Building and Construction Legislation Amendment Act 2025 (ACT)

Case

Building and Construction Legislation Amendment Act 2025

A2025-5

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Legislation repealed  2

Part 2Building Act 2004

5            Sections 137 and 138  3

6            Certified copies of building codeSection 139  3

7           Section 139A  3

8            New section 151A  4

9            Regulation-making powerSection 152 (4) and (5)  5

10          Dictionary, definition of recognised standard  5

Part 3Building (General) Regulation 2008

11          Preparation of whole-of-home calculator energy efficiency certificates—Act, s 139C (2)Section 44AC (3)  6

12Non-application of Legislation Act, s 47 (5)
Section 45  6

13          Definitions—sch 3Schedule 3, section 3.1 (1), definition of tolerances guide, notes 1 and 2   6

Part 4Construction Occupations (Licensing) Act 2004

14          What is a construction occupation?New section 7 (fa)  7

15          Definitions—pt 11AASection 123AA, definition of public safety agency, new paragraphs (fa) and (fb)        7

16          New section 128A  7

17          Regulation-making powerSection 129 (4) and (5)  8

18          New part 24  9

19          Dictionary, new definition of director  9

Part 5Gas Safety Act 2000

20          Meaning of gas appliance workerSection 6D, definition of gas appliance worker  10

21          Meaning of gasfitterSection 6E, definition of gasfitter  10

22          Meaning of relevant standardSection 6H (1), definition of relevant standard, paragraph (a)               10

23          New section 6H (1), definition of relevant standard, new paragraph (c)     10

24          Section 6H (2) and note  11

25          Offence—certificate of complianceSection 9 (b) (ii)  11

26          New section 12A  11

27          General powers on entry to premisesSection 47 (2)  12

28          Section 47 (1) (e)  12

29          Regulation-making powerSection 69 (2) (a) and (b)  12

30          Section 69 (2) (h) and (i)  13

31          Dictionary, new definition of AS 2896  13

Part 6Gas Safety Regulation 2001

32          Section 12 (1)  14

33          Section 12 (2) (b)  14

34          Dictionary, note 3  15

35          Dictionary, definition of defect tag  15

Part 7Property Developers Act 2024

36          Incorporating, applying or adopting documents in regulations and instrumentsSection 120 (3)  16

Part 8Water and Sewerage Act 2000

37          Sections 44E and 44F  17

38          New section 46  17

39          Regulation-making powerSection 49 (3) and (5)  18

Part 9Water and Sewerage Regulation 2001

40          Water efficiency requirements—water supply and sanitary plumbing work—Act, s 17A (1) (b)Section 16E (2), new note  19

41          Section 16E (5) and note  19

Building and Construction Legislation Amendment Act 2025

A2025-5

An Act to amend legislation about building and construction

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Building and Construction Legislation Amendment Act 2025.

  2. Commencement

    This Act commences the day after its notification day.

    Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the following legislation:

    ·     Building Act 2004

    ·     Building (General) Regulation 2008

    ·     Construction Occupations (Licensing) Act 2004

    ·     Gas Safety Act 2000

    ·     Gas Safety Regulation 2001

    ·     Property Developers Act 2024

    ·     Water and Sewerage Act 2000

    ·     Water and Sewerage Regulation 2001.

  4. Legislation repealed

    The following statutory instruments are repealed:

    ·     Building (Publication of Building Code) Notice 2009 (No 1) (NI2009-196)

    ·     Building (Publication of Building Code) Notice 2010 (No 1) (NI2010-216)

    ·     Building (Recognised Standard) Declaration 2006 (NI2006‑317).

Part 2Building Act 2004

  1. Sections 137 and 138

    omit

  2. Certified copies of building code
    Section 139

    omit

    an office copy

    substitute

    a copy

  3. Section 139A

    substitute

139ARecognised standards

(1)This section applies to a document (including an Australian Standard or Australian/New Zealand Standard) as in force from time to time that has been approved (however described)—

(a)by, or on behalf of, the Australian Building Codes Board; or

(b)under a system or scheme (however described) administered or approved (however described) by the Australian Building Codes Board; or

(c)as prescribed by regulation.

(2)The Minister may declare the document to be a recognised standard for this Act.

(3)A declaration is a disallowable instrument.

(4)The Legislation Act, section 47 (5) and (6) do not apply to a recognised standard.

NoteA recognised standard does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).

(5)The director-general must ensure that a document declared under subsection (2), other than an Australian Standard or Australian/New Zealand standard, is—

(a)on the ACT legislation register; or

(b)available for inspection by anyone without charge during ordinary business hours at an ACT government office; or

(c)accessible on an ACT government website, or by a link on an ACT government website.

(6)A recognised standard is not enforceable by or against the Territory or anyone else unless it is made accessible in accordance with subsection (5).

(7)In this section:

ACT legislation register—see the Legislation Act, section 18 (1).

  1. New section 151A

    insert

151AApplying, adopting or incorporating documents in regulations

(1)A regulation may apply, adopt or incorporate (with or without change or modification)—

(a)a law, Australian Standard or Australian/New Zealand Standard as in force from time to time; or

(b)another instrument as in force from time to time.

(2)The Legislation Act, section 47 (5) and (6) do not apply to a law, standard or instrument applied, adopted or incorporated under subsection (1).

NoteThe law, standard or instrument does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).

(3)The director-general must ensure that an instrument applied, adopted or incorporated under subsection (1) (b) is—

(a)on the ACT legislation register; or

(b)available for inspection by anyone without charge during ordinary business hours at an ACT government office; or

(c)accessible on an ACT government website, or by a link on an ACT government website.

(4)Any instrument that is applied, adopted or incorporated under subsection (1) (b) is not enforceable by or against the Territory or anyone else unless it is made accessible in accordance with subsection (3).

(5)In this section:

ACT legislation register—see the Legislation Act, section 18 (1).

  1. Regulation-making power
    Section 152 (4) and (5)

    omit

  2. Dictionary, definition of recognised standard

    omit

    section 139A (1)

    substitute

    section 139A (2)

Part 3Building (General) Regulation 2008

  1. Preparation of whole-of-home calculator energy efficiency certificates—Act, s 139C (2)
    Section 44AC (3)

    omit

  2. Non-application of Legislation Act, s 47 (5)
    Section 45

    omit

  3. Definitions—sch 3
    Schedule 3, section 3.1 (1), definition of tolerances guide, notes 1 and 2

    substitute

    NoteThe tolerances guide does not need to be notified under the Legislation Act because s 47 (5) does not apply (see Legislation Act, s 47 (7)). The tolerances guide is accessible at 4Construction Occupations (Licensing) Act 2004

    1. What is a construction occupation?
      New section 7 (fa)

      insert

      (fa)gas appliance worker;

    2. Definitions—pt 11AA
      Section 123AA, definition of public safety agency, new paragraphs (fa) and (fb)

      insert

      (fa)the chief health officer appointed under the Public Health Act 1997;

      (fb)a public health officer appointed under the Public Health Act 1997;

    3. New section 128A

      insert

    128AApplying, adopting or incorporating documents in regulations

    (1)A regulation may apply, adopt or incorporate (with or without change or modification)—

    (a)a law, Australian Standard or Australian/New Zealand Standard as in force from time to time; or

    (b)another instrument as in force from time to time.

    (2)The Legislation Act, section 47 (5) and (6) do not apply in relation to a law, standard or instrument applied, adopted or incorporated under subsection (1).

    NoteThe law, standard or instrument does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).

    (3)The director-general must ensure that an instrument applied, adopted or incorporated under subsection (1) (b) is—

    (a)on the ACT legislation register; or

    (b)available for inspection by anyone without charge during ordinary business hours at an ACT government office; or

    (c)accessible on an ACT government website, or by a link on an ACT government website.

    (4)Any instrument that is applied, adopted or incorporated under subsection (1) (b) is not enforceable by or against the Territory or anyone else unless it is made accessible in accordance with subsection (3).

    (5)In this section:

    ACT legislation register—see the Legislation Act, section 18 (1).

    1. Regulation-making power
      Section 129 (4) and (5)

      omit

    2. New part 24

      insert

    Part 24Validation—gas appliance workers

    1. Validation of gas appliance worker as construction occupation

      (1)This section applies to anything done or purported to have been done under this Act or another territory law by or in relation to a gas appliance worker after 29 March 2015 and before the commencement day.

      (2)The thing is taken to be, and always to have been, validly done if it would have been validly done had section 7, as amended by the Building and Construction Legislation Amendment Act 2025, been in force when it was done or purported to have been done.

      (3)In this section:

      commencement day means the day the Building and Construction Legislation Amendment Act 2025, section 14 commences.

    2. Expiry—pt 24

      This part expires on the day it commences.

      NoteIf a law validates something, the validating effect of the law does not end only because of the repeal of the law (see Legislation Act, s 88 (1)).

    3. Dictionary, new definition of director

      insert

      director—see the Corporations Act, section 9AC.

    Part 5Gas Safety Act 2000

    1. Meaning of gas appliance worker
      Section 6D, definition of gas appliance worker

      omit

      , part 3

    2. Meaning of gasfitter
      Section 6E, definition of gasfitter

      substitute

      gasfitter means a person licensed in the construction occupation of gasfitter under the Construction Occupations (Licensing) Act 2004.

    3. Meaning of relevant standard
      Section 6H (1), definition of relevant standard, paragraph (a)

      omit everything before subparagraph (i), substitute

      (a)for gasfitting work, other than medical gasfitting work or medical gas technician work, means—

    4. New section 6H (1), definition of relevant standard, new paragraph (c)

      insert

      (c)for medical gasfitting work and medical gas technician work means—

      (i)AS 2896 as in force from time to time; or

      (ii)if another standard is prescribed—that standard.

    5. Section 6H (2) and note

      after

      AS/NZS 1375,

      insert

      AS 2896,

    6. Offence—certificate of compliance
      Section 9 (b) (ii)

      after

      system

      insert

      , medical gas system

    7. New section 12A

      in division 2.1, insert

    12AOffence—unsafe medical gas system

    A gasfitter commits an offence if—

    (a)the gasfitter carries out gasfitting work on a medical gas system; and

    (b)the system poses a substantive risk to the safety of any person or property; and

    (c)the gasfitter fails—

    (i)to take immediate action to eliminate the risk; or

    (ii)to give notice in writing about the risk, and the action taken to eliminate the risk, to the person responsible for the medical gas system as soon as practicable.

    Maximum penalty:  50 penalty units.

    1. General powers on entry to premises
      Section 47 (2)

      after

      system

      insert

      , medical gas system

    2. Section 47 (1) (e)

      after

      occupier

      insert

      the person responsible for a medical gas system,

    3. Regulation-making power
      Section 69 (2) (a) and (b)

      substitute

      (a)the installation, operation, maintenance, commissioning, testing, inspection or repair of consumer piping systems, medical gas systems or gas appliances; and

      (b)the safety of people who own, or are likely to be near, a consumer piping system, a medical gas system or a gas appliance; and

    4. Section 69 (2) (h) and (i)

      after

      systems

      insert

      , medical gas systems

    5. Dictionary, new definition of AS 2896

      insert

      AS 2896 means AS 2896 (Medical gas systems—Installation and testing of non-flammable medical gas pipeline systems).

    Part 6Gas Safety Regulation 2001

    1. Section 12 (1)

      substitute

      (1)For the Act, section 9 (b), the certificate of compliance must be signed by the gasfitter and given to—

      (a)for gasfitting work other than medical gasfitting work or medical gas technician work—the owner or occupier of the premises where the gasfitting work is completed; or

      (g)for medical gasfitting work or medical gas technician work—the person responsible for the medical gas system.

      (1A)The gasfitter must give the certificate of compliance to the person mentioned in subsection (1) either—

      (a)by giving it to the person personally; or

      (b)by leaving it, addressed to the person, in a conspicuous place on the premises.

    2. Section 12 (2) (b)

      substitute

      (b)for gasfitting work other than medical gasfitting work or medical gas technician work—the owner of the gas distribution network.

    3. Dictionary, note 3

      insert

      ·     medical gasfitting work

      ·     medical gas system

      ·     medical gas technician work

    4. Dictionary, definition of defect tag

      omit

    Part 7Property Developers Act 2024

    1. Incorporating, applying or adopting documents in regulations and instruments
      Section 120 (3)

      omit

      subsection (1)

      substitute

      subsection (1) (b)

    Part 8Water and Sewerage Act 2000

    1. Sections 44E and 44F

      omit

    2. New section 46

      insert

    3. Applying, adopting or incorporating documents in regulations

      (1)A regulation may apply, adopt or incorporate (with or without change or modification)—

      (a)a law, Australian Standard or Australian/New Zealand Standard as in force from time to time; or

      (b)another instrument as in force from time to time.

      (2)The Legislation Act, section 47 (5) and (6) do not apply in relation to a law, standard or instrument applied, adopted or incorporated under subsection (1).

      NoteThe law, standard or instrument does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).

      (3)The director-general must ensure that an instrument applied, adopted or incorporated under subsection (1) (b) is—

      (a)on the ACT legislation register; or

      (b)available for inspection by anyone without charge during ordinary business hours at an ACT government office; or

      (c)accessible on an ACT government website, or by a link on an ACT government website.

      (4)Any instrument that is applied, adopted or incorporated under subsection (1) (b) is not enforceable by or against the Territory or anyone else unless it is made accessible in accordance with subsection (3).

      (5)In this section:

      ACT legislation register—see the Legislation Act, section 18 (1).

    4. Regulation-making power
      Section 49 (3) and (5)

      omit

    Part 9Water and Sewerage Regulation 2001

    1. Water efficiency requirements—water supply and sanitary plumbing work—Act, s 17A (1) (b)
      Section 16E (2), new note

      insert

      NoteAS/NZS 6400 does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Act, s 44D). The standard may be purchased at >

      Section 16E (5) and note

      omit

    Endnotes

    1. Presentation speech

      Presentation speech made in the Legislative Assembly on 5 February 2025.

    2. Notification

      Notified under the Legislation Act on 31 March 2025.

    3. Republications of amended laws

      For the latest republication of amended laws, see certify that the above is a true copy of the Building and Construction Legislation Amendment Bill 2025, which was passed by the Legislative Assembly on 18 March 2025.

      Acting Clerk of the Legislative Assembly

      © Australian Capital Territory 2025

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