Building (Amendment) Act 1991 (ACT)

The Building (Amendment) Act 1991 (ACT) addresses amendments to the Building Act 1972, focusing on the regulation of specialised systems in buildings, such as warm water systems and mechanical ventilation systems, and the control of hazardous substances, including Legionella bacteria. The court was required to interpret the extent of the Building Controller's authority in issuing stop notices and shutdown notices under the amended legislation. Specifically, the issue was whether the Building Controller had the authority to issue a stop notice and a shutdown notice for the maintenance and cleaning of specialised systems in the absence of a prior stop notice. The court found that the Building Controller's authority to issue stop notices and shutdown notices was contingent on the prior issuance of a stop notice, as the legislation required compliance with preceding notices before taking further enforcement actions. The amendments introduced by the Building (Amendment) Act 1991 aimed to ensure that specialised systems in buildings were operated, maintained, and cleaned in accordance with applicable standards to prevent health risks, particularly those associated with Legionella bacteria. The court's reasoning was grounded in the statutory language and the legislative intent to provide a structured approach to enforcing building standards. The outcome clarified that the Building Controller could not issue a shutdown notice without a preceding stop notice, aligning with the legislative framework that mandates a sequential process for enforcing compliance. This decision ensures that building owners and operators are aware of the procedural steps required for regulatory enforcement actions under the amended Act.