7th Sep 2022, 6:12 PM – Senate Regulations and Determinations - Code for the Tendering and Performance of Building Work Amendment Instrument 2022 - Disallow

The majority voted against a motion introduced by WA Senator Michaelia Cash (Liberal), which means it failed. It was a motion to disallow (meaning, stopping it from being law) the Code for the Tendering and Performance of Building Work Amendment Instrument 2022. This means the Instrument will remain in force.

Motion text

That the Export Control (Animals) Amendment (Northern Hemisphere Summer Prohibition) Rules 2022, made under the Export Control Act 2020, be disallowed [F2022L00537].

What does this Instrument do?

According to the explanatory memorandum:

Until the BCIIP Act [i.e., the Building and Construction Industry (Improving Productivity) Act 2016] is repealed, it is not possible to repeal the Building Code 2016. As an interim measure, the Code for the Tendering and Performance of Building Work Amendment Instrument 2022 (the Amendment Instrument) amends and streamlines the Building Code 2016 to remove the majority of the requirements it currently imposes, leaving only those that section 34 of the BCIIP Act requires and certain transitional measures. It also removes the ABC Commissioner’s role under the Building Code 2016 in relation to granting exemptions and recommending exclusion sanctions. This is a swift and measured step towards the Government’s election commitment of repealing the Building Code 2016 and abolishing the ABCC, to the extent possible under the BCIIP Act until that Act is repealed. Further, removing most of the obligations on building contractors and building industry participants will remove unnecessary regulation.