Building Services (Complaint Resolution and Administration) Amendment Regulations (No. 3) 2012 (WA)

Case
No judgment structure available for this case.

14 August 2012 GOVERNMENT GAZETTE, WA 3827

CM301*

Building Services (Complaint Resolution and Administration) Act 2011

Building Services (Complaint Resolution and

Administration) Amendment Regulations

(No. 3) 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Building Services (Complaint
Resolution and Administration) Amendment Regulations
(No. 3) 2012.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.

3.             Regulations amended

These regulations amend the Building Services (Complaint
Resolution and Administration) Regulations 2011.

4.             Regulation 5A inserted

At the end of Part 1 insert:

5A. Regulated building service: unauthorised work
(1) In this regulation —
unauthorised work has the meaning given in the
Building Act 2011 section 51(1).
3828 GOVERNMENT GAZETTE, WA 14 August 2012
(2) Unauthorised work is prescribed for the purposes of the
definition of regulated building service in section 3 of
the Act.

5.             Regulation 8 amended

In regulation 8(2) after “building service complaint” insert:

or HBWC complaint

6.             Regulation 27 inserted

At the end of Part 4 insert:

27.           Enforcement of decisions of former Tribunal

(1) In this regulation —
former Tribunal has the meaning given in section 132
of the Act;
repealed Act has the meaning given in section 132 of
the Act.
(2) If a person fails to comply in whole or in part with an
order of the former Tribunal or the Registrar of the
former Tribunal under section 12A(1)(a) or (1a)(a) of
the repealed Act, the Building Commissioner or the
State Administrative Tribunal may deal with the matter
as if the order were a building remedy order to which
section 51 of the Act applied.
(3) For the purposes of subregulation (2) —
(a)

$100 000, the Building Commissioner is taken

if the amount claimed is not more than section 51 of the Act;

(b)

otherwise, the State Administrative Tribunal is taken to be the responsible adjudicator.

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.

———————————

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0