Australian Capital Territory Consolidated Acts

BUILDING ACT 2004 - SECT 30A

    (1)     This section applies to an application to a certifier for building approval if—

        (a)     a regulation requires the advice of an entity to be sought on the application; and

        (b)     the entity's advice has been sought as prescribed by regulation; and

        (c)     issuing the approval or carrying out work in accordance with the approval would be inconsistent with the advice; and

        (d)     the entity has not—

              (i)     withdrawn the advice; or

              (ii)     changed or added to the advice so that issuing the approval or carrying out work in accordance with the approval would not be inconsistent with the advice as changed or added to.

    (2)     The certifier must not issue the building approval unless satisfied on reasonable grounds that—

        (a)     further information or amendments of the application address the advice of the entity; or

        (b)     the advice relates to an area other than an area that the entity giving the advice is authorised by regulation to give advice on.

    (3)     A regulation may prescribe the following:

        (a)     when the advice of an entity must be sought on an application to a certifier for building approval;

        (b)     if an entity's advice must be sought on an application to a certifier for building approval—the advice the entity may give;

        (c)     anything else in relation to the advice.