Australian Capital Territory Consolidated Acts

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BUILDING ACT 2004 - SECT 152

Regulation-making power

    (1)     The Executive may make regulations for this Act.

Note     Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    (2)     A regulation may exempt a building from the application of this Act, or part of the Act, whether—

        (a)     directly or by a further instrument; or

        (b)     conditionally or otherwise.

    (3)     The regulations may make provision in relation to—

        (a)     the approval of building work in relation to particular buildings; and

        (b)     anything else in relation to the approval of building work on particular buildings; and

        (c)     the following:

              (i)     when an entity must be consulted about, consent to, or approve, an application for building approval;

              (ii)     anything else in relation to the consultation, consent or approval.

Note     See s 27 (1) (b).

    (4)     The regulations may make provision about a matter by applying, adopting or incorporating (with or without change) a standard, or a provision of a standard, as in force from time to time.

    (5)     The Legislation Act, section 47 (6) does not apply in relation to an Australian Standard, or an Australian/New Zealand Standard, applied, adopted or incorporated as in force from time to time under the regulations.

    (6)     The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 60 penalty units for offences against the regulations.



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