Building (Consequential Amendments) Act 2016 (TAS)

Building (Consequential Amendments) Act 2016

An Act to amend certain Acts and subordinate legislation consequent on the commencement of the Building Act 2016

[Royal Assent 23 September 2016]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Building (Consequential Amendments) Act 2016 . 2Commencement (1)  Except as provided by this section, the provisions of this Act commence on the day on which the Building Act 2016 commences. (2)  Section 7 and Schedule 2 commence – (a) on the day on which the Building and Construction Industry Security of Payment Amendment Act 2016 commences; or (b) if that Act has commenced before the Building Act 2016 commences, on the day on which the Building Act 2016 commences. (3)  Section 8 and Schedule 3 commence – (a) on the day on which the Residential Building Work Contracts and Dispute Resolution Act 2016 commences; or (b) if that Act has commenced before the Building Act 2016 commences, on the day on which the Building Act 2016 commences. 3Consequential amendments of statutory rules do not prevent their subsequent amendmentThe amendment by this Act of a provision of any statutory rule does not prevent that, or any other, provision of that statutory rule from being amended or rescinded by a subsequent statutory rule. 4Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  – (a) the administration of this Act is assigned to the Minister for Building and Construction; and (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice. 5Repeal of ActThis Act is repealed on the three hundred and sixty fifth day from the day on which all of its provisions commence. 6Consequential AmendmentsThe legislation specified in Schedule 1 is amended as specified in that Schedule. 7Consequential AmendmentsThe legislation specified in Schedule 2 is amended as specified in that Schedule. 8Consequential AmendmentsThe legislation specified in Schedule 3 is amended as specified in that Schedule. Schedule 1Consequential Amendments

Section 6

1.    Section 46 is amended as follows: (a) by omitting " Building Act 2000 " from the definition of Building Regulations and substituting " Building Act 2016 "; (b) by omitting " Building Act 2000 " from the definition of Plumbing Regulations and substituting " Building Act 2016 ". 1.    Section 4A is repealed. 1.    Section 19(1) is amended by omitting paragraph (a) from the definition of building practitioner and substituting: (a) a building services provider, or an owner builder, within the meaning of the Building Act 2016 ; 2.    Section 30(1)(a) is amended by omitting " Building Act 2000 " and substituting " Building Act 2016 ". 3.    Section 38(3) is amended by omitting "Building Regulation Advisory Committee established under the Building Act 2000 " and substituting "Director of Building Control within the meaning of the Building Act 2016 ". 1.    Section 3(1) is amended as follows: (a) by omitting " Building Act 2000 " from the definition of building permit and substituting " Building Act 2016 "; (b) by omitting " Building Act 2000 " from the definition of permit authority and substituting " Building Act 2016 "; (c) by omitting " Building Act 2000 " from the definition of plumbing permit and substituting " Building Act 2016 ". 1.    Section 2 is amended by omitting " Building Act 2000 " from paragraph (b) of the definition of works and substituting " Building Act 2016 ". 1.    Section 19(2)(b) is amended by omitting " Building Act 2000 " and substituting " Building Act 2016 ". 1.    Regulation 3 is amended as follows: (a) by omitting " Building Act 2000 " from the definition of on-site waste water management system and substituting "National Construction Code within the meaning of the Building Act 2016 "; (b) by omitting " Plumbing Regulations 2004 " from the definition of sewage and substituting "Plumbing Regulations". 2.    Regulation 9(2)(c) is amended as follows: (a) by omitting from subparagraph (i) " Plumbing Regulations 2004 " and substituting "Plumbing Regulations"; (b) by omitting from subparagraph (ii) " Plumbing Regulations 2004 " and substituting "Plumbing Regulations". 1.    Section 133A(2) is amended by omitting " Part 12 of the Building Act 2000 " and substituting "Part 19 of the Building Act 2016 ". 1.    Regulation 3 is amended as follows: (a) by omitting " Building Act 2000 " from paragraph (a) of the definition of building controls in subregulation (1) and substituting " Building Act 2016 "; (b) by omitting the definition of Building Regulations from subregulation (1) ; (c) by omitting from subregulation (3) " Building Act 2000 " and substituting " Building Act 2016 "; (d) by omitting from subregulation (4) " Building Act 2000 " and substituting " Building Act 2016 ". 2.    Regulation 5(1)(b) is amended by omitting " Building Act 2000 " and substituting " Building Act 2016 ". 1.    Section 20 is amended as follows: (a) by omitting " Building Act 2000 " from the definition of material alteration to or extension of in subsection (1) and substituting " Building Act 2016 "; (b) by omitting from subsection (3)(b) " Building Act 2000 " and substituting " Building Act 2016 "; (c) by omitting from subsection (7) " section 112 of the Building Act 2000 " and substituting "the Building Act 2016 ". 1.    Section 4A(1)(b) is amended by omitting " Building Act 2000 " and substituting " Building Act 2016 ". 1.    Regulation 3 is amended as follows: (a) by omitting " Building Act 2000 " from the definition of building permit and substituting " Building Act 2016 "; (b) by omitting " Building Act 2000 " from the definition of permit authority and substituting " Building Act 2016 ". 1.    Section 12(3)(a)(ii) is amended by omitting "Building Act 2000" and substituting " Building Act 2016 ". 1.    Regulation 32(a) is amended by omitting " Building Act 2000 " and substituting " Building Act 2016 ". 1.    Section 37 is amended as follows: (a) by omitting from subsection (7) " Building Act 2000 " and substituting " Building Act 2016 "; (b) by omitting from subsection (10)(a) " Building Act 2000 " and substituting " Building Act 2016 "; (c) by omitting from subsection (10)(b) "Plumbing Regulations, within the meaning of the Building Act 2000 " and substituting "Plumbing Regulations". 1.    Section 28(c) is amended by omitting " Building Act 2000 " and substituting " Building Act 2016 ". 1.    Regulation 9(c) is amended by omitting " Building Act 2000 " and substituting " Building Act 2016 ". 1.    The definition of associated plumbing work in regulation 3(1) is amended as follows: (a) by omitting from paragraph (d) " Building Act 2000 " and substituting " Building Act 2016 "; (b) by omitting from paragraph (e) " Building Act 2000 " and substituting " Building Act 2016 ". 2.    Regulation 4 is amended as follows: (a) by omitting from subregulation (1)(b) " Building Act 2000 " and substituting " Building Act 2016 "; (b) by omitting from subregulation (2)(e) "accredited building practitioner (designer) under the Building Act 2000 working within his or her area of competence as a building designer, building services designer or an engineer" and substituting "designer within the meaning of the Building Act 2016 working within his or her area of competence". 3.    Regulation 6(2)(a) is amended by omitting " Building Act 2000 " and substituting " Building Act 2016 ". 4.    Regulation 7(1) is amended as follows: (a) by omitting from paragraph (a) " Building Act 2000 " and substituting " Building Act 2016 "; (b) by omitting paragraph (b) and substituting the following paragraph: (b) which is notifiable plumbing work or permit plumbing work within the meaning of the Building Act 2016 . 1.    Schedule 3 is amended by omitting

Building Act 2000

Building Act 2016

1.    Regulation 6(1) is amended by omitting " Building Regulations 2004 " and substituting "Building Regulations". 1.    Section 9A(7) is amended by omitting " Building Act 2000 " twice occurring and substituting " Building Act 2016 ". 1.    Part 2 of Schedule 1 is amended as follows: (a) by omitting from clause 1(c) " Building Act 2000 " and substituting " Building Act 2016 "; (b) by omitting from clause 2(b) " Building Act 2000 " and substituting " Building Act 2016 "; (c) by omitting from clause 3(c) " Building Act 2000 " and substituting " Building Act 2016 ". 1.    Section 31(3) is amended as follows: (a) by omitting from paragraph (b) " Building Act 2000 " and substituting " Building Act 2016 "; (b) by omitting from paragraph (c) " Building Act 2000 " and substituting " Building Act 2016 ". 2.    Section 144(1)(b) is amended by omitting " Building Act 2000 " and substituting " Building Act 2016 ". 1.    Clause 8 of Schedule 1 is amended by inserting "or Building Act 2016 " after " Building Act 2000 ". 1.    Section 81A(1) is amended as follows: (a) by omitting "essential safety and health feature" from paragraph (f) of the definition of building work and substituting "essential building services"; (b) by omitting the definition of essential safety and health feature and substituting the following definition: essential building services has the same meaning as it has in the Building Act 2016 ; 1.    Regulation 13(2) is amended as follows: (a) by omitting from paragraph (l)(i) " Building Act 2000 " and substituting " Building Act 2016 "; (b) by omitting from paragraph (o) " Building Act 2000 " and substituting " Building Act 2016 ". 1.    Section 56TA is amended as follows: (a) by omitting " Building Act 2000 " from the definition of building work and substituting " Building Act 2016 "; (b) by omitting " Building Act 2000 " from the definition of permit authority and substituting " Building Act 2016 "; (c) by omitting " Building Act 2000 " from the definition of plumbing work and substituting " Building Act 2016 "; (d) by omitting " Building Act 2000 " from paragraph (a) of the definition of relevant permit authority and substituting " Building Act 2016 "; (e) by omitting " Building Act 2000 " from paragraph (b) of the definition of relevant permit authority and substituting " Building Act 2016 ". 2.    Section 56TB is amended as follows: (a) by omitting from subsection (1) "under section 72 of the Building Act 2000 an application for a building permit" and substituting "an application for a building permit under the Building Act 2016 "; (b) by omitting from subsection (2) "under section 82 of the Building Act 2000 an application for a plumbing permit, or a special plumbing permit," and substituting "an application for a plumbing permit under the Building Act 2016 ". 3.    Section 56TD is amended as follows: (a) by omitting from subsection (1) "under section 112 of the Building Act 2000 a certificate of completion (building work)" and substituting "a certificate of completion under the Building Act 2016 "; (b) by omitting from subsection (2) "under section 113 of the Building Act 2000 a certificate of completion (plumbing work)" and substituting "a certificate of completion under the Building Act 2016 ". 4.    Section 56Y(2) is amended by omitting " Building Act 2000 " and substituting " Building Act 2016 ". Schedule 2Consequential Amendments

Section 7

1.    Section 4 is amended as follows: (a) by omitting paragraph (a) from the definition of building practitioner and substituting the following paragraph: (a) a building services provider, or an owner builder, within the meaning of the Occupational Licensing Act 2005; (b) by omitting "section 6 of the Building Act 2000" from the definition of Director and substituting "section 15 of the Building Act 2016"; (c) by omitting " Building Regulations 2014 " from paragraph (f) of the definition of fire safety system and substituting "Building Regulations". Schedule 3Consequential Amendments

Section 8

1.    Section 4(1) is amended as follows: (a) by omitting the definition of Director and substituting the following definition: Director means the Director of Building Control appointed under section 15 of the Building Act 2016; (b) by omitting "Building Act 2000" from paragraph (b) of the definition of residential building work contract and substituting "Building Act 2016". 2.    Section 6(1) is amended by omitting "Building Regulations 2014 or any regulations that replace those regulations" from paragraph (f) of the definition of fire safety system and substituting "Building Regulations". 3.    Section 21 is amended as follows: (a) by omitting "Building Act 2000" from the definition of certificate of likely compliance in subsection (1) and substituting "Building Act 2016"; (b) by omitting from subsection (2) "Building Act 2000" and substituting "Building Act 2016"; (c) by omitting from subsection (3) "Building Act 2000" and substituting "Building Act 2016". 4.    Section 31(3) is amended by omitting "Building Act 2000" and substituting "Building Act 2016". 5.    Section 32(3) is amended as follows: (a) by omitting from paragraph (a) "Building Act 2000" and substituting "Building Act 2016"; (b) by omitting from paragraph (b)(ii) "Building Act 2000" and substituting "Building Act 2016"; (c) by omitting from paragraph (c)(ii) "Building Act 2000" and substituting "Building Act 2016"; (d) by omitting from paragraph (d)(ii) "Building Act 2000" and substituting "Building Act 2016". 6.    Section 43(1)(b) is amended by omitting "Building Act 2000" and substituting "Building Act 2016". 7.    Section 85 is amended by omitting "established under the Building Act 2000" and substituting "within the meaning of the Building Act 2016".

[Second reading presentation speech made in:

House of Assembly on 6 APRIL 2016

Legislative Council on 2 JUNE 2016]