Fair Trading (Building and Construction Industry Dispute Resolution Code) Regulations 2017 (SA)

South Australia Fair Trading (Building and Construction Industry Dispute Resolution Code) Regulations 2017 under the Fair Trading Act 1987

Contents 1 Short title 2 Commencement 3 Interpretation 4 Prescription of building and construction industry and building and construction industry participants 5 Prescription of code 6 Contravention of code subject to civil penalty 7 Fee for mediation under code Schedule 1—Building and Construction Industry Dispute Resolution Code 1 Short title 2 Interpretation 3 Application of code 4 Dispute resolution Legislative history

1—Short title These regulations may be cited as the Fair Trading (Building and Construction Industry Dispute Resolution Code) Regulations 2017. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations— Act means the Fair Trading Act 1987; civil penalty contravention has the same meaning as in Part 7 Division 3A of the Act; code means the Building and Construction Industry Dispute Resolution Code 2017 set out in Schedule 1; Commissioner means the Small Business Commissioner; construction contract, construction work and related goods and services have the same respective meanings as in the Building and Construction Industry Security of Payment Act 2009. 4—Prescription of building and construction industry and building and construction industry participants For the purposes of Part 3A of the Act— (a) the building and construction industry is taken to be an industry; and (b) the following are taken to be participants in the building and construction industry: (i) a person carrying on— (A) a business in the building and construction industry; or (B) a business having a connection to the building and construction industry; or (C) a business involving the supply of goods or services to persons involved in the building and construction industry if the supply occurs in connection with the carrying on of a business in the building and construction industry; (ii) without limiting subparagraph (i), a person who has undertaken— (A) to carry out construction work under a construction contract; or (B) to supply related goods and services under a construction contract. 5—Prescription of code (1) The code is prescribed as an industry code for the purposes of Part 3A of the Act. (2) The Small Business Commissioner is responsible for the administration of the code and for the administration of Part 3A of the Act in relation to the code. 6—Contravention of code subject to civil penalty (1) A contravention of section 28E of the Act constituted of a contravention of the code is to be subject to a civil penalty under Part 7 Division 3A of the Act. (2) The expiation fee for an alleged civil penalty contravention involving an alleged contravention or attempted contravention of the code is— (a) in the case of a body corporate—$4 000; and (b) in the case of a natural person—$500. 7—Fee for mediation under code (1) If an authorised officer arranges for mediation of a dispute under the code with the agreement of the parties to the dispute, each of the parties must pay a fee of $195 for each day, or part of a day, on which the mediation occurs. (2) A fee payable by a person under subregulation (1) is recoverable as a debt due to the Crown. (3) The Commissioner may waive a fee payable by a person under subregulation (1) if satisfied that it is appropriate to do so in a particular case.