Document ID: chunk:federal_register_of_legislation:F2019C00873:body:0:p11
Version: federal_register_of_legislation:F2019C00873
Segment Type: other
Provision Reference: 
Character Range: 25060–28083

recipient must repay to the Commonwealth an amount equal to so much of the payment as the Secretary or delegate specifies in the notice.

Part 9: Compliance with other laws
Building Code
9.1 A funding recipient that spends a Roads to Recovery Payment on building work described in Schedule 1 to the Building Code must:
(a) if the building work is carried out by the funding recipient—comply with the Building Code to the extent that the Building Code binds the funding recipient; and
(b) if the building work is carried out by a building contractor—take all reasonable measures to ensure that the building contractor complies with the Building Code.
9.2 In clause 9.1:
Building Code means the Code for the Tendering and Performance of Building Work 2016, as in force from time to time;
building contractor has the same meaning as in the Building Code;
building work has the meaning given by section 6 of the Building and Construction Industry (Improving Productivity) Act 2016.
Note: The Building Code applies to construction projects indirectly funded by the Australian Government through grant or other programs where:
the Australian Government funding contribution to the project is at least $5 million and represents at least 50 per cent of the total construction project value; or
the Australian Government funding contribution to the project is $10 million or more.
For further information on the Building Code, refer to: https://www.abcc.gov.au/building-code or contact the Building Code Hotline on 1800 003 338.
Australian Government Building and Construction OHS Accreditation Scheme
9.3 A funding recipient that spends a Roads to Recovery Payment on building work to which subsection 43(4) of the Building and Construction Industry (Improving Productivity) Act 2016 applies must not enter into a contract for the building work with a builder who is not an accredited person.
9.4 In clause 9.3:
accredited person has the meaning given by section 5 of the Building and Construction Industry (Improving Productivity) Act 2016;
builder has the meaning given by subsection 43(8) of the Building and Construction Industry (Improving Productivity) Act 2016;
building work has the meaning given by section 6 of the Building and Construction Industry (Improving Productivity) Act 2016;
Note:  Under the Building and Construction Industry (Improving Productivity) Act 2016 and the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016, Australian Government agencies can only fund building work when, subject to certain value thresholds, an accredited builder is engaged as the head contractor. This scheme, known as the Australian Government Building and Construction OHS Accreditation Scheme (the Scheme), extends to building work that is indirectly funded by the Australian Government.
For further information on the Scheme, refer to: http://www.fsc.gov.au/sites/fsc/needaccredited/accreditationscheme/pages/theaccreditationscheme or contact the Federal Safety Commissioner Assist Line