Document ID: chunk:federal_register_of_legislation:C2006A00132:clause:1_5aa
Version: federal_register_of_legislation:C2006A00132
Segment Type: clause
Provision Reference: sch 1 cl 5AA
Character Range: 1240–3379

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:
 (c) a work that is proposed to be carried out within the Parliamentary zone; or
 (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.