Building and Development Certifiers Amendment (Refund of Fees) Regulation 2020 (NSW)

New South Wales

Building and Development Certifiers

Amendment (Refund of Fees) Regulation

2020

under the

Building and Development Certifiers Act 2018

Her Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Building and Development Certifiers Act 2018.

KEVIN ANDERSON, MP

Minister for Better Regulation and Innovation

Explanatory note

The object of this Regulation is to amend the Building and Development Certifiers Regulation 2020 to provide for the partial refund of certain application fees for registrations or approvals payable under the

Building and Development Certifiers Act 2018 in particular circumstances.
This Regulation is made under the Building and Development Certifiers Act 2018, including section 120
(the general regulation-making power).

Building and Development Certifiers Amendment (Refund of Fees) Regulation 2020 [NSW]

Building and Development Certifiers Amendment (Refund of

Fees) Regulation 2020

under the

Building and Development Certifiers Act 2018

1      Name of Regulation

This Regulation is the Building and Development Certifiers Amendment (Refund of

Fees) Regulation 2020.

2      Commencement

This Regulation commences on 1 July 2020 and is required to be published on the
NSW legislation website.

Building and Development Certifiers Amendment (Refund of Fees) Regulation 2020 [NSW]

Schedule 1 Amendment of Building and Development Certifiers Regulation 2020

Schedule 1	Amendment of Building and Development
Certifiers Regulation 2020

Clause 67A

Insert after clause 67—

67A	Partial refund of application fees for certain registrations or approvals
(1) This clause applies to an application fee for grant of registration or approval with a term of 3 years or 5 years, paid by or on behalf of a person who—

(a)

requested the cancellation or suspension of the registration granted under the Act, or

(b)

requested the cancellation of the approval granted under the Act, or

(c)

if the fee was paid by or on behalf of an individual—has died.

(2)

A person may apply to the Secretary for a refund of the application fee if the
person—

(a)	paid the application fee, or
(b)	is applying for or on behalf of the person who paid the application fee, or
(c)	is the legal representative of a deceased individual who paid the application fee.

(3)

A person is not entitled to make an application under this clause if the registration or approval was cancelled or suspended as a result of disciplinary action.

(4)

A person who makes an application under subclause (2) is—

(a)	for a registration or approval with a term of 3 years—entitled to a refund of one-third of the application fee paid for each complete year remaining for the registration or approval, or
(b)	for a registration or approval with a term of 5 years—entitled to a refund of one-fifth of the application fee paid for each complete year remaining for the registration or approval.

(5)

In this clause—

application fee means the following—

(a)	an application fee for the grant of registration,
(b)	an application fee for the grant of approval as an accreditation authority.