
Publication
ESG and internal investigations: New compliance challenges
As ESG concerns have come to the forefront in different jurisdictions, the scope of these inquiries is expanding in kind.
Author:
Australia | Publication | July 2022
This article is co-authored with Jonathan McMillan.
The Code for the Tendering and Performance of Building Work 2016 (Code) has been significantly amended by the Code for the Tendering and Performance of Building Work Amendment Instrument 2022 (Amendment), which came into effect on 26 July 2022.
Key takeaways
The Amendment has removed the majority of the substantive requirements from the Code. This has a significant impact on funding and procuring entities and tenderers (including tenderer subcontractors) in the procurement and delivery of Commonwealth funded building work. Tender documents and contracts will need to be revised to reflect the reduced requirements.
What has been removed?
A number of substantive tendering and building work provisions in the Code have been removed including, but not limited to, the following:
What remains
The following provisions will continue to remain in effect:
If you have any questions about drafting or how your project’s tender, procurement or contract finalisation process might be affected, please contact our team.
Publication
As ESG concerns have come to the forefront in different jurisdictions, the scope of these inquiries is expanding in kind.
Publication
In compliance with the constitutional reforms published in the Federal Official Gazette, new secondary legislation regulating the energy sector, specifically in terms of power and hydrocarbons, was published on March 18, 2025.
Publication
In compliance with the constitutional reforms published in the Federal Official Gazette, new secondary legislation regulating the energy sector, specifically in terms of power and hydrocarbons, was published on March 18, 2025.
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