Document ID: chunk:federal_register_of_legislation:C2023C00358:section:43
Version: federal_register_of_legislation:C2023C00358
Segment Type: section
Provision Reference: s 43
Character Range: 23824–26146

43  WHS Accreditation Scheme for Commonwealth building work

Accreditation scheme
 (1) The rules may prescribe an accreditation scheme, to be known as the Work Health and Safety Accreditation Scheme, for persons who wish to carry out building work funded by the Commonwealth or a corporate Commonwealth entity.
 (2) The rules must provide for the Federal Safety Commissioner to be the accrediting authority under the scheme.
 (3) The rules may prescribe fees for applications made under the rules.

Commonwealth building work to be carried out by accredited persons
 (4) The Commonwealth or a corporate Commonwealth entity must not fund building work unless:
 (a) contracts for the building work will be entered into with builders who are accredited persons; and
 (b) at the time of the funding, the Commonwealth or corporate Commonwealth entity takes appropriate steps to ensure that builders will be accredited persons when they carry out the building work.
This subsection does not apply to building work prescribed by the rules.
 (5) For the purposes of this section, the Commonwealth or a corporate Commonwealth entity funds building work if it:
 (a) pays for, or otherwise funds or finances, the building work (whether directly or indirectly); or
 (b) facilitates the carrying out of the building work by entering into, or otherwise funding or financing (whether directly or indirectly), a pre‑construction agreement that relates to the building work.
 (6) If another provision of a law of the Commonwealth is inconsistent with subsection (4), subsection (4) prevails to the extent of the inconsistency unless the other provision expressly refers to this section.
 (7) Failure to comply with subsection (4) does not affect the validity of anything done by the Commonwealth or a corporate Commonwealth entity in relation to building work.

Definitions
 (8) In this Act:
builder, in relation to building work, means a person who carries out any of the building work.
pre‑construction agreement means an agreement to lease or transfer land, a building or a part of a building on the condition, or on conditions that include the condition, that building work will be carried out on the land, the building or the part of the building.

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