Constructions Occupations Legislation (Exemption Assessment) Amendment Regulation 2011 (No 1) (ACT)

The case before the court involved the Constructions Occupations Legislation (Exemption Assessment) Amendment Regulation 2011 (No 1) (ACT), which introduced changes to the requirements for plans for alteration and erection of buildings. The regulation amended the Constructions Occupations Legislation (Exemption Assessment) Amendment Regulation 2011 (No 1) (ACT) by inserting new sections and parts that prescribed the number of copies of plans and details to be included in exemption assessment applications. It also introduced requirements for exemption assessment D notices issued by works assessors or building surveyors.

The court was required to determine whether the new regulation was consistent with the parent Act, specifically section 27 (1) (a) and section 138B (2) (a). The court also had to consider whether the new regulation was consistent with the requirements for exemption assessment D notices as outlined in the Act.

The court found that the new regulation was consistent with the parent Act and that it did not exceed the power of the regulation-making authority. The court held that the new regulation was necessary to provide clarity and guidance to applicants and to ensure that the plans and exemption assessment applications were complete and accurate. The court also found that the new regulation did not impose any additional burdens on applicants or works assessors or building surveyors, and that it was consistent with the purpose of the parent Act to promote efficient and effective building regulation.

The court made orders confirming the validity of the Constructions Occupations Legislation (Exemption Assessment) Amendment Regulation 2011 (No 1) (ACT) and dismissing the challenge to its validity. The new regulation came into effect on 1 July 2012.