Building (General) Amendment Regulation 2024 (No 1) (ACT)

Building (General) Amendment Regulation 2024 (No 1)

Subordinate Law SL2024-6

The Australian Capital Territory Executive makes the following regulation under the Building Act 2004.

Dated 30 April 2024.

ANDREW BARR

Chief Minister

REBECCA VASSAROTTI

Minister

Building (General) Amendment Regulation 2024 (No 1)

Subordinate Law SL2024-6

made under the

Building Act 2004

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Table 36F, item 2, column 3  1

5            Section 36F (2), definition of protected tree  1

6            New sections 36G to 36J  2

7           Schedule 1, part 1.3, item 3, column 1  5

8            Schedule 1, part 1.3, item 10, column 1  5

9            Schedule 3, section 3.1 (1), definition of tolerances guide  5

10          Schedule 3, section 3.1 (1), notes 2 and 3  5

11          Schedule 3, part 3.2, item 12  5

1. Name of regulation

   This regulation is the Building (General) Amendment Regulation 2024 (No 1).

2. Commencement

   This regulation commences on the commencement of the Building (Swimming Pool Safety) Legislation Amendment Act 2023, section 3.

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

3. Legislation amended

   This regulation amends the Building (General) Regulation 2008.

4. Table 36F, item 2, column 3

   omit

   Tree Protection Act 2005

   substitute

   Urban Forest Act 2023

5. Section 36F (2), definition of protected tree

   omit

   Tree Protection Act 2005, section 8

   substitute

   Urban Forest Act 2023, section 9

6. New sections 36G to 36J

   in part 3A, insert

36GPrescribed requirements for safety barrier—Act, s 83N (2) (c)

(1)This section applies to a regulated swimming pool that is not subject to—

(a)a standing exemption; or

(b)a Ministerial exemption.

(2)A safety barrier for the regulated swimming pool is an effective and safe child-resistant barrier if the barrier complies with the requirements for the barrier as in force immediately before the commencement of this section.

(3)This section expires on 30 April 2028.

36HCompetency matters for person to exercise functions of authorised person—Act, s 83P (3)

(1)The matters the director-general must consider in relation to a person’s competency in exercising the functions of an authorised person are—

(a)whether the person has demonstrated adequate knowledge and experience in relation to the functions of an authorised person; and

(b)whether the person is—

(i)an Australian citizen; or

(ii)a permanent resident; or

(iii)a temporary resident who holds a visa that allows the person to work carrying out the functions of an authorised person; and

(c)whether the person has been convicted or found guilty of an offence—

(i)that is an indictable offence under a law of the ACT or the Commonwealth; or

(ii)for an offence committed outside the ACT—that would be an indictable offence against a law of the ACT if committed in the ACT; and

NoteA conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).

(d)whether the person has been the subject of any disciplinary action, however expressed, relating to a construction occupation that involved a finding of guilt; and

(e)whether the person has previously exercised the functions of an authorised person under the Act or a relevant law and did not exercise the functions in accordance with—

(i)the terms of their appointment as an authorised person; or

(ii)the directions given to the person in relation to the exercise of their functions.

(2)In this section:

construction occupation—

(a)see the Construction Occupations (Licensing) Act 2004, section 7; and

(b)includes a construction occupation (however described) under a law of the Commonwealth or a State.

NoteState includes the Northern Territory (see Legislation Act, dict, pt 1)

permanent resident means—

(a)a person who holds a permanent visa for the Migration Act 1958 (Cwlth), section 30; or

(b)a New Zealand citizen who holds a special category visa under the Migration Act 1958 (Cwlth), section 32.

relevant law means a law of the Commonwealth or a State relating to swimming pool safety (however described).

NoteState includes the Northern Territory (see Legislation Act, dict, pt 1)

36IBuilding surveyor taken to be appointed as authorised person—Act, s 83P (4)

An individual is taken to be appointed as an authorised person if the individual holds a licence in the construction occupation of building surveyor issued under the Construction Occupations (Licensing) Act 2004, part 3 (Construction practitioners licences).

36JDirector-general may end building surveyor’s appointment as authorised person

(1)This section applies in relation to an individual taken to be appointed as an authorised person under section 36I.

(2)If the director-general is satisfied the individual is not capable of competently exercising the functions of an authorised person, the director-general may, by written notice, decide that the individual cease exercising the functions of an authorised person.

(3)The notice must—

(a)state the date the decision takes effect; and

(b)be given to the individual as soon as practicable.

(4)An individual subject to a decision made under subsection (2) must cease exercising the functions of an authorised person—

(a)by the stated date; or

(b)if the notice is given to the individual after the stated date—on the day the notice is given to the individual.

1. Schedule 1, part 1.3, item 3, column 1

   after

   1.8m

   insert

   , other than a fence forming integral part of required enclosure for regulated swimming pool

2. Schedule 1, part 1.3, item 10, column 1

   omit

   artificial

3. Schedule 3, section 3.1 (1), definition of tolerances guide

   omit

   2007

   substitute

   2017

4. Schedule 3, section 3.1 (1), notes 2 and 3

   substitute

   Note 2The tolerances guide does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 45). The tolerances guide is accessible at >

   Schedule 3, part 3.2, item 12

   substitute

12 regulated swimming pool pool does not have the fencing or barrier required under the Act to restrict access of young children to pool and immediate pool surrounds

Endnotes

1. Notification

   Notified under the Legislation Act on 30 April 2024.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2024