QLDIn ForceAct
Building Act 1975
sec.42Criteria for decision
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### sec.42 Criteria for decision
In making the decision the chief executive must consider all relevant matters, including for example—
whether the building work substantially complies with the other building assessment provisions; and
whether compliance with the provision is unnecessary in the particular circumstances; and
whether the proposed variation is as effective as, or more effective than, compliance with the provision.
However, the chief executive may vary how the provision applies to the building work only if the chief executive considers the general safety and structural standards of the relevant building or structure would not be at risk.
s 42 prev s 42 amd 1981 No. 53 s 15 ; 1984 No. 45 s 28 ; 1987 No. 69 s 13 ; 1991 No. 52 s 2 .63; 1993 No. 70 s 804 sch
om 1998 No. 13 s 13
pres s 42 ins 2006 No. 36 s 5
amd 2016 No. 27 s 61
(sec.42-ssec.1) In making the decision the chief executive must consider all relevant matters, including for example— whether the building work substantially complies with the other building assessment provisions; and whether compliance with the provision is unnecessary in the particular circumstances; and whether the proposed variation is as effective as, or more effective than, compliance with the provision.
(sec.42-ssec.2) However, the chief executive may vary how the provision applies to the building work only if the chief executive considers the general safety and structural standards of the relevant building or structure would not be at risk.
- (a) whether the building work substantially complies with the other building assessment provisions; and
- (b) whether compliance with the provision is unnecessary in the particular circumstances; and
- (c) whether the proposed variation is as effective as, or more effective than, compliance with the provision.