Summary
Amendment regulation under the Fair Work (Building Industry) Act 2012 that amended the Building and Construction Industry Improvement Regulations 2005. It updated nomenclature from 'Building and Construction Industry Improvement' to 'Fair Work (Building Industry)', streamlined regulatory provisions, and established the examination notice regime including forms for compelling information production, document production, and attendance at examinations. The regulation also set out witness expense allowances (travelling, accommodation, attendance, and legal costs) for those required to attend examinations before the Director of the Fair Work Building Industry Inspectorate. Penalties for non-compliance included up to 6 months imprisonment and/or fines. The instrument was repealed on 19 March 2014, having been in force only from 1 June 2012.
Reason
This regulation exemplifies government overreach in the building and construction sector. The examination notice regime compels individuals to produce documents, give information, or attend interrogations under threat of imprisonment - creating a culture of regulatory intimidation that distort voluntary commercial relations. While ostensibly addressing contraventions, the regime imposes disproportionate compliance costs: legal representation expenses, administrative burden, travel/accommodation costs for compelled examinations, and opportunity costs of detained workers. The $2,000 travelling allowance cap and Legal allowance based on Federal Magistrates Court Rules indicate the state was fully aware these proceedings impose real costs on citizens. Critically, the regulation was already repealed in 2014 as spent legislation - demonstrating it was temporary and non-essential. Its deletion would remove barriers to voluntary contracting and reduce compliance costs in an industry already burdened by approval timelines and red tape. The repeal by Employment (Spent and Redundant Instruments) Repeal Regulation 2014 confirms the assessment that this instrument's continued existence serves no necessary purpose.