4.01Appointment of airport building controller

#### 4.01 Appointment of airport building controller (1) The Secretary may appoint, as airport building controller for an airport site: (a) an authority of the Commonwealth, or of the State in which the airport site is located; or (b) a local government body; or (c) an individual, a body or a corporation: (i) qualified under the law of the State in which the airport site is located, to approve building activity or certify the fitness of buildings in the State; and (ii) that does not hold a stake (within the meaning given by clause 11 of the Schedule to the Act) of more than 5% in the airport‑lessee company for the airport; and (iii) in the case of a body or a corporation—in which the airport‑lessee company does not hold a stake (within the meaning given by clause 11 of the Schedule to the Act) of more than 5%. (1A) Subject to subregulation (1B), an individual, a body or a corporation (the relevant entity) may be appointed under subregulation (1) for an airport site in a State although not qualified under subparagraph (1)(c)(i) if the Secretary is satisfied: (a) that there is no relevant entity so qualified that is reasonably available for the appointment; and (b) that the relevant entity’s qualifications or experience give it sufficient capacity to discharge the powers, duties and responsibilities of an airport building controller for the airport site. (1B) In deciding whether qualifications or experience give sufficient capacity, the Secretary must have regard to whether they relate to a field similar to building approval or certification such as building, architecture or engineering. (1C) A corporation may be appointed under subregulation (1) for an airport site in a State although not qualified under subparagraph (1)(c)(i) if one of the following kinds of individual is so qualified: (a) an employee or subcontractor of the corporation; (b) a director or other officer of the corporation. (2) At least 14 days before appointing an airport building controller for an airport site, the Secretary must give written notice of the proposed appointment to the airport‑lessee company for the airport, and invite the airport‑lessee company to make any submission it thinks appropriate in relation to the proposal. (3) In determining whether to make a particular appointment, the Secretary must have regard to a submission by the airport‑lessee company if the submission is received before the day specified in the notice as the day on which it is proposed to make the appointment. (4) In this regulation, qualified, for an individual, means qualified under the law of a State if the individual has, in relation to the approval of building activity or the certification of fitness of buildings: (a) obtained any formal educational qualification such as a certificate, diploma or degree; and (b) any vocational registration, accreditation or licence; and (c) any practical experience; required by that law.