Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_326
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 326
Character Range: 107783–110134

326  Compliance notices
(1) This item applies if:
 (a) a compliance notice was in force under section 99 of the Building and Construction Industry (Improving Productivity) Act 2016 immediately before the transition time; and
 (b) the notice relates to a contravention of:
 (i) a provision; or
 (ii) a term; or
 (iii) a direction;
  covered by a paragraph of subsection 716(1) of the Fair Work Act 2009.
(2) The Fair Work Act 2009 has effect, after the transition time, as if:
 (a) the notice had been given by a Fair Work Inspector under subsection 716(2) of that Act; and
 (b) in a case where the notice complied with subsection 99(2) of the Building and Construction Industry (Improving Productivity) Act 2016—the notice had complied with subsection 716(2) of the Fair Work Act 2009; and
 (c) in a case where the notice complied with subsection 99(3) of the Building and Construction Industry (Improving Productivity) Act 2016—the notice had complied with subsection 716(3) of the Fair Work Act 2009.

Review of notice
(3) If an application was made before the transition time under section 100 of the Building and Construction Industry (Improving Productivity) Act 2016 for a review of the notice, then, despite the repeal of that section by this Part, that section continues to apply, in relation to the notice, as if that section had not been repealed.
(4) Subitem (3) does not, by implication, limit section 717 of the Fair Work Act 2009.

Relationship with civil remedy provisions
(5) A Fair Work Inspector must not apply for an order under Division 2 of Part 4‑1 of the Fair Work Act 2009 in relation to a contravention of a civil remedy provision by a person if:
 (a) the notice relates to the contravention; and
 (b) either of the following subparagraphs applies:
 (i) the notice has not been withdrawn, and the person has complied with the notice;
 (ii) the person has made an application under section 100 of the Building and Construction Industry (Improving Productivity) Act 2016 in relation to the notice that has not been completely dealt with.
(6) Subitem (5) does not, by implication, limit subsection 716(4A) of the Fair Work Act 2009.
(7) For the purposes of this item, Fair Work Inspector includes the Fair Work Ombudsman in the Fair Work Ombudsman's capacity as a Fair Work Inspector under section 701 of the Fair Work Act 2009.