Building and Construction Legislation Amendment Regulation 2025 (No 1) (ACT)

Building and Construction Legislation Amendment Regulation 2025 (No 1)

Subordinate Law SL2025-11

The Australian Capital Territory Executive makes the following regulation under the Building Act 2004, the Construction Occupations (Licensing) Act 2004 and the Gas Safety Act 2000.

Dated 30 June 2025.

YVETTE BERRY

A/g Chief Minister

CHRIS STEEL

Minister

Building and Construction Legislation Amendment Regulation 2025 (No 1)

Subordinate Law SL2025-11

made under the

Building Act 2004, the Construction Occupations (Licensing) Act 2004 and the Gas Safety Act 2000

Contents

Page

Part 1      Preliminary

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

Part 2      Building (General) Regulation 2008

4            Sections 33AA and 35AA  2

5            Section 37A  2

6            Dictionary, note 2  2

Part 3      Construction Occupations (Licensing) Regulation 2004

7           Section 13 (5) to (7)  3

8            New section 45A  3

Part 4      Gas Safety Regulation 2001

9            Section 17 heading  5

10          Section 17 (1)  5

11          Section 17 (2)  5

Part 1Preliminary

1. Name of regulation

   This regulation is the Building and Construction Legislation Amendment Regulation 2025 (No 1).

2. Commencement

   (1)This regulation (other than sections 4 to 6) commences on the day after its notification day.

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

   (2)Sections 4 and 6 commence on the commencement of the Building (General) Amendment Regulation 2024 (No 2), section 4.

   (3)Section 5 commences on the commencement of the Property Developers Act 2024, schedule 2, amendment 2.26.

3. Legislation amended

   This regulation amends the following legislation:

   ·     Building (General) Regulation 2008

   ·     Construction Occupations (Licensing) Regulation 2004

   ·     Gas Safety Regulation 2001.

Part 2Building (General) Regulation 2008

1. Sections 33AA and 35AA

   omit

2. Section 37A

   substitute

37APeople excluded—Act, s 84, def property developer, par (b) (iii)

A person is taken to be excluded if the person is excluded under the Property Developers Act 2024, section 46 (2).

1. Dictionary, note 2

   omit

   ·     public servant

Part 3Construction Occupations (Licensing) Regulation 2004

1. Section 13 (5) to (7)

   omit

2. New section 45A

   in part 7, insert

45AApplying, adopting or incorporating documents in statutory instruments

(1)A statutory instrument made under this regulation may apply, adopt or incorporate (with or without change or modification)—

(a)a law, an Australian Standard or an 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 document applied, adopted or incorporated under subsection (1) or under the Legislation Act, section 47 (3).

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

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

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

Part 4Gas Safety Regulation 2001

1. Section 17 heading

   substitute

2. Construction occupations registrar may direct testing of consumer piping system or medical gas system

3. Section 17 (1)

   after

   consumer piping system

   insert

   or medical gas system

4. Section 17 (2)

   substitute

   (2)The construction occupations registrar may, by written notice, direct the following people to arrange for the testing of the system to find out if it is safe:

   (a)if the system is a consumer piping system—the owner of the premises where the consumer piping system is installed;

   (b)if the system is a medical gas system—the person responsible for the medical gas system.

1. Notification

   Notified under the Legislation Act on 30 June 2025.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2025