QLDIn ForceAct
Building Act 1975
sec.57Building certifier’s or referral agency’s discretion—QDC
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### sec.57 Building certifier’s or referral agency’s discretion—QDC
This section applies for a building certifier or referral agency carrying out building assessment work for a building development application if—
a part of the QDC applies to the application; and
the part allows a discretionary decision about a building design or specification; and
QDC uses the word ‘suitable’ or ‘adequate’
the application proposes the use of the discretion.
The building certifier or referral agency must decide whether the design or specification complies with—
generally—the QDC; or
if, for the application, the QDC is varied under part 1 , division 2 —the QDC as varied.
s 57 prev s 57 amd 1978 No. 47 s 21 ; 1991 No. 52 s 2 0.74
om 1998 No. 13 s 17
pres s 57 ins 2006 No. 36 s 5
amd 2016 No. 27 s 69
(sec.57-ssec.1) This section applies for a building certifier or referral agency carrying out building assessment work for a building development application if— a part of the QDC applies to the application; and the part allows a discretionary decision about a building design or specification; and QDC uses the word ‘suitable’ or ‘adequate’ the application proposes the use of the discretion.
(sec.57-ssec.2) The building certifier or referral agency must decide whether the design or specification complies with— generally—the QDC; or if, for the application, the QDC is varied under part 1 , division 2 —the QDC as varied.
- (a) a part of the QDC applies to the application; and
- (b) the part allows a discretionary decision about a building design or specification; and Example of discretionary decision— QDC uses the word ‘suitable’ or ‘adequate’
- (c) the application proposes the use of the discretion.
- (a) generally—the QDC; or
- (b) if, for the application, the QDC is varied under part 1 , division 2 —the QDC as varied.