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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
BUILDING (CONSEQUENTIAL AMENDMENTS)
BILL 2016
__________
CONTENTS
1. Short title
2. Commencement
3. Consequential amendments of statutory rules do not prevent
their subsequent amendment
4. Administration of Act
5. Repeal of Act
6. Consequential Amendments
7. Consequential Amendments
8. Consequential Amendments
Schedule 1 - Consequential Amendments
Schedule 2 - Consequential Amendments
Schedule 3 - Consequential Amendments
[Bill 10]-VI
2
BUILDING (CONSEQUENTIAL AMENDMENTS)
BILL 2016
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
6 April 2016
(Brought in by the Minister for Building and Construction, the
Honourable Adam Richard Brooks)
A BILL FOR
An Act to amend certain Acts and subordinate legislation
consequent on the commencement of the Building Act 2016
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Building
(Consequential Amendments) Act 2016.
2. Commencement
(1) Except as provided by this section, the
provisions of this Act commence on the day on
which the Building Act 2016 commences.
(2) Section 7 and Schedule 2 commence -
(a) on the day on which the Building and
Construction Industry Security of
[Bill 10] 3
Building (Consequential Amendments) Act 2016
Act No. of
s. 3
Payment Amendment Act 2016
commences; or
(b) if that Act has commenced before the
Building Act 2016 commences, on the
day on which the Building Act 2016
commences.
(3) Section 8 and Schedule 3 commence -
(a) on the day on which the Residential
Building Work Contracts and Dispute
Resolution Act 2016 commences; or
(b) if that Act has commenced before the
Building Act 2016 commences, on the
day on which the Building Act 2016
commences.
3. Consequential amendments of statutory rules do
not prevent their subsequent amendment
The amendment by this Act of a provision of any
statutory rule does not prevent that, or any other,
provision of that statutory rule from being
amended or rescinded by a subsequent statutory
rule.
4. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
4
Building (Consequential Amendments) Act 2016
Act No. of
s. 5
(a) the administration of this Act is assigned
to the Minister for Building and
Construction; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
5. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of its
provisions commence.
6. Consequential Amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
7. Consequential Amendments
The legislation specified in Schedule 2 is
amended as specified in that Schedule.
8. Consequential Amendments
The legislation specified in Schedule 3 is
amended as specified in that Schedule.
5
Building (Consequential Amendments) Act 2016
Act No. of
sch. 1
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 6
Acts Interpretation Act 1931
1. Section 46 is amended as follows:
(a) by omitting "Building Act 2000" from the
definition of Building Regulations and
substituting "Building Act 2016";
(b) by omitting "Building Act 2000" from the
definition of Plumbing Regulations and
substituting "Building Act 2016".
Architects Act 1929
1. Section 4A is repealed.
Building and Construction Industry Security of Payment Act
2009
1. Section 19(1) is amended by omitting paragraph
(a) from the definition of building practitioner
and substituting:
(a) a building services provider, or an owner
builder, within the meaning of the
Building Act 2016;
2. Section 30(1)(a) is amended by omitting
"Building Act 2000" and substituting "Building
Act 2016".
6
Building (Consequential Amendments) Act 2016
Act No. of
sch. 1
3. Section 38(3) is amended by omitting "Building
Regulation Advisory Committee established
under the Building Act 2000" and substituting
"Director of Building Control within the
meaning of the Building Act 2016".
Building and Construction Industry Training Fund Act 1990
1. Section 3(1) is amended as follows:
(a) by omitting "Building Act 2000" from the
definition of building permit and
substituting "Building Act 2016";
(b) by omitting "Building Act 2000" from the
definition of permit authority and
substituting "Building Act 2016";
(c) by omitting "Building Act 2000" from the
definition of plumbing permit and
substituting "Building Act 2016".
Crown Lands Act 1976
1. Section 2 is amended by omitting "Building Act
2000" from paragraph (b) of the definition of
works and substituting "Building Act 2016".
Duties Act 2001
1. Section 19(2)(b) is amended by omitting
"Building Act 2000" and substituting "Building
Act 2016".
7
Building (Consequential Amendments) Act 2016
Act No. of
sch. 1
Environmental Management and Pollution Control (Waste
Management) Regulations 2010
1. Regulation 3 is amended as follows:
(a) by omitting "Building Act 2000" from the
definition of on-site waste water
management system and substituting
"National Construction Code within the
meaning of the Building Act 2016";
(b) by omitting "Plumbing Regulations
2004" from the definition of sewage and
substituting "Plumbing Regulations".
2. Regulation 9(2)(c) is amended as follows:
(a) by omitting from subparagraph (i)
"Plumbing Regulations 2004" and
substituting "Plumbing Regulations";
(b) by omitting from subparagraph (ii)
"Plumbing Regulations 2004" and
substituting "Plumbing Regulations".
Fire Service Act 1979
1. Section 133A(2) is amended by omitting "Part
12 of the Building Act 2000" and substituting
"Part 19 of the Building Act 2016".
General Fire Regulations 2010
1. Regulation 3 is amended as follows:
8
Building (Consequential Amendments) Act 2016
Act No. of
sch. 1
(a) by omitting "Building Act 2000" from
paragraph (a) of the definition of
building controls in subregulation (1)
and substituting "Building Act 2016";
(b) by omitting the definition of Building
Regulations from subregulation (1);
(c) by omitting from subregulation (3)
"Building Act 2000" and substituting
"Building Act 2016";
(d) by omitting from subregulation (4)
"Building Act 2000" and substituting
"Building Act 2016".
2. Regulation 5(1)(b) is amended by omitting
"Building Act 2000" and substituting "Building
Act 2016".
Health Service Establishments Act 2006
1. Section 20 is amended as follows:
(a) by omitting "Building Act 2000" from the
definition of material alteration to or
extension of in subsection (1) and
substituting "Building Act 2016";
(b) by omitting from subsection (3)(b)
"Building Act 2000" and substituting
"Building Act 2016";
(c) by omitting from subsection (7) "section
112 of the Building Act 2000" and
substituting "the Building Act 2016".
9
Building (Consequential Amendments) Act 2016
Act No. of
sch. 1
Historic Cultural Heritage Act 1995
1. Section 4A(1)(b) is amended by omitting
"Building Act 2000" and substituting "Building
Act 2016".
Housing Indemnity Regulations 2014
1. Regulation 3 is amended as follows:
(a) by omitting "Building Act 2000" from the
definition of building permit and
substituting "Building Act 2016";
(b) by omitting "Building Act 2000" from the
definition of permit authority and
substituting "Building Act 2016".
Land Use Planning and Approvals Act 1993
1. Section 12(3)(a)(ii) is amended by omitting
"Building Act 2000" and substituting "Building
Act 2016".
Local Government (General) Regulations 2015
1. Regulation 32(a) is amended by omitting
"Building Act 2000" and substituting "Building
Act 2016".
Mines Work Health and Safety (Supplementary
Requirements) Act 2012
1. Section 37 is amended as follows:
10
Building (Consequential Amendments) Act 2016
Act No. of
sch. 1
(a) by omitting from subsection (7)
"Building Act 2000" and substituting
"Building Act 2016";
(b) by omitting from subsection (10)(a)
"Building Act 2000" and substituting
"Building Act 2016";
(c) by omitting from subsection (10)(b)
"Plumbing Regulations, within the
meaning of the Building Act 2000" and
substituting "Plumbing Regulations".
National Broadband Network (Tasmania) Act 2010
1. Section 28(c) is amended by omitting "Building
Act 2000" and substituting "Building Act 2016".
Occupational Licensing (Electrical Work) Regulations 2008
1. Regulation 9(c) is amended by omitting
"Building Act 2000" and substituting "Building
Act 2016".
Occupational Licensing (Plumbing Work) Regulations 2010
1. The definition of associated plumbing work in
regulation 3(1) is amended as follows:
(a) by omitting from paragraph (d) "Building
Act 2000" and substituting "Building Act
2016";
11
Building (Consequential Amendments) Act 2016
Act No. of
sch. 1
(b) by omitting from paragraph (e) "Building
Act 2000" and substituting "Building Act
2016".
2. Regulation 4 is amended as follows:
(a) by omitting from subregulation (1)(b)
"Building Act 2000" and substituting
"Building Act 2016";
(b) by omitting from subregulation (2)(e)
"accredited building practitioner
(designer) under the Building Act 2000
working within his or her area of
competence as a building designer,
building services designer or an
engineer" and substituting "designer
within the meaning of the Building Act
2016 working within his or her area of
competence".
3. Regulation 6(2)(a) is amended by omitting
"Building Act 2000" and substituting "Building
Act 2016".
4. Regulation 7(1) is amended as follows:
(a) by omitting from paragraph (a) "Building
Act 2000" and substituting "Building Act
2016";
(b) by omitting paragraph (b) and
substituting the following paragraph:
12
Building (Consequential Amendments) Act 2016
Act No. of
sch. 1
(b) which is notifiable plumbing
work or permit plumbing work
within the meaning of the
Building Act 2016.
Occupational Licensing Act 2005
1. Schedule 3 is amended by omitting
Building Act 2000
and substituting:
Building Act 2016
Radiation Protection Regulations 2006
1. Regulation 23A(b) is amended by omitting
"Building Act 2000" and substituting "Building
Act 2016".
Resource Management and Planning Appeal Tribunal
Regulations 2014
1. Regulation 6(1) is amended by omitting
"Building Regulations 2004" and substituting
"Building Regulations".
Roads and Jetties Act 1935
1. Section 9A(7) is amended by omitting "Building
Act 2000" twice occurring and substituting
"Building Act 2016".
13
Building (Consequential Amendments) Act 2016
Act No. of
sch. 1
Rosetta Landslip Act 1992
1. Part 2 of Schedule 1 is amended as follows:
(a) by omitting from clause 1(c) "Building
Act 2000" and substituting "Building Act
2016";
(b) by omitting from clause 2(b) "Building
Act 2000" and substituting "Building Act
2016";
(c) by omitting from clause 3(c) "Building
Act 2000" and substituting "Building Act
2016".
Strata Titles Act 1998
1. Section 31(3) is amended as follows:
(a) by omitting from paragraph (b) "Building
Act 2000" and substituting "Building Act
2016";
(b) by omitting from paragraph (c) "Building
Act 2000" and substituting "Building Act
2016".
2. Section 144(1)(b) is amended by omitting
"Building Act 2000" and substituting "Building
Act 2016".
14
Building (Consequential Amendments) Act 2016
Act No. of
sch. 1
Sullivans Cove Waterfront Authority (Repeal) Act 2011
1. Clause 8 of Schedule 1 is amended by inserting
"or Building Act 2016" after "Building Act
2000".
Tasmanian Health Organisations Act 2011
1. Section 81A(1) is amended as follows:
(a) by omitting "essential safety and health
feature" from paragraph (f) of the
definition of building work and
substituting "essential building services";
(b) by omitting the definition of essential
safety and health feature and substituting
the following definition:
essential building services has the
same meaning as it has in the
Building Act 2016;
Water and Sewerage Industry (General) Regulations 2009
1. Regulation 13(2) is amended as follows:
(a) by omitting from paragraph (l)(i)
"Building Act 2000" and substituting
"Building Act 2016";
(b) by omitting from paragraph (o) "Building
Act 2000" and substituting "Building Act
2016".
15
Building (Consequential Amendments) Act 2016
Act No. of
sch. 1
Water and Sewerage Industry Act 2008
1. Section 56TA is amended as follows:
(a) by omitting "Building Act 2000" from the
definition of building work and
substituting "Building Act 2016";
(b) by omitting "Building Act 2000" from the
definition of permit authority and
substituting "Building Act 2016";
(c) by omitting "Building Act 2000" from the
definition of plumbing work and
substituting "Building Act 2016";
(d) by omitting "Building Act 2000" from
paragraph (a) of the definition of relevant
permit authority and substituting
"Building Act 2016";
(e) by omitting "Building Act 2000" from
paragraph (b) of the definition of
relevant permit authority and substituting
"Building Act 2016".
2. Section 56TB is amended as follows:
(a) by omitting from subsection (1) "under
section 72 of the Building Act 2000 an
application for a building permit" and
substituting "an application for a
building permit under the Building Act
2016";
16
Building (Consequential Amendments) Act 2016
Act No. of
sch. 1
(b) by omitting from subsection (2) "under
section 82 of the Building Act 2000 an
application for a plumbing permit, or a
special plumbing permit," and
substituting "an application for a
plumbing permit under the Building Act
2016".
3. Section 56TD is amended as follows:
(a) by omitting from subsection (1) "under
section 112 of the Building Act 2000 a
certificate of completion (building
work)" and substituting "a certificate of
completion under the Building Act
2016";
(b) by omitting from subsection (2) "under
section 113 of the Building Act 2000 a
certificate of completion (plumbing
work)" and substituting "a certificate of
completion under the Building Act 2016".
4. Section 56Y(2) is amended by omitting
"Building Act 2000" and substituting "Building
Act 2016".
17
Building (Consequential Amendments) Act 2016
Act No. of
sch. 2
SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
Section 7
Building and Construction Industry Security of Payment Act
2009
1. Section 4 is amended as follows:
(a) by omitting paragraph (a) from the
definition of building practitioner and
substituting the following paragraph:
(a) a building services provider, or an
owner builder, within the
meaning of the Occupational
Licensing Act 2005;
(b) by omitting "section 6 of the Building
Act 2000" from the definition of Director
and substituting "section 15 of the
Building Act 2016";
(c) by omitting "Building Regulations 2014"
from paragraph (f) of the definition of
fire safety system and substituting
"Building Regulations".
18
Building (Consequential Amendments) Act 2016
Act No. of
sch. 3
SCHEDULE 3 - CONSEQUENTIAL AMENDMENTS
Section 8
Residential Building Work Contracts and Dispute Resolution
Act 2016
1. Section 4(1) is amended as follows:
(a) by omitting the definition of Director
and substituting the following definition:
Director means the Director of
Building Control appointed under
section 15 of the Building Act
2016;
(b) by omitting "Building Act 2000" from
paragraph (b) of the definition of
residential building work contract and
substituting "Building Act 2016".
2. Section 6(1) is amended by omitting "Building
Regulations 2014 or any regulations that replace
those regulations" from paragraph (f) of the
definition of fire safety system and substituting
"Building Regulations".
3. Section 21 is amended as follows:
(a) by omitting "Building Act 2000" from the
definition of certificate of likely
compliance in subsection (1) and
substituting "Building Act 2016";
19
Building (Consequential Amendments) Act 2016
Act No. of
sch. 3
(b) by omitting from subsection (2)
"Building Act 2000" and substituting
"Building Act 2016";
(c) by omitting from subsection (3)
"Building Act 2000" and substituting
"Building Act 2016".
4. Section 31(3) is amended by omitting "Building
Act 2000" and substituting "Building Act 2016".
5. Section 32(3) is amended as follows:
(a) by omitting from paragraph (a) "Building
Act 2000" and substituting "Building Act
2016";
(b) by omitting from paragraph (b)(ii)
"Building Act 2000" and substituting
"Building Act 2016";
(c) by omitting from paragraph (c)(ii)
"Building Act 2000" and substituting
"Building Act 2016";
(d) by omitting from paragraph (d)(ii)
"Building Act 2000" and substituting
"Building Act 2016".
6. Section 43(1)(b) is amended by omitting
"Building Act 2000" and substituting "Building
Act 2016".
20
Building (Consequential Amendments) Act 2016
Act No. of
sch. 3
7. Section 85 is amended by omitting "established
under the Building Act 2000" and substituting
"within the meaning of the Building Act 2016".
Government Printer, Tasmania 21