that is proposed to be carried out by or for the Commonwealth, either within or outside Australia; and

(b) either:

(i) in respect of the carrying out of which moneys appropriated by the Parliament are proposed to be expended by the Commonwealth; or

(ii) in relation to which moneys appropriated by the Parliament are proposed to be expended by the Commonwealth.

(3) This subsection applies to a work:

(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

(b) either:

(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

(ii) in relation to which moneys appropriated by the Parliament are proposed to be expended by the Commonwealth or the authority.

(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.

(5) This subsection applies to a work:

(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

(b) of which the Commonwealth, or an authority of the Commonwealth to which this Act applies, is proposed to become the owner; and

(c) in relation to which moneys appropriated by the Parliament are proposed to be expended by the Commonwealth or an authority of the Commonwealth.

5A Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

6 Extension to Territories

(1) This Act extends to every Territory not forming part of Australia.

(2) This Act does not extend to a work if:

(aa) a work:

(i) that is proposed to be carried out by or for the Australian Capital Territory; and

(ii) in respect of the carrying out of which moneys of that Territory are proposed to be expended by that Territory; or

(a) the work is proposed to be carried out by or for the Northern Territory; and

(b) money of the Northern Territory is proposed to be expended by that Territory in carrying out the work.

6A Bodies to which Act applies

(1) Subject to subsection (2), this Act applies to every authority of the Commonwealth.

(2) This Act does not apply to:

(a) an authority of the Commonwealth in respect of which a declaration referred to in subsection (3) is in force; or

(b) the Parliament House Construction Authority; or

(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.

(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.

Part II—Parliamentary Standing Committee on Public Works

7 Parliamentary Standing Committee on Public Works

(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.

(3) The Committee shall consist of nine members, namely:

(a) three members of the Senate appointed by the Senate; and

(b) six members of the House of Representatives appointed by that House.

(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.

(5) A member of the Parliament is not eligible for appointment as a member of the Committee if he or she is:

(a) a Minister;

(b) the President of the Senate;

(d) the Chair of Committees of the Senate or the Deputy Speaker of the House of Representatives.

(6) A member holds office during the pleasure of the House of the Parliament by which he or she was appointed.

(7) A member ceases to hold office:

(a) when the House of Representatives expires by effluxion of time or is dissolved;

(b) if he or she becomes the holder of an office specified in any of the paragraphs of subsection (5);

(d) if he or she resigns his or her office as provided by either of the next two succeeding subsections.

(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.

(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.

(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.

(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.

(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.

8 Declaration to be subscribed by members

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:

(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

(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.

9 Chair and Deputy Chair

(1) There shall be a Chair and a Deputy Chair of the Committee, who shall be elected by the members.

(2) The Chair and Deputy Chair hold office during the pleasure of the Committee.

(3) The Chair or Deputy Chair ceases to hold office if:

(a) he or she ceases to be a member; or

(b) he or she resigns his or her office as provided by the next succeeding subsection.

(4) The Chair or Deputy Chair may resign that office by writing under his or her hand presented to a meeting of the Committee.

(5) Subject to this section, the Chair or, in his or her absence, the Deputy Chair shall preside at all meetings of the Committee.

(6) Where:

(a) the Chair is absent from Australia or is, for any reason, unable to exercise his or her powers under this Act; and

(b) the Deputy Chair is absent from Australia or is, for any reason, unable to exercise the powers of the Chair under this Act;

the members present at a meeting of the Committee may appoint one of their number to be temporary chair of the Committee.

(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.

(8) The appointment of a temporary chair remains in force until:

(a) he or she resigns the appointment by writing under his or her hand presented to a meeting of the Committee;

(b) he or she ceases to be a member;

(d) the appointment is revoked by the Committee;

whichever first happens.

(9) The Deputy Chair and a temporary chair may each exercise any of the powers of the Chair under this Act.

(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.

(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).

10 Sectional Committees

(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.

(2) A member of a Sectional Committee:

(a) holds office during the pleasure of the Committee;

(b) ceases to hold office if he or she ceases to be a member of the Committee; and

(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.

(4) The Chair or Deputy Chair of a Sectional Committee:

(a) holds office during the pleasure of the Sectional Committee;

(b) ceases to hold office if he or she ceases to be a member of the Sectional Committee; and

(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.

(6) There shall not be more than two Sectional Committees at the one time.

(7) A Sectional Committee or Sectional Committees may sit when the Committee is sitting.

(8) At a meeting of a Sectional Committee, a majority of the members of the Sectional Committee form a quorum.

(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.

11 Reference of matters to Sectional Committees

(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.

(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.

(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.

12 Meetings of the Committee

(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.

(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.

(3) Upon receiving a request under the last preceding subsection, the Chair shall:

(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

(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.

(4) The Committee may meet and transact business notwithstanding any prorogation of the Parliament.

(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.

13 Quorum

At a meeting of the Committee, five members form a quorum.

14 Voting

(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.

(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.

(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:

(a) the names of the members who voted and the manner in which each such member voted;

(b) the names of the members who abstained from voting and the fact that they abstained from voting; and

(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.

15 Minutes

The Committee shall keep full minutes of its proceedings.

16 Annual report

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.

Part III—Reports on Public Works

17 Functions of the Committee

(1) The Committee shall, as expeditiously as is practicable:

(a) consider each public work that is referred to it in accordance with this Act; and

(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;

and, for those purposes, shall do such things and make such inquiries as it thinks necessary.

(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.

(3) In considering and reporting on a public work, the Committee shall have regard to:

(a) the stated purpose of the work and its suitability for that purpose;

(b) the necessity for, or the advisability of, carrying out the work;

(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

(e) the present and prospective public value of the work.

(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.

18 Reference of public works to the Committee

(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.

(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.

(3) Upon the moving of the motion, the Minister shall furnish to the House in which the motion is moved:

(a) a statement in relation to the public work (including the purpose of the work); and

(b) such plans, specifications and other particulars as the Minister thinks necessary.

(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.

(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.

(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.

(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.

(8) A public work the estimated cost of which exceeds the threshold amount shall not be commenced unless:

(a) the work has been referred to the Committee in accordance with this section;

(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;

(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

(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.

(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:

(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

(b) the Committee has agreed to the work being so declared.

(9) In this section:

estimated 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.

threshold amount means:

(a) $15,000,000; or

(b) if another amount is specified in the regulations for the purposes of this definition—that other amount.

18A Inquiries by Committee

(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.

(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.

(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.

18B Consideration of overseas public works

Where a public work that is to be carried out outside Australia and the external Territories is referred to the Committee:

(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;

(b) the Committee is not entitled to require or request the attendance before it of any person who is outside Australia; and

(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.

19 Review of reports

(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.

(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:

(a) the Committee has resolved that it does not desire the commencement of the work to be deferred;

(b) a further report has been made by the Committee concerning the work;

(c) the House of Representatives has resolved that it is expedient that the work be commenced without awaiting the further report; or

(d) the further report has not been made before the House of Representatives expires by effluxion of time or is dissolved.

20 Power to take evidence

(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.

(2) An oath or affirmation administered to a witness may be in accordance with the prescribed form.

21 Power to summon witnesses

(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.

(2) The summons may be in accordance with the prescribed form.

(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.

22 Warrant for apprehension of witness

(1) Where:

(a) a summons under the last preceding section has been served upon a person;

(b) a reasonable amount for the costs of his or her conveyance has been tendered to that person; and

(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;

the Chair or a member authorized by the Committee may issue a warrant for his or her apprehension.

(2) The warrant may be in accordance with the prescribed form.

(3) The person executing the warrant may:

(a) apprehend the person in respect of whom it is issued;

(b) bring that person before the Committee; and

(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.

23 Evidence to be given in public except in certain cases

(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.

(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:

(a) take the evidence in private; or

(b) direct that the document, or the part of the document, be treated as confidential.

(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.

(4) Where, at the request of a witness, evidence is taken by the Committee in private:

(a) the Committee shall not, without the consent in writing of the witness; and

(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);

disclose or publish the whole or a part of that evidence.

(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.

(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).

(7) Nothing in this section prohibits:

(a) the disclosure of evidence by a Sectional Committee to the Committee;

(b) the disclosure or publication of evidence that has already been lawfully published; or

(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.

Penalty: Imprisonment for 12 months or 4 penalty units.

24 Continuance of evidence

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.

25 Privileges of witnesses

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.

26 Assessors

(1) The Committee may appoint a person to be an assessor to assist it in relation to an inquiry under this Act.

(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.

27 Power to enter on land etc.

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:

(a) enter and inspect the land, building or place; and

(b) inspect any material on the land or on or in the building or place.

28 Failure of witness to attend

(1) A person upon whom a summons under section 21 has been served shall not:

(a) fail to appear; or

(b) fail, unless excused or released by a member from continuing in attendance, to continue in attendance;

as required by the summons.

Penalty: Imprisonment for 12 months or 4 penalty units.

(2) Paragraph (1)(a) or (b) does not apply if the person proves that he or she has a reasonable excuse.

Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 of the Criminal Code).

29 Preventing witnesses from giving evidence

A person shall not dissuade or prevent a person from obeying a summons under section 21.

Penalty: Imprisonment for 12 months or 4 penalty units.

30 Refusal to be sworn etc.

(1) A person upon whom a summons under section 21 has been served shall not refuse or fail:

(a) to be sworn or to make an affirmation;

(b) to answer a question put to him or her by the Chair or a member; or

Penalty: Imprisonment for 12 months or 4 penalty units.

(2) Paragraph (1)(a), (b) or (c) does not apply if the person proves that he or she has a reasonable excuse.

Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 of the Criminal Code).

31 False evidence

A person shall not give false evidence on oath or affirmation before the Committee.

Penalty: Imprisonment for five years.

32 Protection of witnesses

A person shall not:

(a) use violence to or inflict injury on;

(b) cause violence, damage, loss or disadvantage to; or

a 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.

Penalty: Imprisonment for 12 months or 4 penalty units.

33 Prosecution of offences

(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.

(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.

(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.

Part IV—Miscellaneous

35 Allowances

(1) The Chair and other members shall be paid such allowances as are prescribed.

(2) The allowances are payable, upon the certificate of the Chair, out of the Consolidated Revenue Fund, which is appropriated accordingly.

36 Limitation of annual expenditure

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.

37 Application of Parliamentary Papers Act

(1) Section 23 has effect notwithstanding section 2 of the Parliamentary Papers Act 1908‑1963.

(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.

38 Evidence given before former Committee

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.

40 Regulations

(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.

(2) Before making regulations for the purposes of:

(a) paragraph (f) or (k) of the definition of work in subsection 5(1); and

(b) paragraph 5AA(1)(b) or (e);

the Governor‑General shall take into consideration any relevant recommendation made to the Minister by the Committee.

The Schedule—Public Works Committee Act 1969

Section 8

DECLARATION BY MEMBER

I, 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.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The 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.

The 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.

Editorial changes

The 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.

If 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.

Misdescribed amendments

A 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.

If 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.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Public Works Committee Act 1969	92, 1969	27 Sept 1969	24 Nov 1969 (s 2 and gaz 1969, p 7065)
Public Works Committee Act 1972	57, 1972	9 June 1972	9 June 1972 (s 2)	—
Public Works Committee Act 1973	140, 1973	15 Nov 1973	15 Nov 1973 (s 2)	—
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
Public Works Committee Act 1974	48, 1974	21 Aug 1974	21 Aug 1974 (s 2)	—
Public Works Committee Amendment Act 1981	20, 1981	9 Apr 1981	9 Apr 1981 (s 2)	s 13
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982	80, 1982	22 Sept 1982	s 233–236: 20 Oct 1982 (s 2(16))	—
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983	39, 1983	20 June 1983	Sch 1: 18 July 1983 (s 2(1))	—
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985	65, 1985	5 June 1985	Sch 1: 3 July 1985 (s 2(1))	—
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)	—
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))	—
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).	—
as amended by
Qantas Sale Amendment Act 1993	60, 1993	3 Nov 1993	10 Mar 1993 (s 2)	—
Qantas Sale Amendment Act 1994	168, 1994	16 Dec 1994	s 3 (item 17): 16 Dec 1994 (s 2(1))	—
Crimes and Other Legislation Amendment Act 1997	20, 1997	7 Apr 1997	Sch 2 (item 9): 7 Apr 1997 (s 2(1))	—
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
Public Works Committee Amendment Act 2006	132, 2006	7 Nov 2006	7 Nov 2006 (s 2)	Sch 1 (item 6)
Maritime Legislation Amendment Act 2007	150, 2007	24 Sept 2007	Sch 1 (items 23, 24): 1 Jan 2008 (s 2(1) item 2)	—
Statute Law Revision Act 2012	136, 2012	22 Sept 2012	Sch 1 (item 110): 22 Sept 2012 (s 2(1) item 2)	—
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)
as amended by
Territories Legislation Amendment Act 2016	33, 2016	23 Mar 2016	Sch 2: 24 Mar 2016 (s 2(1) item 2)	—
Statute Law Revision Act (No. 2) 2015	145, 2015	12 Nov 2015	Sch 4 (item 47): 10 Dec 2015 (s 2(1) item 7)	—
Statute Update Act 2016	61, 2016	23 Sept 2016	Sch 1 (items 396‑400): 21 Oct 2016 (s 2(1) item 1)	—
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)	—

Endnote 4—Amendment history

Provision affected	How affected
Part I
ss. 3, 4..................	rep. No. 216, 1973
s. 5.....................	am. No. 216, 1973; No. 48, 1974; No. 20, 1981; No. 108, 1988; No. 5, 1989; No. 132, 2006; No 13, 2017
s. 5AA..................	ad. No. 132, 2006
s. 5A....................	ad. No. 109, 2001
s. 6.....................	am. No. 216, 1973; No. 20, 1981; No 59, 2015; No 13, 2017
s. 6A....................	ad. No. 20, 1981
	am. No. 80, 1982; No. 196, 1992; No. 150, 2007
s. 6B....................	ad. No. 20, 1981
	rep. No. 108, 1988
Part II
s. 7.....................	am. No. 216, 1973; No. 48, 1974; No. 132, 2006; No. 136, 2012; No 145, 2015
s. 8.....................	am. No. 48, 1974; No. 132, 2006
Heading to s. 9.............	rs. No. 132, 2006
ss. 9–11..................	am. No. 132, 2006
s. 12....................	am. No. 48, 1974; No. 20, 1981; No. 132, 2006
s. 16....................	am. No. 48, 1974
Part III
s. 17....................	am. No. 20, 1981
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
ss. 18A, 18B..............	ad. No. 20, 1981
s. 19....................	am. No. 48, 1974; No. 20, 1981; No. 80, 1982; No. 39, 1983; No. 132, 2006
ss. 20–22.................	am. No. 132, 2006
s. 23....................	am. No. 48, 1974; No. 20, 1981; No. 132, 2006; No 61, 2016
s. 26....................	am. No. 132, 2006
s. 27....................	am. No. 20, 1981; No. 132, 2006
s 28....................	am No 48, 1974; No 109, 2001; No 61, 2016
s 29....................	am No 48, 1974; No 109, 2001; No 61, 2016
s. 30....................	am. No. 48, 1974; No. 109, 2001; No. 132, 2006; No 61, 2016
s. 31....................	am. No. 109, 2001
s. 32....................	am. No. 109, 2001; No. 132, 2006; No 61, 2016
s. 33....................	am. No. 48, 1974
s. 34....................	rep. No. 20, 1997
Part IV
s. 35....................	am. No. 132, 2006
s. 36....................	am. No. 57, 1972
s. 37....................	am. No. 48, 1974
s. 39....................	rep. No. 216, 1973
s. 40....................	am. No. 5, 1989; No. 132, 2006

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Public Works Committee Act 1969

No. 92, 1969

Compilation No. 13

Compilation date: 22 March 2017

Includes amendments up to: Act No. 13, 2017

Registered: 22 March 2017

About this compilation

This compilation

This 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).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

Application, saving and transitional provisions for provisions and amendments

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part I—Preliminary

1 Short title

Public work: The Act defines a public work by reference to s 5AA in conjunction with the broader definition of work in s 5. A public work includes works proposed to be carried out by or for the Commonwealth or by or for a Commonwealth authority to which the Act applies, where money appropriated by Parliament or moneys of the authority are proposed to be expended (s 5AA(2)-(3)). It also captures works not carried out by the Commonwealth where the Commonwealth or an authority is proposed to become the owner and Parliament moneys are to be expended (s 5AA(5)). Regulations may add to or exclude matters from the definition (s 5AA(1)(b),(e)). The Act excludes works proposed within the Parliamentary zone and works by way of assistance to an overseas country from the definition of public work (s 5AA(c),(d)).

Work: The statutory concept of work is broad and includes architectural and engineering works and an enumerated list of activities such as construction, fitting out, plant installation, landscaping, demolition and land development (s 5, definition of work). The Governor‑General may by regulation declare additional matters to be works or to be excluded as works (s 40(2) read with s 5(1)(f),(k)).

Committee and Sectional Committees: The Parliamentary Standing Committee on Public Works is a joint parliamentary committee constituted each Parliament (s 7). Its membership is set at nine members: three senators and six members of the House of Representatives (s 7(3)). The Committee may appoint Sectional Committees of three or more members to inquire into particular matters (s 10).

Referral and timing: A motion in either House may refer a public work to the Committee for consideration and report (s 18(1)). If a public work is referred, it cannot be commenced until the Committee has reported to both Houses and the House of Representatives has resolved it is expedient to proceed (s 18(5),(7)). There are exceptions: if the House of Representatives passes a resolution to allow immediate commencement for urgent works (s 18(8)(b)), the Governor‑General orders for defence purposes (s 18(8)(c)), or where the work is declared a repetitive work under s 18(8A).

Monetary trigger: The Act creates a threshold amount for the requirement that certain works be referred (s 18(8)). The default threshold is stated as $15,000,000 (s 18(9)(a)), but the regulations may specify a different amount (s 18(9)(b)). Where estimated cost exceeds the threshold, referral requirements apply unless an exception operates.

Inquiry powers and evidence: The Committee's functions include taking evidence on oath (s 20), summoning witnesses and documents (s 21), issuing warrants for failure to attend (s 22), and appointing assessors with technical qualifications (s 26). Evidence may be taken in public or private; private evidence is subject to restrictions on disclosure and publication and carries a penalty for unauthorised disclosure (s 23).

Penalties and enforcement: The Act criminalises non‑attendance, refusal to be sworn, refusal to answer, refusal to produce documents, dissuading witnesses, disclosure of private evidence, giving false evidence (s 31), and mistreatment of witnesses (s 32). Chapter 2 of the Criminal Code applies to offences under the Act (s 5A). Prosecutions may be brought summarily or on indictment, with procedural rules for summary jurisdictions (s 33).

Regulation and discretion: The Governor‑General may make regulations to give effect to the Act (s 40). Regulations can prescribe matters left to regulation in the definitions (work/public work) and provide for fees and expenses for assessors and witnesses. For certain regulatory declarations (those affecting the definition of work or public work), the Governor‑General must take into account recommendations made to the Minister by the Committee (s 40(2)).

Coverage of authorities and exclusions: The Act applies to authorities of the Commonwealth subject to exceptions in s 6A(2). The Governor‑General may make regulations to exclude an authority if satisfied the authority is competing commercially with other bodies; specific authorities are explicitly excluded (Parliament House Construction Authority; ACT tertiary education authorities) (s 6A(2)-(3)).

Administrative transparency: The Committee must keep full minutes (s 15) and lay an annual report to each House within a set timeframe after 31 December (s 16). Sectional Committee reports and evidence are to be presented to the Committee (s 11(3)).

Primary public actors: The Act primarily affects the Commonwealth executive, Commonwealth authorities, and Parliament. Any work that falls within s 5AA, which includes works where parliamentary appropriations are proposed to be expended by the Commonwealth or by an applicable authority, is subject to referral, inquiry and reporting mechanisms under the Act (s 5AA(2)-(3),(5)). The Minister must provide statements and plans when a motion referring a work is moved in either House (s 18(3)). The Governor‑General retains executive discretion to refer works when Parliament is not sitting (s 18(4)) and to declare works repetitive under s 18(8A) following Committee agreement.

Commonwealth authorities: Authorities of the Commonwealth are within the Act’s scope unless excluded under s 6A(2). The Act expressly excludes certain bodies, and s 6A(3) allows the Governor‑General to declare an authority excluded where the authority competes commercially. This affects state bodies, government business enterprises, statutory corporations and other authorities considering capital works, because an excluded authority need not have its works referred under the Act.

Parliamentarians: Membership and participation obligations affect members appointed to the Committee and Sectional Committees. Eligibility restrictions bar Ministers and certain Presiding Offices from appointment to the Committee (s 7(5)). Members must subscribe the Schedule declaration before performing duties (s 8). The Committee must be constituted each Parliament and members hold office at the pleasure of the appointing House (s 7(1),(6)-(7)).

Contractors and private sector bidders: Persons and firms contemplating tendering for Commonwealth works are affected indirectly. The requirement that works above the threshold be referred and not commenced until parliamentary consideration (s 18(8)) imposes timing uncertainty on procurements. Repetitive works may be declared (s 18(8A)), which can reduce repeated referral costs for standardised procurements once agreed with the Committee.

Local communities and land occupiers: The Committee may enter and inspect land and premises with notice as provided in the regulations (s 27). Occupiers of land targeted by proposed works should anticipate inspections and evidence gathering. For overseas works, the Committee’s ability to call persons outside Australia is limited (s 18B).

Witnesses and assessors: Individuals summoned to give evidence, including Commonwealth officials and third parties, are subject to statutory obligations to attend, be sworn and produce documents (ss 20-21, 28-30). Assessors with engineering or local knowledge may be appointed to assist the Committee (s 26), and witnesses are protected from reprisal for participation (s 32).

Courts and prosecutorial authorities: The Act creates offences subject to the Criminal Code (s 5A) and permits summary or indictable prosecution for contraventions (s 33). Courts of summary jurisdiction are engaged in enforcing compliance and determining penalties where proceedings are brought in such courts (s 33(2)-(3)).

Administrative regulators: The Governor‑General and the Minister have roles under the Act in making referrals, declaring repetitive works, exercising regulatory powers under s 40 and considering Committee recommendations when making regulations that affect what counts as a work or public work (s 40(2), ss 18(4), 18(8A)).

Other Commonwealth statutes: The Act interacts with statutes governing the Parliamentary zone and the Australian Capital Territory (see s 5 definition referencing the Parliament Act 1974 and the Australian Capital Territory (Self‑Government) Act 1988). Entities established under those laws are treated differently under the definitions of “authority of the Commonwealth” and “inter‑governmental body” (s 5).

Who pays: Allowances for the Committee are payable from the Consolidated Revenue Fund on the Chair’s certificate and capped by s 36 (ss 35-36). Witness expenses and assessor fees are matters the Governor‑General may regulate (s 40(1)).

Duties of the Committee: The Committee’s central duty is to consider each public work referred to it and make a report to both Houses as to the expediency of carrying out the work and other matters it deems desirable (s 17(1)). It must do so “as expeditiously as is practicable” and has authority to make inquiries, receive evidence and recommend alterations to proposals to secure the most effective use of the moneys to be expended (s 17(1)-(2)). The Committee must keep full minutes of proceedings (s 15) and lay an annual report to each House within fifteen sitting days after 31 December (s 16). The Committee also controls whether inquiries are public or private and may appoint Sectional Committees to handle matters (ss 18A, 10-11).

Duties of Ministers and the Executive: When a motion is moved to refer a public work, the Minister must furnish a statement including the purpose of the work and such plans, specifications and particulars as the Minister thinks necessary (s 18(3)). The Minister may declare a work repetitive by notice in the Gazette, but only if satisfied of substantial similarity to other works and with Committee agreement (s 18(8A)). The Governor‑General may refer a work when Parliament is not sitting (s 18(4)). A public work referred to the Committee must not be commenced before the Committee reports and the House of Representatives resolves it is expedient, except in limited circumstances (ss 18(5)-(8)).

Duties of witnesses and persons summoned: The Chair or an authorised member may issue summonses to compel attendance and production of documents (s 21). A person served with a summons must not fail to appear or fail to continue in attendance as required, must not refuse to be sworn or to make an affirmation, must answer questions put by the Chair or members, and must produce documents required by the summons, subject to a defence of reasonable excuse (ss 20, 21, 28-30). There are statutory penalties for non‑compliance (see Penalties and enforcement).

Rights and protections for witnesses: Witnesses have the same protection and privileges as witnesses in proceedings in the High Court (s 25). The Act prohibits the use of violence, intimidation, or punishment of a person for appearing or giving evidence before the Committee (s 32). The Committee may, in its discretion, take evidence in private where it relates to secret or confidential matters, and private evidence is subject to non‑disclosure rules unless the witness consents or the Committee authorises publication (s 23).

Rights of members and procedural safeguards: Members are entitled to vote on questions at meetings, the presiding member has a casting vote in case of equality (s 14(2)), and where members do not vote unanimously, the minutes and the Committee’s report may record votes and abstentions on demand (s 14(3)). A quorum is required for meetings (s 13). Members must subscribe the statutory declaration before performing duties (s 8) and are subject to eligibility restrictions; Ministers and certain Presiding Officers are ineligible for appointment (s 7(5)).

Powers to compel and protect evidence: The Committee can take evidence on oath (s 20), summon witnesses and documents (s 21), issue warrants for apprehension if a person fails to attend after being summoned and being tendered conveyance costs (s 22), and enter land or premises with notice under the regulations (s 27). These powers are accompanied by protections against retaliation and by criminal sanctions for false evidence (ss 22, 31, 32).

Regulatory duties and interaction with the Committee: The Governor‑General may make regulations prescribing matters necessary for implementing the Act including fees and expenses for assessors and witnesses (s 40(1)). For regulations that affect the definition of work or public work, the Governor‑General must consider Committee recommendations made to the Minister (s 40(2)), creating a consultative requirement before certain regulatory changes.

Financial duties: The Chair certifies allowances payable to Committee members, which are payable out of the Consolidated Revenue Fund and subject to an annual cap (ss 35-36). The Act requires adherence to the cap in s 36, currently fixed at Thirty thousand dollars, as the limit on total annual allowance expenditure.

Jurisdictional and exclusion duties: Authorities must monitor whether the Act applies to them. The Act specifies categories of body that are and are not “authority of the Commonwealth” (s 5) and allows the Governor‑General to declare that the Act does not apply to an authority if that authority competes commercially (s 6A(3)). Authorities and the Executive must observe the Act’s referral, reporting and commencement constraints where applicable.

Overview: The Act establishes criminal offences for non‑compliance with the Committee’s lawful processes and for misconduct related to evidence and witnesses. It makes Chapter 2 of the Criminal Code applicable to offences under the Act (s 5A). Prosecutions may be brought summarily or on indictment, subject to limitations and procedural rules set out in s 33.

Specific offences and penalties:

Unauthorised disclosure of private evidence and publication: Section 23 prescribes restrictions on disclosure or publication of evidence taken in private. The provision carries a penalty stated at the end of the section: imprisonment for 12 months or 4 penalty units.
Failure to obey a summons: Under s 28(1), a person served with a summons shall not fail to appear or fail to continue in attendance. The penalty is imprisonment for 12 months or 4 penalty units. Subsection (2) allows a defence of reasonable excuse, with the defendant bearing the legal burden on that issue (note to s 28(2), referencing the Criminal Code).
Preventing witnesses from giving evidence: Section 29 makes it an offence to dissuade or prevent a person from obeying a summons, with the same maximum penalty of imprisonment for 12 months or 4 penalty units.
Refusal to be sworn, to answer or to produce documents: Section 30 makes it an offence for a person served with a summons to refuse to be sworn or to answer questions or to produce documents required by the summons. The penalty again is imprisonment for 12 months or 4 penalty units. The same reasonable excuse qualification and legal burden note apply.
False evidence: Section 31 makes it an offence to give false evidence on oath or affirmation before the Committee. The penalty is imprisonment for five years. This is the most serious evidentiary offence in the Act.
Protection of witnesses from reprisals: Section 32 criminalises using violence, causing damage, loss or disadvantage, or inflicting punishment on a person for appearing before the Committee or for giving evidence. Penalty: imprisonment for 12 months or 4 penalty units.

Prosecution procedure: Section 33 allows offences under the Act to be prosecuted summarily or upon indictment, but prohibits punishment more than once for the same offence (s 33(1)). Where proceedings are brought in a court of summary jurisdiction, that court may commit the defendant for trial or determine the proceedings (s 33(2)). Section 33(3) places additional restrictions on summary determination for offences under s 31 (false evidence): the court shall not determine summary proceedings for that offence except with the consent of the defendant, and if the court determines the proceedings it must not impose imprisonment exceeding one year.

Enforcement mechanisms: The Committee may compel attendance by issuing summonses (s 21). Where a summoned person fails to attend after a reasonable conveyance cost has been tendered, the Chair or an authorised member may issue a warrant for apprehension permitting apprehension, bringing the person before the Committee and detention until released by the Chair or a member (s 22(1)-(3)). The person executing the warrant may break and enter to execute the warrant (s 22(4)). These powers create avenues to enforce attendance short of criminal prosecution, though criminal sanctions attach to non‑attendance and related obstructive conduct (ss 22, 28-30).

Application of the Criminal Code: Section 5A expressly applies Chapter 2 of the Criminal Code to all offences under this Act, incorporating the Criminal Code’s general principles of criminal responsibility, including matters of intent, fault and defences referenced in the Act’s notes that place legal burdens on defendants.

Public law protections: Witnesses have the same protection and privileges as High Court witnesses (s 25), and the Committee must observe confidentiality procedures when evidence is taken in private, with criminal penalties for unauthorised disclosure (s 23). The Parliamentary Papers Act implications are addressed in s 37: s 23 operates notwithstanding s 2 of the Parliamentary Papers Act, and disclosures made in accordance with s 23 are treated as publications under that Act (s 37(1)-(2)), which affects legal treatment of publications and parliamentary privilege.

Limits and constraints: The Act contains procedural constraints on prosecution in summary jurisdictions for certain offences (s 33(3)). It also provides defences of reasonable excuse for non‑attendance and refusals to be sworn or to produce documents (ss 28(2), 30(2)) with the legal burden on defendants, as noted.

Criminal Code: The Act incorporates Chapter 2 of the Criminal Code by s 5A, so general principles of criminal responsibility, definitions of fault elements and allocation of evidential and legal burdens under the Criminal Code apply to offences under this Act. This integration affects how offences such as giving false evidence (s 31) and other statutory offences are prosecuted and how mens rea and defences operate.

Parliamentary Papers Act: Section 37(1) states that s 23 (restrictions on disclosure of private evidence) has effect notwithstanding s 2 of the Parliamentary Papers Act 1908‑1963. Section 37(2) further provides that evidence taken in private which is disclosed or published in accordance with s 23 is to be treated under s 4 of the Parliamentary Papers Act as if it were a publication made under authority provided by that Act. This creates a statutory bridge between the Committee’s confidentiality regime and the Parliamentary Papers Act’s publication and protection framework.

Parliament Act and Parliamentary zone: The definition of Parliamentary zone is to be taken from the Parliament Act 1974, as noted in s 5. Section 5AA excludes works proposed within the Parliamentary zone from the definition of public work (s 5AA(c)), which interacts with regimes governing development and works within that zone under other statutes.

Australian Capital Territory (Self‑Government) Act 1988: The definition of “authority of the Commonwealth” excludes bodies established by or under an enactment within the meaning of s 3 of the A.C.T. Self‑Government Act 1988 (s 5). The legislation history and amendments also reference the Australian Capital Territory (Planning and Land Management) Act 1988 (see Endnote 3), indicating cross‑reference and transitional matters historically relevant to the Act’s operation in the ACT.

Territories law: Section 6 extends the Act to external Territories and contains exceptions for works proposed to be carried out by or for the Australian Capital Territory or the Northern Territory using Territory moneys (s 6(1)-(2)). The endnotes list Norfolk Island and subsequent territories amendments (Endnote 3), indicating historical interactions with territorial legislation.

Regulations and Governor‑General powers: Section 40 empowers the Governor‑General to make regulations not inconsistent with the Act for carrying out or giving effect to the Act, including prescribing fees and expenses for assessors and witnesses. Section 40(2) requires the Governor‑General to take into account Committee recommendations before making regulations that would affect the definition of work or public work (s 5(1)(f),(k); s 5AA(1)(b),(e)). This establishes a statutory consultation linkage between the Committee’s technical views and regulatory rule‑making.

Administrative law and executive discretion: The Governor‑General has executive authority to refer works when Parliament is not sitting (s 18(4)), to declare works repetitive after Committee agreement (s 18(8A)) and to declare that the Act does not apply to an authority if satisfied the authority competes commercially (s 6A(3)). Those executive discretions interact with administrative law principles governing the exercise of executive power, procedural fairness expectations, and possibly reviewability, though the Act itself sets out the substantive tests and procedural steps requiring Committee agreement or satisfaction.

Parliamentary procedures and privileges: The Act operates within the parliamentary framework concerning committee appointments, privileges of parliamentarians and the production of documents to parliamentary committees (Part II, ss 7-16; s 25 regarding witness privileges under High Court analogy). The Act’s requirement that the Committee lay annual reports to each House (s 16) and the manner of appointment of members (s 7(4)) are governed by the practices of each House.

Other Commonwealth statutes: The Act defines “authority of the Commonwealth” to include bodies established by enactment or by the Governor‑General or a Minister, and to exclude inter‑governmental bodies and certain ACT-created bodies (s 5). This definition will interact with the enabling statutes of those entities, particularly where those entities exercise functions involving commercial activities and could be excluded under s 6A.

Parliamentary Papers and publication law: The interaction under s 37 allows evidence lawfully disclosed under s 23 to be treated as publication under the Parliamentary Papers Act. This affects legal protections and liability for publication, and interfaces with other laws on defamation, confidentiality and national security, though those statutes are not set out in the compilation text.

No cases or judicial interpretations in the compilation: The compilation does not cite judicial decisions or provide litigation outcomes interpreting the Act. Any legal interaction with other statutes will therefore need to rely on statutory text and administrative practice rather than case law contained in this compilation.

The compilation includes an endnote chronology listing amendments and the legislative history up to the compilation date 22 March 2017 (Endnote 3 and Endnote 4). The Act has been amended repeatedly since enactment in 1969. Key amendment events shown in the compiled history include:

Public Works Committee Act 1969 (No. 92 of 1969), original enactment assented 27 September 1969 and commenced 24 November 1969 (Endnote 3).
A series of early amendments in the 1970s and 1980s, including the Public Works Committee Act 1972, 1973 and 1974, and Statute Law Revision Acts across that period (Endnote 3; Endnote 4 shows numerous amendments to Part I and Part II sections in the 1970s and early 1980s).
The addition of s 6A and related provisions in the Public Works Committee Amendment Act 1981 (No. 20, 1981), establishing the mechanism by which the Governor‑General may exclude certain Commonwealth authorities from the Act’s application and creating other structural changes to the Committee (Endnote 3; Endnote 4 notes s 6A added No. 20, 1981).
The inclusion of s 5A applying Chapter 2 of the Criminal Code appears in the Finance and Administration Legislation Amendment (Application of Criminal Code) Act 2001 (No. 109, 2001), with s 5A added in 2001 (Endnote 3; Endnote 4).
The insertion of s 5AA (defining “public work”) is recorded as an addition in 2006 by the Public Works Committee Amendment Act 2006 (No. 132, 2006) (Endnote 3; Endnote 4 notes s 5AA ad. No. 132, 2006).
Multiple amendments in later years addressed procedural, definitional and territorial matters, including amendments relating to maritime legislation (Maritime Legislation Amendment Act 2007), territorial application and Norfolk Island changes (Norfolk Island Legislation Amendment Act 2015; Territories Legislation Amendment Act 2016), periodic statute law revision and update Acts, and a Statute Update Act 2016 (Endnote 3 lists these Acts with dates and commencement particulars).
The amendment history table in Endnote 4 records, provision by provision, which amending Acts affected which sections. For example, s 18 has a long amendment history including Acts in 1973, 1974, 1981, 1982, 1983, 1985, 1989 and 2006 (Endnote 4), indicating repeated refinement of referral processes and thresholds.

Regulatory modification authority: Section 40 allows regulations to change definitional scope and to prescribe fees and matters of procedure. Endnote 4 records that the Act’s definitions and certain sections have been amended several times, reflecting ongoing legislative adjustment. The endnotes also indicate that editorial changes authorised by the Legislation Act 2003 may appear in the compilation (Endnote 1).

What the amendment history signals in statute: The recorded additions and amendments show the Act’s incremental adaptation: adding a clear “public work” definition in 2006 (s 5AA), integrating the Criminal Code in 2001 (s 5A), providing a mechanism to exclude competitive authorities in 1981 (s 6A), and repeated technical adjustments to Committee procedure and evidentiary powers. The compilation’s endnotes provide the authoritative list of amending Acts, dates of assent and commencement entries for those amendments (Endnote 3 and Endnote 4).

Limitations of the compilation: The compilation includes amendments in force as at 22 March 2017. It also notes that uncommenced amendments up to the compilation date are indicated in the endnotes and that modifications made by other laws may not be reflected in the text of the compiled law (see “About this compilation” section at the start). Users should check the Legislation Register for any amendments made after the compilation date or for details of uncommenced provisions.

The compilation does not include any judicial decisions or litigation history interpreting the Public Works Committee Act 1969. The text contains no case citations, no notes of judicial review, and no references to reported decisions construing its provisions. The endnotes (Endnotes 1-4) provide legislative and amendment history only; they do not report case law.

Consequently, this compilation does not supply litigated precedents on the Act’s provisions such as the scope of “public work”, the limits of the Committee’s subpoena or entry powers, the application of the confidentiality provisions in s 23, or the legal standard for the Governor‑General’s satisfactions under s 6A(3) and s 18(8C). Where questions of statutory interpretation, administrative law review or constitutional compatibility arise in practice, practitioners must search case law databases and subsequent legislative material beyond this compilation for judicial exposition.

The Act does, however, incorporate the Criminal Code’s Chapter 2 into offences under the Act by s 5A. Litigation concerning criminal offences under the Act would engage the Criminal Code framework and any relevant criminal procedure jurisprudence, yet no such cases are recorded in the compiled text.

If parties or practitioners require authoritative judicial interpretation, they will need to supplement the statutory text with searches of reported decisions, administrative reviews and parliamentary records not contained in this compilation.

Threshold and regulatory variability: Section 18(9) sets a threshold amount for the referral requirement, specified in the Act as $15,000,000 (s 18(9)(a)). Subsection (b) permits the regulations to specify another amount. Practitioners must not assume the $15 million figure remains fixed; they must check the regulations for any uprating or replacement of the threshold. Reliance on the default amount without consulting current regulations risks mistaken assumptions about referral obligations.

Commencement prohibition and timing risk: Once a public work has been referred, the Act forbids commencement until the Committee has reported and the House of Representatives has resolved that it is expedient to proceed (s 18(5),(7)). This creates a statutory bar to entering contracts or starting works in that period. Failure to observe the prohibition could engage criminal sanctions or administrative invalidity. However, exceptions exist: the House of Representatives may resolve urgent commencement (s 18(8)(b)), the Governor‑General may declare a defence purpose exception (s 18(8)(c)), and the Committee may agree to repetitive work declarations that avoid repeated referrals (s 18(8A)). Those procedural exceptions require careful use to avoid late-stage procurement delays.

Scope dependent on regulation and Minister/Committee discretion: The definitions of “work” and “public work” are partly statutory and partly regulatory. Sections 5 and 5AA permit the regulations to declare matters to be works or not to be works (s 5(1)(f),(k); s 5AA(1)(b),(e)). Section 40(2) requires the Governor‑General to consider Committee recommendations before making regulations for those purposes, but the final regulatory power remains executive. This means scope can change by subordinate instrument and practitioners must watch regulations and any Committee recommendations.

Governor‑General’s power to exclude authorities that compete commercially: Section 6A(3) allows the Governor‑General to make regulations declaring the Act does not apply to an authority if satisfied it engages in trading or activities in competition. The mechanism creates potential substantive carve‑outs for government business enterprises or statutory bodies that compete commercially. An authority’s exposure to the Act can therefore change by regulation, which may create legal uncertainty for bodies close to the dividing line between public and commercial functions.

Confidentiality traps: The Act permits private evidence and protects confidentiality (s 23). However, the Committee can, in its discretion, disclose private evidence (s 23(6)). If private evidence is given at a witness’s request, disclosure requires the witness’s written consent (s 23(4)). Unauthorised disclosure is a criminal offence with a custody or penalty unit sanction listed in s 23. Entities handling Committee evidence must ensure they understand whether evidence was taken in public or private and secure consents where needed before any disclosure, or risk criminal liability.

Executive referral when Parliament is not sitting: The Governor‑General may refer works to the Committee when Parliament is not in session or the House of Representatives is adjourned for more than a month (s 18(4)). This means works can be referred during periods when parliamentary oversight is not otherwise active, potentially delaying projects during recess periods and introducing timing complexities for project planning.

Warrants with power to break and enter: Warrants issued under s 22 permit the person executing the warrant to break and enter a building, place, vehicle or vessel to execute the warrant (s 22(4)). That power is significant and likely to raise search and seizure concerns in practice. Any execution should be attentive to related criminal procedure rules and property rights considerations.

Evidence from prior Committees treated as Committee evidence: Evidence taken by predecessor committees under earlier statutory regimes is deemed evidence taken by the current Committee for purposes of the Act and of the Parliamentary Papers Act (s 38). This affects reliance on past evidence in current inquiries and may prevent relitigation on evidentiary grounds, but practitioners should verify how such evidence was originally taken (public/private) as the same confidentiality rules may apply (s 38).

Annual allowances cap appears dated: Section 36 caps total annual allowance payments to members at Thirty thousand dollars. The figure appears small by modern standards and may have been subject to later adjustment by amendment or by regulation. Users must check the current legal settings, as the compiled figure may not reflect contemporary practice or regulation.

Limitation on meetings outside Australia: The Committee may meet at places within Australia or an external Territory but shall not meet at any place outside Australia and the external Territories (s 12(1)). For public works outside Australia, the Committee may consider plans, models and statements but cannot compel attendance of persons outside Australia (s 18B). This limits the Committee’s fact‑gathering options for overseas works.

Procedural eligibility and quorum constraints: Eligibility rules bar Ministers and certain presiding officers from Committee membership (s 7(5)), and a quorum is five members (s 13). If the Committee is short of members or the appointing House delays appointments, the ability to proceed may be curtailed. However, the Act provides that exercise of a power is not invalidated by vacancies (s 7(12)), reducing some operational risk.

No litigation guidance in compilation: The absence of case law, precedents or judicial interpretations in the compilation means that ambiguities in the Act (for example, the standard for “expediency” in s 17, or the Governor‑General’s satisfaction under s 6A(3)) are not clarified by the text. Practitioners should anticipate the need to test statutory questions in other sources if adversarial disputes arise.

Determine whether the project is a public work: Begin with the statutory definitions. Assess whether the project fits the definition of “work” under s 5 (construction, alteration, plant installation, demolition, land development and related activities) and then whether it falls within s 5AA as a “public work” , that is, whether the Commonwealth or an applicable authority proposes to expend moneys appropriated by Parliament or proposes to become owner and Parliament moneys are to be expended (s 5AA(2)-(5)). Check whether the project falls into statutory exclusions such as works within the Parliamentary zone or assistance to an overseas country (s 5AA(c),(d)). Consult the regulations to confirm whether any matter has been added to or excluded from the statutory concepts (s 5AA(1)(b),(e); s 40).

Check threshold and regulation settings: If the estimated cost could exceed the threshold amount, confirm the current threshold in the regulations. Section 18(9) states the threshold is $15,000,000 as the statute default, but s 18(9)(b) permits a different amount to be specified by regulation. Consult the current regulations to determine whether referral to the Committee is triggered.

Avoid premature commencement: If a public work has been referred to the Committee, do not commence the work until the Committee’s report has been presented to both Houses and the House of Representatives has resolved it is expedient to carry out the work (ss 18(5),(7)). If immediate commencement is essential, secure a House resolution providing for urgent commencement (s 18(8)(b)) or ascertain whether a Governor‑General defence declaration under s 18(8)(c) applies. For repetitive standard works, consider seeking a repetitive work declaration under s 18(8A) with Committee agreement to avoid repetitive referral.

Prepare materials for referral and inquiry: If a motion to refer is to be moved, the Minister must furnish a statement and such plans, specifications and particulars as the Minister thinks necessary (s 18(3)). Assemble clear purpose statements, cost estimates (prepared once particulars affecting cost have been determined, cf. s 18(9) definition of estimated cost), technical plans and supporting documentation in anticipation of Committee scrutiny under s 17. Be ready to address the Committee’s statutory considerations: suitability for purpose, necessity or advisability, effective use of moneys, revenue‑producing expectations where applicable, and present and prospective public value (s 17(3)).

Manage witnesses and documentary requirements: If officials or third parties are summoned, ensure compliance with s 21 summonses. A person served must attend, remain in attendance unless excused, be sworn or make an affirmation (s 20), answer questions from the Chair or members, and produce documents specified in the summons, subject to reasonable excuse (ss 20, 21, 28-30). Provide legal support to witnesses to advise on privileges, defences, and the legal burden on reasonable excuse where relevant.

Handle confidentiality and private evidence with care: If sensitive information is involved, consider requesting that the inquiry be held in private or requesting that particular documents be treated as confidential under s 23(2). Obtain written consent of witnesses before disclosure where necessary (s 23(4)). If evidence has been taken in private, ensure it is not disclosed or published without the witness’s consent or the Committee’s written authority to avoid criminal liability (s 23(4)-(6)).

Comply with entry and inspection notice requirements: If the Committee seeks to exercise powers to enter and inspect land, buildings or places, ensure the occupier receives notice in accordance with the regulations (s 27). For occupiers or landowners, verify the procedural notice requirements set by the regulations to ensure lawful entry.

Engage assessors appropriately: If appointment of assessors is expected (s 26), appoint persons with requisite engineering, technical, or special local knowledge as required by s 26(2). Prepare to fund assessor fees and witness expenses; the Governor‑General may prescribe fees and expenses by regulation under s 40(1).

Monitor regulations and Committee recommendations: For authorities and departments, stay aware of regulations that alter the definitions of work or public work or change thresholds or exclusions. Section 40(2) requires that for certain regulatory changes the Governor‑General take into account Committee recommendations to the Minister, so engaging proactively with the Committee can influence regulatory outcomes.

Manage political and parliamentary processes: Because a motion in either House can refer a work (s 18(1)), anticipate parliamentary activity and be ready to respond quickly when a referral motion is moved. Ensure that ministers and officials are prepared to present the required statement, plans and particulars in the House where the motion is moved (s 18(3)). When seeking a repetitive work declaration, secure Committee agreement as required by s 18(8A).

Budget for time and contingency: Factor Committee inquiry time into project schedules and procurement timetables. The Committee is required to act “as expeditiously as is practicable” (s 17(1)) but practical delays can occur. Where urgent commencement is necessary, plan for the House resolution mechanism (s 18(8)(b)) or seek early discussions with the Committee about repetitive work declarations.

Ensure compliance with criminal and evidentiary obligations: Train staff on obligations under ss 28-31, including attendance and truthful evidence obligations. Be alert to the severe penalty for false evidence (s 31 , five years’ imprisonment) and to the protections against reprisals for witnesses (s 32). Legal counselling is advisable for officials likely to be called as witnesses.

Account for allowances and financial limits: If involved in Committee service, note that allowances are payable from the Consolidated Revenue Fund upon the Chair’s certificate (s 35), and that s 36 caps total annual allowance payments, currently stated as Thirty thousand dollars. Verify whether the cap has been amended or replaced in regulations or subsequent legislation.

Record keeping and transparency: Maintain documentation and records of Committee interactions, minutes, statements provided, and any communications about confidentiality requests to ensure accurate recordkeeping as s 15 requires the Committee to keep full minutes, and s 16 requires annual reporting.

Where litigation risk arises: Because the compilation contains no judicial guidance, consult up‑to‑date case law and consider administrative law review risks when the Governor‑General exercises discretion under s 6A(3) or s 18(4) or when the Committee determines confidentiality or public disclosure under s 23. If required, seek legal advice on potential judicial review avenues and evidentiary strategies.

In short, compliance is achieved by (1) correctly categorising the project under the Act’s definitions and regulations, (2) observing referral and non‑commencement rules, (3) preparing required documentation for parliamentary referral, (4) cooperating with Committee evidentiary processes while protecting legitimately confidential material, and (5) monitoring regulations and Committee interactions that may alter scope or thresholds.

Public Works Committee Act 1969

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