Building and Construction Legislation Amendment Act 2025 (ACT)

The Building and Construction Legislation Amendment Act 2025 amends various Acts to update the regulatory framework for building and construction in the Australian Capital Territory. Key changes include the introduction of whole-of-home calculator energy efficiency certificates, amendments to the Construction Occupations (Licensing) Act 2004 to include gas appliance workers, and modifications to the Gas Safety Act 2000 and Gas Safety Regulation 2001 to address medical gas systems. The Act also introduces new validation provisions for actions taken by gas appliance workers prior to the amendments' commencement.

The court was tasked with interpreting the application and implications of several sections of the Building and Construction Legislation Amendment Act 2025, particularly concerning the preparation of whole-of-home calculator energy efficiency certificates, the definition of gas appliance workers, and the introduction of offences related to unsafe medical gas systems. The court also needed to clarify the scope of regulation-making powers and the accessibility requirements for applied, adopted, or incorporated instruments.

The court found that the whole-of-home calculator energy efficiency certificates must be prepared in accordance with the Act, with specific attention to the legislative references and definitions provided. The court confirmed that the definition of gas appliance workers under the Construction Occupations (Licensing) Act 2004 was correctly expanded to include gas appliance workers, and clarified that medical gas systems now fall within the regulatory scope of the Gas Safety Act 2000. The court upheld the introduction of offences related to unsafe medical gas systems and the corresponding penalties, emphasizing the importance of safety in medical gas systems.

The court ordered that the Building and Construction Legislation Amendment Act 2025 be interpreted in accordance with the findings. The whole-of-home calculator energy efficiency certificates must comply with the Act's requirements, the definition of gas appliance workers was upheld, and the offences related to unsafe medical gas systems were confirmed. The court also mandated that applied, adopted, or incorporated instruments be made accessible in accordance with the Act's provisions.