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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 187
Building
Amendment (Registration and Other Matters) Bill
2011
Mr
McCarthy
A Bill for an Act to amend the Building Act
NORTHERN TERRITORY OF AUSTRALIA
BUILDING AMENDMENT (REGISTRATION AND OTHER MATTERS) ACT 2011
____________________
Act No. [ ] of 2011
____________________
Table of provisions
Division 5 Delegations
20 Delegations by Minister and Director
20A Delegations
by Advisory Committee, Practitioners Board and Appeals
Board
22A Appointment
of nominee by corporation
23 Application for registration as building practitioner other than building contractor
24 Registration of building practitioner other than building contractor
24A Application for registration as building contractor
24B Registration
of building practitioner as building
contractor
24F Renewal
of registration of building practitioner
24FA Practitioners
Board must have regard to particular
information
24G Determinations
by
Minister
25 Registered
individual to carry out or direct function of corporation as building
practitioner
25A Corporation registered as building practitioner to notify changes affecting registration
25B Assessment of compliance with financial assets requirement
25C Offence
to perform function of building practitioner without required insurance
policy
Division
3B Professional
misconduct and failure to meet registration
requirements
167B Guidelines
Part
18 Transitional
matters for Building Amendment (Registration and Other Matters) Act
2011
184 Definition
185 Application of Part
186 Replacement provisions apply to existing registration applications
187 Requirement to continue to hold determined net financial assets
188 Compliance with supervision requirement
189 Continuation
of delegations
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2011
____________________
An Act to amend the Building Act
[Assented to [ ] 2011]
[Second reading [ ] 2011]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Building Amendment (Registration and Other Matters) Act 2011.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Building Act.
(1) Section 4
insert (in alphabetical order)
contracting owner means the owner of the land to which a residential building contract applies.
guidelines, see section 167B.
nominee, of a corporation, means an individual appointed under section 22A as the corporation nominee.
performance reporting means information on past performance of building practitioners available in the system mentioned in section 14(1)(a).
prescribed means prescribed by regulation.
residential building contract means a contract entered into under section 48B(1).
(2) Section 4, definitions building certifier and building practitioner
omit
a person, firm
insert
an individual
Part 2, Division 5
repeal, insert
20 Delegations by Minister and Director
(1) The Minister may delegate to a person any of the Minister's powers and functions under this Act except the powers and functions under section 6(2) and (3), 9(2), 12A(1), 17(2) or 48.
(2) The Director may delegate to a person any of the Director's powers and functions under this Act.
20A Delegations by Advisory Committee, Practitioners Board and Appeals Board
(1) The Advisory Committee may delegate any of its powers and functions under this Act to a member of the Committee, the Registrar of the Committee or a public sector employee.
(2) The Practitioners Board may delegate any of its powers and functions under this Act to a member of the Board, the Registrar of the Board or a public sector employee.
(3) The Appeals Board may delegate any of its powers and functions under this Act to a member of the Board, the Registrar of the Board or a public sector employee.
Sections 23 to 24C
repeal, insert
22A Appointment of nominee by corporation
(1) A corporation may, in the approved form, appoint an individual to be its nominee for this Act.
(2) The corporation must give the form to the Practitioners Board as soon as practicable after it is signed by the corporation and nominee.
(3) The appointment takes effect when the relevant details are entered in the register maintained under section 16.
23 Application for registration as building practitioner other than building contractor
(1) This section applies in relation to an application for registration as a building practitioner in a category of building practitioner other than building contractor.
(2) An individual may apply to the Practitioners Board for registration of the individual.
(3) A corporation may apply to the Practitioners Board for registration of the corporation.
(4) An application under this section must be in the approved form accompanied by the prescribed fee.
24 Registration of building practitioner other than building contractor
(1) After receiving an application made by an individual under section 23(2), the Practitioners Board must register the individual in the category of building practitioner specified in the application if satisfied the individual:
(a) is a fit and proper person to be registered in that category; and
(b) has the relevant qualifications and experience determined under section 24G(a) for that category; and
(c) has complied with any conditions for registration prescribed by regulation.
(2) After receiving an application made for a corporation under section 23(3), the Practitioners Board must register the corporation in the category of building practitioner specified in the application if satisfied:
(a) at least one individual concerned in the management or conduct of the corporation, or a nominee of the corporation, is registered in that category; and
(b) each individual concerned in the management or conduct of the corporation who is not registered in that category would be a fit and proper person to be so registered if he or she had applied personally for the registration; and
(c) the corporation has complied with any conditions for registration prescribed by regulation.
(3) Without limiting subsection (1)(c) or (2)(c), a regulation may prescribe a condition requiring the applicant for registration to hold an insurance policy of a type (which may include a professional indemnity policy) or for an amount, or both, determined under section 24G(c).
24A Application for registration as building contractor
(1) This section applies in relation to an application for registration as a building practitioner in the category of building contractor.
(2) An individual may apply to the Practitioners Board for registration.
(3) A corporation may apply to the Practitioners Board for registration.
(4) An application under this section must be in the approved form accompanied by the prescribed fee.
24B Registration of building practitioner as building contractor
(1) After receiving an application made by an individual under section 24A(2), the Practitioners Board must register the individual in the category of building contractor if satisfied he or she:
(a) is a fit and proper person to be registered in that category; and
(b) has the relevant qualifications and experience determined under section 24G(a) for that category; and
(c) currently holds, and during the period of registration will continue to hold, the net financial assets prescribed by regulation for that category; and
(d) has complied with any conditions for registration prescribed by regulation.
(2) After receiving an application made by a corporation under section 24A(3), the Practitioners Board must register the corporation in the category of building contractor if satisfied:
(a) at least one director, or a nominee, of the corporation:
(i) is registered in that category; and
(ii) will provide adequate supervision of the building work carried out by the corporation; and
(b) each director of the corporation who is not registered in that category would be a fit and proper person to be so registered if he or she had applied personally for the registration; and
(c) the corporation currently holds, and during the period of registration will continue to hold, the net financial assets prescribed by regulation for that category; and
(d) the corporation has complied with any conditions for registration prescribed by regulation.
(3) Without limiting subsection (1)(d) or (2)(d), a regulation may prescribe a condition requiring the applicant for registration to hold an insurance policy of a type (which may include a professional indemnity policy) or for an amount, or both, determined under section 24G(c).
7 Sections 24F and 24FA replaced
Sections 24F and 24FA
repeal, insert
24F Renewal of registration of building practitioner
(1) After receiving an application under section 24E that relates to an individual, the Practitioners Board must renew the registration of the individual in the category of building practitioner specified in the application if satisfied he or she:
(a) is a fit and proper person to be registered in that category; and
(b) has the relevant qualifications and experience determined under section 24G(a) for that category; and
(c) has, during the current period of registration, complied with the continuing development requirements determined under section 24G(b) for that category; and
(d) has, during the current period of registration, performed competently in that category as shown by performance reporting; and
(e) has complied with any conditions for renewal prescribed by regulation.
(2) However, if the application mentioned in subsection (1) is for renewal of registration in the category of building contractor, the Practitioners Board must not register the individual unless it is satisfied the individual currently holds, and during the period of registration will continue to hold, the net financial assets prescribed by regulation for that category.
(3) After receiving an application under section 24E that relates to a corporation and is for renewal of registration in a category other than building contractor, the Practitioners Board must renew the registration in that category if satisfied:
(a) at least one individual concerned in the management or conduct of the corporation, or a nominee of the corporation:
(i) is registered as a building practitioner in that category; and
(ii) has, during the current period of registration, complied with the continuing development requirements determined under section 24G(b) for that category; and
(b) each individual concerned in the management or conduct of the corporation who is not registered as a building practitioner in that category would be a fit and proper person to be so registered if he or she had applied personally for the registration; and
(c) the corporation has, during the current period of registration, performed competently in that category as shown by performance reporting; and
(d) the corporation has complied with any conditions for renewal prescribed by regulation.
(4) After receiving an application under section 24E that relates to a corporation and is for renewal of registration in the category of building contractor, the Practitioners Board must renew the registration if satisfied:
(a) at least one director or nominee of the corporation:
(i) is registered as a building practitioner in that category; and
(ii) has, during the current period of registration, complied with the continuing development requirements determined under section 24G(b) for that category; and
(iii) will provide adequate supervision of the building work carried out by the corporation; and
(b) each director of the corporation who is not registered in that category would be a fit and proper person to be so registered if he or she had applied personally for the registration; and
(c) the corporation has, during the current period of registration, performed competently in that category as shown by performance reporting; and
(d) the corporation currently holds, and during the period of registration will continue to hold, the net financial assets prescribed by regulation for that category; and
(e) the corporation has complied with any prescribed conditions for renewal.
(5) Without limiting subsection (1)(e), (3)(d) or (4)(e), a regulation may prescribe a condition requiring an applicant for renewal of registration to hold an insurance policy of a type (which may include a professional indemnity policy) or for an amount, or both, determined under section 24G(c).
24FA Practitioners Board must have regard to particular information
(1) Before deciding an application made under section 23, 24A or 24E, the Practitioners Board must have regard to a relevant report or relevant information given by a person or entity who is prescribed by regulation.
(2) For subsection (1), a relevant report or relevant information is a report or information relevant to a matter about which the Practitioners Board must be satisfied under section 24, 24B or 24F.
(3) Subsection (1) does not prevent the Practitioners Board from considering any other information it considers relevant to deciding the application.
Section 24G
repeal, insert
24G Determinations by Minister
The Minister may, by Gazette notice, determine any of the following:
(a) the qualifications and experience for registration as a building practitioner in a category of building practitioner;
(b) the continuing development requirements for a building practitioner in a category of building practitioner;
(c) the types of insurance policies, and amounts of insurance to be provided under the policies, that may be prescribed by regulation for section 24(3), 24B(3) or 24F(5);
(d) criteria to be met by providers of insurance policies mentioned in paragraph (c).
9 Sections 25 and 25A replaced
Sections 25 and 25A
repeal, insert
25 Registered individual to carry out or direct function of corporation as building practitioner
(1) If a corporation is carrying out a function as a building practitioner:
(a) the function must be carried out by or at the direction of a registered individual for the corporation; and
(b) the registered individual must, in writing, certify the function; and
(c) the corporation must ensure the name of the registered individual appears in all advertisements published by the corporation relating to the function.
Maximum penalty: 40 penalty units.
(2) In subsection (1):
registered individual means:
(a) for a corporation registered in a category of building practitioner other than building contractor – an individual concerned in the management or conduct of the corporation, or a nominee of the corporation, who is registered in the same category as the corporation; and
(b) for a corporation registered in the category of building contractor – a director or nominee of the corporation who is registered in that category.
25A Corporation registered as building practitioner to notify changes affecting registration
(1) A corporation registered as a building practitioner must, within 7 days after one of the following circumstances occurs, give notice of the circumstance to the Practitioners Board:
(a) a nominee of the corporation ceases to act for the corporation;
(b) the registration of a nominee as a building practitioner is cancelled or suspended or is not renewed;
(c) for a corporation registered in the category of building contractor – an individual ceases to be a registered director of the corporation;
(d) for a corporation registered in any other category of building practitioner – an individual ceases to be a registered manager of the corporation;
(e) a director or nominee required by section 24B(2)(a)(ii) or 24F(4)(a)(iii) to supervise the corporation's building work is no longer able to do so.
Maximum penalty: 430 penalty units.
(2) However, if a circumstance mentioned in subsection (1) results in the corporation ceasing to comply with a requirement for registration mentioned in section 24B(2) or 24F(3) or (4), the corporation must give notice of the circumstance immediately after it occurs.
Maximum penalty: 430 penalty units.
(3) Notice under this section must be in the approved form.
(4) In this section:
registered director, of a corporation, means a director mentioned in section 24B(2)(a)(i) or 24F(4)(a)(i).
registered manager, of a corporation, means an individual involved in the management or conduct of the corporation to whom section 24(2)(a) or 24F(3)(a)(i) applies.
25B Assessment of compliance with financial assets requirement
(1) The Practitioners Board may, at any time, assess a building contractor's compliance with the requirement to hold net financial assets as mentioned in section 24B(1)(c) or (2)(c) or 24F(2) or (4)(d) (the assets requirement).
(2) The Practitioners Board may, by written notice, require the building contractor to give the Board the information and documents necessary to establish the building contractor's compliance with the assets requirement.
(3) The Board may require the information or document to be given within a reasonable time, as specified in the notice, and may extend the time if the Board considers it appropriate to do so.
Note for section 25B
Section 34VA enables the Practitioners Board to suspend the registration of a building practitioner if satisfied the building practitioner has ceased to comply with the assets requirement.
25C Offence to perform function of building practitioner without required insurance policy
(1) A person who is required to hold a prescribed insurance policy must not perform a function of a building practitioner unless the prescribed insurance policy is in force.
Maximum penalty: 85 penalty units.
(2) In subsection (1):
prescribed insurance policy means an insurance policy required to be held as a condition of registration or renewal of registration, as mentioned in section 24(3), 24B(3) or 24F(5).
10 Part 3, Division 3B heading replaced
Part 3, Division 3B, heading
Division 3B Professional misconduct and failure to meet registration requirements
(1) Section 48B(1), penalty provision
omit, insert
Maximum penalty: 85 penalty units.
(2) After section 48B(2)
insert
(2A) A regulation may provide for the contract to include provisions about progress payments linked to specified stages of the prescribed building work.
After section 167A
insert
(1) The Director may make guidelines for the administration of this Act.
(2) The guidelines must be consistent with this Act.
(3) The Director may publish the guidelines in the way the Director considers appropriate (for example, on the Internet).
(4) A person acting under this Act must have regard to the guidelines.
After section 183
insert
Part 18 Transitional matters for Building Amendment (Registration and Other Matters) Act 2011
In this Part:
commencement day means the day on which this Part commences.
This Part applies despite anything to the contrary in section 12 of the Interpretation Act.
186 Replacement provisions apply to existing registration applications
(1) The Practitioners Board must decide an existing registration application in accordance with the relevant replacement registration provision.
(2) The Practitioners Board may require the applicant to give the Board additional information to enable the Board to be satisfied about the matters mentioned in the relevant replacement registration provision.
(3) In this section:
existing registration application means one of the following applications made before the commencement day and not decided before that day:
(a) an application for registration made under section 23;
(b) an application for registration made under section 24A;
(c) an application for renewal of registration made under section 24E.
replacement registration provision means section 24, 24B or 24F, and a regulation made for the section, as in force on the commencement day.
187 Requirement to continue to hold determined net financial assets
(1) An individual or corporation registered before the commencement day as a building contractor must, during the remaining period of registration, continue to hold the relevant amount of determined net financial assets.
(2) For subsection (1), the relevant amount of determined net financial assets is the amount of net financial assets specified for the individual or corporation in the Minister's determination under section 24G as in force immediately before the commencement day.
188 Compliance with supervision requirement
(1) A corporation registered before the commencement day as a building contractor must comply with the supervision requirement during the term of registration.
(2) For subsection (1), the supervision requirement is the requirement that at least one director, or a nominee, of the corporation must provide adequate supervision of the building work carried out by the corporation.
(3) To avoid doubt, it is no longer necessary for the director or nominee to reside in the Territory to provide the adequate supervision.
189 Continuation of delegations
An instrument delegating a power or function under section 20 that was in force immediately before the commencement day continues in force.
The Schedule has effect.
section 14
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
Part 1, heading,
at the end |
|
matters
|
|
sections 3(a) to (hc) and 4, definition,
construct, paragraphs (a) to (c),
at the end |
|
and
|
|
section 4, definition, owner,
paragraph (a), at the end
|
|
or
|
|
section 6(1) and (2)
|
(inclusive)
|
|
|
section 6(2) and (3)
|
notice in the Gazette
|
Gazette notice
|
|
section 8(1)(aa) to (f), at the end
|
|
and
|
|
section 8(3)
|
shall
|
must
|
|
section 9(2)
|
shall consist
|
consists
|
|
section 9(3)
|
shall
Chairman (all references)
|
must
Chairperson
|
|
section 9(4)
|
the generality of
|
|
|
section 11(1)(a)
and (b), at the end |
|
and
|
|
section 12A(1)(b)(i) and (ii)
|
Chairman
|
Chairperson
|
|
section 12B(1)(b)
|
organisations,
|
organisations;
|
|
section 14(1)(a) to (e), at the end
|
|
and
|
|
section 16, heading
|
Building Practitioners, &c.
|
building practitioners
|
|
section 16(1)
|
shall cause to be maintained
|
must maintain
|
|
section 16(2)
|
purposes of correcting
|
correction of
|
|
section 17(2)
|
shall consist of such
|
consists of the
|
|
section
17(2)(a)
and (b) |
shall
Chairman
|
must
Chairperson
|
|
section 17(3)
|
the generality of
|
|
|
section 19(1)(c)
|
such other functions as are
|
other functions
|
|
section 19(2)
|
whole subsection
|
(2) The Appeals Board has the powers necessary for
the performance of its functions.
|
|
section 21A
|
, unless the contrary intention appears
|
|
|
section 22(1)
|
shall not:
|
who is not appropriately registered under this Part
must not:
|
|
section 22(1)(a), at the end
|
|
or
|
|
section 22(1)(c)(ii)
|
Part,
|
Part.
|
|
section 22(1)
|
unless he or she is appropriately registered under
this Part.
|
|
|
section 22(1), penalty provision
|
whole penalty provision
|
Maximum penalty: 40 penalty units.
|
|
section 24H
|
a person, firm
|
an individual
|
|
section 26(2)(a)
and (b), at the end |
|
and
|
|
section 28(a) and (b),
at the end |
|
or
|
|
section 33(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 40 penalty units.
|
|
section 34E(1)(b)
|
misleading,
|
misleading;
|
|
section 34E(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 40 penalty units.
|
|
section 34H(2)
|
3-year period
|
3 years
|
|
section 34J(1) and (3)
|
Chairman
|
Chairperson
|
|
section 34N(4), penalty provision
|
whole penalty provision
|
Maximum penalty: 40 penalty units.
|
|
section
34P(2)(a),
at the end |
|
and
|
|
section 34S(a) to (e),
at the end |
|
or
|
|
section 34T(d)
|
$5 000
|
40 penalty units
|
|
section 34VB, penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
section 35, heading
|
Appellable
|
Appealable
|
|
sections 35 and 36(1)
|
appellable
|
appealable
|
|
section 36A(1)
|
evidence
|
evidence, or review of the information,
|
|
section 36A(2), after "evidence"
|
|
or information
|
|
section 36B(1)
|
appellable
(all references) |
appealable
|
|
section 36B(1)(a),
at the end |
|
or
|
|
section 36D, heading
|
appellable
|
appealable
|
|
section 36D(1) and (2)
|
appellable
|
appealable
|
|
section 37
|
shall
|
must
|
|
section 37, penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
section 37A(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 37A(3), penalty provision
|
whole penalty provision
|
Maximum penalty: 430 penalty
units.
|
|
section 38(2)
|
shall
|
must
|
|
section 38(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 39
|
shall
|
must
|
|
section 39, penalty provision
|
whole penalty provision
|
Maximum penalty: 40 penalty units.
|
|
Part 4, Division 2, heading
|
, &c.,
|
etc.
|
|
section 42, heading
|
, &c.
|
|
|
section 42(1)
|
shall
|
must
|
|
section 42(1)(a),
at the end |
|
and
|
|
section 42(1), penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
section 42(2)
|
shall
|
must
|
|
section 42(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 17 penalty units.
|
|
section 43(3)
|
shall
|
must
|
|
section 45, heading
|
, &c.,
|
etc.
|
|
section 45(1) and (3)
|
shall
|
must
|
|
section 45(1) and (3), penalty
provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
Part 4, Division 4, heading
|
whole heading
|
Division
4
Referral of applications relating to places of public assembly |
|
section 47(1) and (2)
|
shall
|
must
|
|
Part 4, Division 5, heading
|
whole heading
|
Division
5
Performance of building certifier's functions by Director |
|
section 48, heading
|
whole heading
|
48 Minister may direct performance of
functions
|
|
section 48
|
notice in the Gazette
|
Gazette notice
|
|
sections 48A(1) and 48C(2), penalty
provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 48C(3), penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
section 48CA(3), penalty provision
|
whole penalty provision
|
Maximum penalty: 430 penalty
units.
|
|
sections 48D(1) and 48E(3), penalty
provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 48F(1)(a),
at the end |
|
and
|
|
section 48F(1)(c)
|
person,
|
person;
|
|
section 48F(6)
|
notice in the Gazette
|
Gazette notice
|
|
section 48G(1), penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 48G(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
section 50(a) to (c),
at the end |
|
and
|
|
section 51(3)
|
Notwithstanding
subsections and it shall apply
|
Despite
subsections and, if an agreement is made, the
regulation or amendment applies
|
|
section 52, heading
|
whole heading
|
52 Adopted codes and
standards
|
|
section 52(1), after "methods"
|
|
(each of which is an adopted code or
standard)
|
|
section 52(2)
|
whole subsection
|
(2) An adopted code or standard may require anything
mentioned in it to be in accordance with another document mentioned in the
adopted code or standard.
|
|
section 52(3)(a)
|
all words from "shall" to "available"
|
must ensure a copy of every adopted code or
standard, and every document mentioned in it, is available
|
|
section 52(3)(b)
|
all words from "may" to "available"
|
may make available copies of all or part of an
adopted code or standard or other document mentioned in
paragraph (a)
|
|
section 53, heading
|
, &c.
|
and other things
|
|
sections 54(1) and 55
|
shall
|
must
|
|
section 55, penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
Part 6, Division 3, heading
|
whole heading
|
Division
3
Grant of building permit |
|
section 59, heading
|
whole heading
|
59 General requirements for grant of
building permit
|
|
section 59(1) and (2)
|
shall
|
must
|
|
section 59(1)(a), at the end
|
|
and
|
|
section 59(1) and (2), penalty
provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 60
|
Notwithstanding
|
Despite
|
|
section 60A(1), (2) and (4), penalty
provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 61
|
shall
|
must
|
|
section 61, penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 62(2)
|
shall
|
must
|
|
section 62(3), penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
section 63(6)(a),
at the end |
|
and
|
|
section 65(1) and (2)
|
shall
|
must
|
|
after section 65(1)
|
|
Maximum penalty: 85 penalty units.
|
|
section 65(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 66, heading
|
, &c.,
|
etc.
|
|
section 66(1)
|
shall
|
must
|
|
after section 66(1)
|
|
Maximum penalty: 85 penalty units.
|
|
section 66(2)
|
shall
|
must
|
|
section 66(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 67(1)
|
shall
|
must
|
|
section 67(2)(a),
at the end |
|
or
|
|
section 69(1) and (4), penalty
provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 69A(1)(a) to (c), at the end
|
|
and
|
|
section 69A(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 40 penalty units.
|
|
section 70
|
shall
|
must
|
|
section 70, penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 71
|
shall
|
must
|
|
section 71(a) and (aa), at the end
|
|
and
|
|
section 73, heading
|
– occupancy permits,
&c.
|
|
|
section 74(1)
|
Notwithstanding anything
|
Despite anything to the contrary
|
|
sections 76(1) and (2) and 77(1) and
(2)
|
shall
|
must
|
|
section 77(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 78(1) and (2)
|
shall
|
must
|
|
section 78(2)(a),
at the end |
|
and
|
|
section 79(1)
|
shall
|
must
|
|
section 79(2)
|
shall be
|
is
|
|
sections 81(1), (2)
and (4), 82(2) and 84(1) |
shall
|
must
|
|
section 84(2)
|
Protection works carried out by a person shall be
carried out by the person
|
A person who carries out protection works must do
so
|
|
section 84(2)(a), at the end
|
|
or
|
|
section 84(2)(c)
|
Board,
|
Board;
|
|
section 84(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
sections 85(4) and 86
|
shall
|
must
|
|
section 86(a),
at the end |
|
or
|
|
section 86(c)
|
Board,
|
Board;
|
|
section 86, penalty provision
|
whole penalty provision
|
Maximum Penalty: 85 penalty units.
|
|
section 87(2)
|
shall
|
must
|
|
section 88(2)
|
shall be subject to such
|
is subject to the
|
|
sections 88(3), 90
and 91(1) |
shall
|
must
|
|
section 91(1), penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
sections 91(2) and (3) and 92(1) and
(2)
|
shall
(all references) |
must
|
|
section 93, heading
|
, &c.
|
etc.
|
|
section 93(1)
|
shall
|
must
|
|
section 93(1), penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 94(2)
|
shall
|
must
|
|
section 94(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
section 95(1) and (2)
|
shall
|
must
|
|
section 95(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
section 96, heading
|
Lodgment of plans, &c.,
|
Service of plans
|
|
section 96
|
shall
|
must
|
|
section 100(1)(b)
|
in,
|
in;
|
|
section 100(2)(a) and (b), at the
end
|
|
or
|
|
section 100(2)(c)
|
and/or
|
or
|
|
section 102
|
member of the Police
Force
(all references) |
police officer
|
|
sections 103(1) and (2) and 105(2)
|
shall
|
must
|
|
section 106(1)
|
shall not contravene or fail to comply
with
|
must not contravene
|
|
section 106(1), penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
section 106(2)
|
this section
|
subsection (1)
|
|
sections 107(a) and (b) and 108(a) and (b), at the
end
|
|
or
|
|
section 112(2)
|
shall
|
must
|
|
section 113(a), at the end
|
|
or
|
|
section 113(b)
|
and/or
|
or
|
|
sections 114(2) and 115
|
shall
|
must
|
|
section 115, penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
sections 116(2) and (3), 119(2) and
120(1)
|
shall
|
must
|
|
section 122
|
member of the Police
Force
(all references) |
police officer
|
|
section 123(1) and (2)
|
shall
|
must
|
|
section 125(2)(a), at the end
|
|
or
|
|
section 125(3)
|
shall be
|
is
|
|
section 127(2)
|
shall
|
must
|
|
section 128
|
or fails to comply with
|
|
|
section 128, penalty provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
sections 129 and 130(2)
|
shall
|
must
|
|
section 131(1)
|
all words from "shall not" (first reference)
to "shall apply" (second reference)
|
does not apply to the land, building or building
work or applies subject to the conditions the Board specifies and, on the Board
so doing, the Regulations do not apply, or apply
|
|
section 131(3)
|
shall
|
must
|
|
section 132(1)
|
all words from "shall, for" to
"composed"
|
must, when performing its functions for a particular
matter, consist of the member or members the Chairperson nominates (one of whom
must be nominated to preside), but must not consist
|
|
section 133(1)
|
shall be
|
is
|
|
section 133(2)
|
Chairman
|
Chairperson
|
|
section 133(3)(a)
|
shall
|
must
|
|
section 133(3)(a), at the end
|
|
and
|
|
section 133(3)(b)
|
shall be deemed to have been made as
though
|
is taken to be
|
|
section 133(3)(c)
|
matter,
|
matter;
|
|
section 134
|
Chairman
(all references) |
Chairperson
|
|
Part 11, Division 2, heading
|
whole heading
|
Division
2
Procedures for appeals, referrals and applications |
|
section 135(1)
|
shall
|
may
|
|
section 135(2)
|
shall
|
must
|
|
section 136, heading
|
whole heading
|
136 Fresh hearing
|
|
section 136
|
shall
|
must
|
|
section 138
|
shall have
|
has
|
|
sections 139, 140(1) and (2) and 144
|
shall
(all references) |
must
|
|
section 146(3)
|
shall not fail to
hearing or
comply with the requirement.
|
must
hearing, or
do so.
|
|
section 146(3), penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
section 147(2)
|
shall
|
must
|
|
section 147(2), penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
section 149
|
Each party
|
The parties
|
|
sections 149 and 150(1)
|
shall
|
must
|
|
section 150(3)
|
member of the Police Force
|
police officer
|
|
section 151(1)
|
shall be
|
is
|
|
section 152(2)(a)
and (b), at the end |
|
or
|
|
section 152(c)
|
and/or
|
or
|
|
section 152(4)
|
shall
|
must
|
|
section 153, heading
|
whole heading
|
153 Protection from
liability
|
|
section 153(1)(a) to (c), at the end
|
|
or
|
|
section 153(1)(e)
|
Board,
|
Board;
|
|
section 153(2)(a), at the end
|
|
or
|
|
section 153(2)(b)
|
authority,
|
authority;
|
|
section 153(2) and (3)
|
shall subject
|
subjects
|
|
section 162(2)
|
member of the Police
Force
(all references) member or person
|
police
officer officer
|
|
section 163(1)
|
shall
|
must
|
|
section 163(2)
|
Where a member of the Police Force
member or authorised officer
member of the Police Force
|
If a police officer officer police officer
|
|
section 164(a), at the end
|
|
and
|
|
section 165
|
Notwithstanding
|
Despite
|
|
section 166
|
shall
|
must
|
|
section 166(a), at the end
|
|
or
|
|
section 166, penalty provision
|
whole penalty provision
|
Maximum penalty: 40 penalty units.
|
|
section 167(1)
|
shall
|
must
|
|
section 168(2)
|
the generality of
|
|
|
section
168(3)(a)(ii),
at the end |
|
and
|
|
section 168(5)
|
all words from "impose" to "with"
|
prescribe a fine not exceeding 100 penalty
units and, for a continuing offence, an additional fine not exceeding
10 penalty units for each day during which the offence continues, for an
offence against
|
|
section 170(1)
|
shall continue to apply to and
|
continues to apply
|
|
section 170(2)(a), at the end
|
|
and
|
|
section 170(2)(c)
|
Chairman of the Appeals Board,
|
Chairperson of the Appeals Board;
|
|
section 170(2)
|
Chairman have
|
Chairperson have
|
|
section 171(2)
|
Notwithstanding
|
Despite
|
|
section 172(2)
|
shall remain
|
remains
|
|
section 172(3)
|
shall
|
|
|
sections 175(1)(b) and (2)(b) and
176(b)
|
work,
|
work;
|
|
section 183(5), penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
Schedule 2, clause 2(3)
|
shall
|
must
|
|
Schedule 2, clause 3, heading
|
Chairman
(all references) |
Chairperson
|
|
Schedule 2, clause 3
|
Chairman
(all references) |
Chairperson
|
|
Schedule 2, clause 3(1)
|
shall
|
must
|
|
Schedule 2, clause 5(2)(b)
|
benefit,
|
benefit;
|
|
Schedule 2, clauses 5(2) and 6
|
shall
(all references) |
must
|
|
Schedule 2, clause 6(2)(b)
|
Board,
|
Board;
|
|
Schedule 2, clause 7(1)
|
Chairman shall call such meetings of the Committee
or Board as
|
Chairperson must call the meetings of the Committee
or Board that
|
|
Schedule 2, clause 7(2)
|
Chairman to
Chairman shall
|
Chairperson to
Chairperson must
|
|
Schedule 2, clause 7(3)
|
133, a
|
133, at a
|
|
Schedule 2, clause 7(3)(a), at the
end
|
|
and
|
|
Schedule 2, clause 7(3)(b)
|
whole paragraph
|
(b) the Chairperson must preside at all meetings at
which he or she is present and, in the Chairperson's absence, the Deputy
Chairperson must preside and, in the absence of both the Chairperson and Deputy
Chairperson, the members present may appoint one of those members to preside;
and
|
|
Schedule 2, clause 7(3)(c)
|
shall be
Chairman or other person presiding at the meeting
shall have
|
must be
member presiding at the meeting has
|
|
Schedule 2, clause 7(3)(d)
|
shall
|
must
|
|
Schedule 2, clause 7(4)(a), at the
end
|
|
or
|
|
Schedule 2, clause 7(5)
|
shall be
|
is
|
|
Schedule 2, clause 7(6)
|
shall cause records of its meetings to
be
|
must ensure records of its meetings are
|
|
Schedule 2, clause 8
|
Chairman
(all references) shall
|
Chairperson
must |
|
Schedule 2, clause 8, penalty provision
|
whole penalty provision
|
Maximum penalty: 17 penalty units.
|
|
Schedule 2, clause 9, heading
|
, &c.
|
and Registrar
|
|
Schedule 2, clause 9
|
shall lie
Chairman
(all references) |
lies
Chairperson
|
|
Schedule 3, heading
|
permits , &c.
|
building and occupancy permits and temporary
occupation
|
|
Schedule 3, clause 1
|
shall
|
must
|
|
Schedule 3, clause 1, penalty provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
Schedule 3, clauses 3 and 5(1)
|
shall
(all references) |
must
|
|
Schedule 3, clause 5(1), penalty
provision
|
whole penalty provision
|
Maximum penalty: 85 penalty units.
|
|
Schedule 3, clause 5(2) and 6(3)
|
shall
|
must
|
|
Schedule 3, clause 7, heading
|
, &c.
|
or consent
|
|
Schedule 3, clause 7
|
shall be
(all references) |
is
|
|
Schedule 3, clause 8(1) and 9(1)
|
shall
|
must
|
|
Schedule 3, clause 9(2)
|
shall be
|
is
|
|
Schedule 3, clause 10
|
shall
|
must
|
|
Schedule 3, clause 10, penalty
provision
|
whole penalty provision
|
Maximum penalty: 8 penalty units.
|
|
Schedule 3, clause 11
|
shall
|
must
|
|
Schedule 3, clause 11, penalty
provision
|
whole penalty provision
|
Maximum penalty: 40 penalty units.
|
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