Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_330
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 330
Character Range: 112687–115103

330  Confidentiality of information obtained under an examination notice etc.
(1) Despite the repeal of section 106 of the Building and Construction Industry (Improving Productivity) Act 2016 by this Part, that section continues to apply, in relation to protected information that was disclosed or obtained:
 (a) under an examination notice issued before the transition time; or
 (b) at an examination conducted before the transition time;
as if:
 (c) that section had not been repealed; and
 (d) each reference in that section to a designated official were read as a reference to any of the following:
 (i) the Fair Work Ombudsman;
 (ii) a member of the staff of the Office of the Fair Work Ombudsman;
 (iii) a person assisting the Fair Work Ombudsman under section 698 of the Fair Work Act 2009;
 (iv) a person engaged as a consultant under section 699 of the Fair Work Act 2009;
 (v) a Fair Work Inspector; and
 (e) each reference in that section to the ABC Commissioner's functions were read as a reference to the Fair Work Ombudsman's functions; and
 (f) each reference in that section to the ABC Commissioner's powers were read as a reference to the Fair Work Ombudsman's powers; and
 (g) each reference in that section to official employment were read as including a reference to appointment as a Fair Work Inspector; and
 (h) the reference in paragraph (6)(a) of that section to a report referred to in section 18 or 20 of the Building and Construction Industry (Improving Productivity) Act 2016 were read as a reference to a report referred to in section 685 or 686 of the Fair Work Act 2009; and
 (i) the reference in paragraph (6)(b) of that section to section 107 of the Building and Construction Industry (Improving Productivity) Act 2016 were read as a reference to section 714A of the Fair Work Act 2009.
(2) Despite the repeal of:
 (a) the definition of protected information in section 5 of the Building and Construction Industry (Improving Productivity) Act 2016; and
 (b) item 18 of Schedule 2 to the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016;
by this Part, that definition and that item continue to apply, in relation to section 106 of the Building and Construction Industry (Improving Productivity) Act 2016 (as that section continues to apply in accordance with subitem (1) of this item), as if that definition and that item had not been repealed.