Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_325
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 325
Character Range: 106515–107783

325  Investigations
(1) If:
 (a) before the transition time, the Australian Building and Construction Commissioner commenced an investigation of a suspected contravention by a building industry participant of:
 (i) the Fair Work Act 2009; or
 (ii) the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or
 (iii) a Commonwealth industrial instrument; and
 (b) the investigation is pending immediately before the transition time;
the investigation may be continued by the Fair Work Ombudsman, or a Fair Work Inspector, after the transition time as an investigation under the Fair Work Act 2009.
(2) If:
 (a) before the transition time, the Australian Building and Construction Commissioner commenced an investigation of a suspected contravention by a building industry participant of:
 (i) the Building and Construction Industry (Improving Productivity) Act 2016; or
 (ii) the Independent Contractors Act 2006; or
 (iii) the Building Code; and
 (b) the investigation is pending immediately before the transition time;
the investigation is discontinued at the transition time.
(3) This item does not, by implication, limit the power of the Fair Work Ombudsman, or a Fair Work Inspector, to commence an investigation under the Fair Work Act 2009.