[Note: Clause only required if Commonwealth funding is applicable to the project.]
(a) (Compliance): Project Co:
(i) declares as at the date of this Deed; and
(ii) must ensure that at all times,
in relation to the Commonwealth Funded Building Work that is the subject of this Deed, that it and its Subcontractors (who are either "Building Contractors" or "Building Industry Participants" under the Building Act 2016):
(iii) comply with the Building Code 2016;
(iv) are not subject to an Exclusion Sanction;
(v) have not had an adverse decision, direction or order made by a court or tribunal for a breach of the Building Act 2016, a building law, work health and safety law or competition and consumer law designated under the Building Act 2016 which has not been stayed or revoked and for which the period for compliance has expired without it or its Subcontractors having complied with the decision, direction or order;
(vi) will only use products that comply with the relevant Australian standards published by, or on behalf of, Standards Australia;
(vii) unless approved otherwise by the ABC Commissioner, are not excluded from performing Building Work funded by an Australian State or territory government; and
(viii) where:
A. the Commonwealth's contribution to the Project is at least $5,000,000 and represents at least 50% of the total construction project value; or
B. the Commonwealth's contribution to the Project is at least $10,000,000 irrespective of its proportion of the total construction project value,
comply with the Workplace Relations Management Plan.
(b) (No relief): Compliance with the Building Code 2016 does not relieve Project Co from responsibility to perform this Deed, or from liability for any defect arising from compliance with the Building Code 2016.
(c) (Breach): Project Co must:
(i) notify the ABCC of any breach or suspected breach of the Building Code 2016 as soon as practicable, but no later than 2 Business Days after becoming aware of the breach or suspected breach, and of the steps proposed to be taken to rectify the breach; and
(ii) if it notifies the ABCC of a breach or a suspected breach of the Building Code 2016 under clause 57.3(c)(i), immediately notify the State in writing.
(d) (ABC Commissioner and ABCC): Project Co acknowledges the powers and functions of the ABC Commissioner and the ABCC under the Building Act 2016 and the Building Code 2016 and will ensure that it and its Subcontractors comply with any requests made by the ABCC and the ABC Commissioner within those powers and functions, including:
(i) requests for entry under section 72 of the Building Act 2016;
(ii) requests to interview any person under section 74 of the Building Act 2016;
(iii) requests to produce records or documents under sections 74 and 77 of the Building Act 2016; and
(iv) requests for information concerning matters relating to the Building Code 2016 under subsection 7(c) of the Building Code 2016.
(e) (Subcontracting): Project Co must not enter into a Subcontract for any of the Commonwealth Funded Building Work that is the subject of this Deed:
(i) where the Subcontractor is covered by or has any Related Entities covered by, an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code 2016;
(ii) unless the Subcontractor has submitted a declaration of compliance, including the further information outlined in the attachment to the declaration of compliance, in substantively the same form as the model declaration of compliance applicable to contractors and subcontractors in relation to the Building Code 2016; and
(iii) unless the Subcontract contains clauses in substantively the same form as the model contract clauses applicable to contractors and subcontractors in relation to the Building Code 2016.
(f) (Subcontractor's declaration of compliance): Project Co must provide the State and the ABCC with any declaration of compliance referred to in clause 57.3(e)(ii) on request.