Document ID: chunk:federal_register_of_legislation:F2023C00779:clause:1_26:p1
Version: federal_register_of_legislation:F2023C00779
Segment Type: clause
Provision Reference: sch 1 cl 26 (pt 1/2)
Character Range: 25305–27961

26  Prescribed building work
  For the purposes of subsection 43(4) of the Act, the following building work is prescribed:
 (a) building work carried out outside Australia;
 (b) building work that:
 (i) is carried out under a contract with a value of less than $4,000,000; and
 (ii) forms part of a project that is directly funded by the Commonwealth or a corporate Commonwealth entity;
 (c) building work that forms part of a project that is indirectly funded by the Commonwealth or a corporate Commonwealth entity, unless:
 (i) the building work is carried out under a contract with a value of at least $4,000,000; and
 (ii) the contribution made to the funding of the project by the Commonwealth or a corporate Commonwealth entity is at least $6,000,000, and represents at least 50% of the total funding;
 (d) building work that forms part of a project that is indirectly funded by the Commonwealth or a corporate Commonwealth entity, unless:
 (i) the building work is carried out under a contract with a value of at least $4,000,000; and
 (ii) the contribution made to the funding of the project by the Commonwealth or a corporate Commonwealth entity is at least $10,000,000;
 (e) building work for which both of the following conditions are met:
 (i) the building work forms part of a project to support the operations of an intelligence or security agency;
 (ii) a Minister, who administers the provision of the Act under which the agency exists or the Department that the agency forms part of, has determined in writing that disclosing the connection of the Commonwealth with the work or project would prejudice security;
 (f) building work carried out by a subcontractor;
 (g) building work that forms part of a project and is carried out in the following circumstances:
 (i) the project is undertaken by a joint venture;
 (ii) the building work is carried out, in whole or in part, by a builder who is not an accredited person;
 (iii) an accredited person in the joint venture (the accredited member) has given an undertaking, in writing, to take full responsibility for WHS for the life of the project;
 (iv) the accredited member has given an undertaking, in writing, that the building work will be carried out in accordance with its WHSMS for the life of the project;
 (v) each builder who is not the accredited member and who carries out the building work, in whole or in part, has given an undertaking, in writing, that the builder will carry out the building work in accordance with the accredited member's WHSMS for the life of the project;
 (vi) each builder who is not the accredited member and who carries out the building work has given