{"id":"sl-2025-11","name":"Building and Construction Legislation Amendment Regulation 2025 (No 1)","slug":"building-and-construction-legislation-amendment-regulation-2025-no-1","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"11 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173265,"registerId":"act-sl-2025-11-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Building and Construction Legislation Amendment Regulation 2025 (No 1)","content":"J2025-350\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBuilding and Construction Legislation\nAmendment Regulation 2025 (No 1)\nSubordinate Law SL2025-11\nThe Australian Capital Territory Executive makes the following regulation under\nthe Building Act 2004, the Construction Occupations (Licensing) Act 2004 and\nthe Gas Safety Act 2000.\nDated 30 June 2025.\nYVETTE BERRY\nA/g Chief Minister\nCHRIS STEEL\nMinister\n\n\n\nJ2025-350\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBuilding and Construction Legislation\nAmendment Regulation 2025 (No 1)\nSubordinate Law SL2025-11\nmade under the\nBuilding Act 2004, the Construction Occupations (Licensing) Act 2004 and the Gas\nSafety Act 2000\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 1\n2 Commencement 1\n3 Legislation amended 1\n\nContents\nPage\ncontents 2 Building and Construction Legislation Amendment\nRegulation 2025 (No 1)\nSL2025-11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Building (General) Regulation 2008\n4 Sections 33AA and 35AA 2\n5 Section 37A 2\n6 Dictionary, note 2 2\nPart 3 Construction Occupations (Licensing)\nRegulation 2004\n7 Section 13 (5) to (7) 3\n8 New section 45A 3\nPart 4 Gas Safety Regulation 2001\n9 Section 17 heading 5\n10 Section 17 (1) 5\n11 Section 17 (2) 5\n\nPreliminary Part 1\nSection 1\nSL2025-11 Building and Construction Legislation Amendment\nRegulation 2025 (No 1)\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Building and Construction Legislation\nAmendment Regulation 2025 (No 1).\n2 Commencement\n(1) This regulation (other than sections 4 to 6) commences on the day\nafter its notification day.\nNote The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\n(2) Sections 4 and 6 commence on the commencement of the Building\n(General) Amendment Regulation 2024 (No 2), section 4.\n(3) Section 5 commences on the commencement of the Property\nDevelopers Act 2024, schedule 2, amendment 2.26.\n3 Legislation amended\nThis regulation amends the following legislation:\n• Building (General) Regulation 2008\n• Construction Occupations (Licensing) Regulation 2004\n• Gas Safety Regulation 2001.\n\nPart 2 Building (General) Regulation 2008\nSection 4\npage 2 Building and Construction Legislation Amendment\nRegulation 2025 (No 1)\nSL2025-11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Building (General)\nRegulation 2008\n4 Sections 33AA and 35AA\nomit\n5 Section 37A\nsubstitute\n37A People excluded—Act, s 84, def property developer,\npar (b) (iii)\nA person is taken to be excluded if the person is excluded under the\nProperty Developers Act 2024, section 46 (2).\n6 Dictionary, note 2\nomit\n• public servant\n\nConstruction Occupations (Licensing) Regulation 2004 Part 3\nSection 7\nSL2025-11 Building and Construction Legislation Amendment\nRegulation 2025 (No 1)\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Construction Occupations\n(Licensing) Regulation 2004\n7 Section 13 (5) to (7)\nomit\n8 New section 45A\nin part 7, insert\n45A Applying, adopting or incorporating documents in\nstatutory instruments\n(1) A statutory instrument made under this regulation may apply, adopt\nor incorporate (with or without change or modification)—\n(a) a law, an Australian Standard or an Australian/New Zealand\nStandard as in force from time to time; or\n(b) another instrument as in force from time to time.\n(2) The Legislation Act, section 47 (5) and (6) do not apply to a document\napplied, adopted or incorporated under subsection (1) or under the\nLegislation Act, section 47 (3).\nNote The document does not need to be notified under the Legislation Act\nbecause s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).\n(3) The director-general must ensure that an instrument applied, adopted\nor incorporated under subsection (1) (b) is—\n(a) available for inspection by anyone without charge during\nordinary business hours at an ACT government office; or\n(b) accessible on an ACT government website, or by a link on an\nACT government website.\n\nPart 3 Construction Occupations (Licensing) Regulation 2004\nSection 8\npage 4 Building and Construction Legislation Amendment\nRegulation 2025 (No 1)\nSL2025-11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) An instrument applied, adopted or incorporated under\nsubsection (1) (b) is not enforceable by or against the Territory or\nanyone else unless it is made available in accordance with\nsubsection (3).\n\nGas Safety Regulation 2001 Part 4\nSection 9\nSL2025-11 Building and Construction Legislation Amendment\nRegulation 2025 (No 1)\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Gas Safety Regulation 2001\n9 Section 17 heading\nsubstitute\n17 Construction occupations registrar may direct testing of\nconsumer piping system or medical gas system\n10 Section 17 (1)\nafter\nconsumer piping system\ninsert\nor medical gas system\n11 Section 17 (2)\nsubstitute\n(2) The construction occupations registrar may, by written notice, direct\nthe following people to arrange for the testing of the system to find\nout if it is safe:\n(a) if the system is a consumer piping system—the owner of the\npremises where the consumer piping system is installed;\n(b) if the system is a medical gas system—the person responsible\nfor the medical gas system.\n\npage 6 Building and Construction Legislation Amendment\nRegulation 2025 (No 1)\nSL2025-11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Notification\nNotified under the Legislation Act on 30 June 2025.\n2 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly scoped to its original purpose of amending building, construction licensing, and gas safety laws. The amendments are technical and consequential in nature, aligning existing regulations with new legislation (Property Developers Act 2024) and expanding gas safety oversight to medical systems — both within the expected scope of these regulatory frameworks."},"complexity_factors":["Short document (6 pages, 11 operative sections)","Most amendments are simple omissions or substitutions of single provisions","Only one substantive new provision (section 45A) introducing dynamic incorporation of standards","Limited cross-referencing — primarily links to the Property Developers Act 2024 and Legislation Act","No nested conditional logic or exceptions to exceptions","Straightforward commencement provisions with only 3 different commencement dates"],"plain_english_summary":"This regulation makes targeted amendments to three ACT laws governing building, construction licensing and gas safety — a tidy “patch” that updates definitions, removes obsolete provisions, and enables future flexibility. It links property‑developer rules to a new Act, lets regulations automatically adopt external technical standards as they change, and extends gas‑safety testing powers to medical gas systems. \n\nIt mainly streamlines administration but matters because hospitals gain clearer gas‑safety oversight and construction rules can follow updated standards without fresh legislation."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation expands regulatory scope in two concrete ways: it broadens the construction occupations regulator’s testing power to cover medical gas systems and assigns the duty to arrange testing to owners or the person responsible (Gas Safety Reg, ss 17(1)–(2)); and it permits ongoing incorporation of external standards and instruments into licensing regulation, while conditioning enforceability on public availability (Construction Occupations Reg, s 45A). It also shifts the definition of who is excluded as a property developer to the Property Developers Act (Building (General) Reg, s 37A), increasing reliance on another Act for scope determinations."},"complexity_factors":["Cross‑instrument commencement dependencies that delay parts of the regulation until other instruments commence (commencement, ss 2(2)–(3)).","Substitution of exclusion wording to reference the Property Developers Act rather than defining exclusions in-place (Building (General) Reg, s 37A), increasing reliance on external Act definitions.","Addition of incorporation‑by‑reference power allowing instruments to adopt external laws and standards 'as in force from time to time' (new Construction Occupations Reg, s 45A(1)), creating ongoing linkage to changing external texts.","Exception to Legislation Act notification requirements for incorporated documents (s 45A(2)), paired with an availability and enforceability condition (ss 45A(3)–(4)) that imposes specific administrative duties and legal risk if not met.","Extension of regulator enforcement reach to medical gas systems and specification of who must arrange testing (Gas Safety Reg, ss 17 heading, 17(1)–(2)), creating new compliance obligations for named private parties.","Omissions of prior provisions and definitions (parts omitted in Building (General) and Construction Occupations regs) that can affect interpretation and transition.","Multiple points of administrative discretion (eg, director‑general must ensure availability under s 45A(3)) that affect implementation burden and timing."],"plain_english_summary":"This regulation updates ACT building, construction-licensing and gas-safety rules. Mechanically it replaces an exclusion rule to rely on the Property Developers Act, allows regulations to apply or adopt external standards/documents (subject to availability), and extends the registrar’s power to require safety testing to include medical gas systems. \n\nIt affects property developers, licensed construction workers, owners and the persons responsible for systems by shifting exclusion rules to the Property Developers Act, creating obligations to make adopted documents available before they are enforceable, and placing testing costs and duties on owners or persons responsible for the system."}},"importantCases":[],"_links":{"self":"/api/acts/building-and-construction-legislation-amendment-regulation-2025-no-1","history":"/api/acts/building-and-construction-legislation-amendment-regulation-2025-no-1/history","analysis":"/api/acts/building-and-construction-legislation-amendment-regulation-2025-no-1/analysis","conflicts":"/api/acts/building-and-construction-legislation-amendment-regulation-2025-no-1/conflicts","importantCases":"/api/acts/building-and-construction-legislation-amendment-regulation-2025-no-1/important-cases","documents":"/api/acts/building-and-construction-legislation-amendment-regulation-2025-no-1/documents"}}