Compliance with Local Jobs First
4A Compliance with Local Jobs First
S. 4A(1) amended by No. 31/2025 s. 41(2), substituted by No. 31/2025 s. 5.
A person or agency to which Local Jobs First applies must comply with Local Jobs First, including but not limited to any reporting obligations under the Local Jobs First Policy.
S. 4A(2) substituted by No. 31/2025 s. 45(1).
An agency must ensure that a contract for a standard project or a strategic project requires a person providing goods, services or construction activities under the contract to comply with—
Local Jobs First; and
the Local Industry Development Plan.
S. 4A(2A) inserted by No. 31/2025 s. 20.
Unless it is not practicable or appropriate to do so, an agency must ensure that a contract for a standard project or a strategic project makes any liability of the agency to pay money to a person providing goods, services or construction activities under the contract contingent on compliance by the person with—
any obligation imposed on the person by the contract to comply with Local Jobs First; and
any requirement of a Local Industry Development Plan.
Note
The provisions of the Building and Construction Industry Security of Payment Act 2002 have effect despite any provision to the contrary in any construction contract—see Part 2 and section 48(1) of that Act.
S. 4A(3) amended by No. 31/2025 s. 45(2).
Despite subsections (1) and (2)(a) and (b), the Minister may exempt an agency from the requirements of Local Jobs First in respect of a standard project or a strategic project if the Minister is satisfied that exceptional circumstances apply.
S. 4A(4) inserted by No. 31/2025 s. 41(3).
For the purposes of this section, Local Jobs First is taken not to apply to an agency in relation to a standard project or a strategic project for which the agency has obtained a determination under section 4B that the project is non-contestable.
S. 4A(5) inserted by No. 31/2025 s. 44.
The accountable officer of an agency to which Local Jobs First applies must ensure that the agency complies with Local Jobs First.
S. 4A(6) inserted by No. 31/2025 s. 44.
In this section—
accountable officer, in relation to an agency, means the accountable officer under section 42 of the Financial Management Act 1994 for the agency.
S. 4B inserted by No. 31/2025 s. 42.
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