65Secretary may appoint airport building controller for an airport site

65 Secretary may appoint airport building controller for an airport site

Appointment (1) The Secretary may appoint, as the airport building controller for an airport site: (a) an authority of the Commonwealth; or (b) an authority of the State in which the airport site is located; or (c) a local government body; or (d) a person (a relevant entity) who is an individual, body or 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 or works in the State; and (ii) that does not hold a stake 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 for the airport site does not hold a stake of more than 5%. (2) However, the Secretary may only make an appointment under paragraph (1)(b) or (c) if the relevant State in which the airport site is located agrees to the appointment. (3) For subparagraph (1)(d)(i), an individual is qualified under the law of a State to approve building activities or to certify the fitness of buildings or works in the State if the individual: (a) if the State law requires the individual to have obtained particular education qualifications—has obtained those qualifications; and (b) if the State law requires the individual to be licensed (however described)—is so licensed; and (c) if the State law requires the individual to have particular practical experience—has that practical experience. (4) A body or corporation is taken to be qualified for the purposes of subparagraph (1)(d)(i) if one of the following kinds of individual is so qualified: (a) an employee or independent contractor of the body or corporation; (b) a director or other officer of the body or corporation. Circumstances in which relevant entities may be appointed despite lacking qualifications (5) A relevant entity may be appointed as the airport building controller for an airport site although not qualified under subparagraph (1)(d)(i) if the Secretary is satisfied that: (a) there is no relevant entity so qualified that is reasonably available for the appointment; and (b) subject to subsection (6), 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. (6) For paragraph (5)(b), in deciding whether qualifications or experience give sufficient capacity for the discharge of the powers, duties and responsibilities of an airport building controller for the airport site, the Secretary must have regard to whether the qualifications or experience relate to a field similar to building approval or certification such as building, architecture or engineering. Requirement for Secretary to consult with airport‑lessee company (7) At least 14 days before appointing the 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 site and invite the airport‑lessee company to make any submission it thinks appropriate in relation to the proposal. (8) In determining whether to make a particular appointment, the Secretary must have regard to any submissions by the airport‑lessee company received before the day specified in the notice as the day on which the appointment is proposed to be made.