4Definitions

4 Definitions In this Act: access modification decision, for Part 10A, see section 129G(2). actuary, for an approved scheme, means the actuary appointed for the scheme under section 54E(1)(b). adjoining property, in relation to building work, means a property (including a street) that is next to, or near, the land on which the building work is to be carried out. Advisory Committee means the Building Advisory Committee established by section 9(1). alternative solution decision, for Part 10A, see section 129E(2). Appeals Board means the Building Appeals Board established by section 17. applicant, for Part 10A, see section 129A. approval criteria, for a fidelity fund scheme, see section 54DA(3). approval to occupy a building on a temporary basis means an approval granted under Part 8, Division 4. approved means approved by the Director. Building Act 1993 3 approved form means a form approved under section 167A. approved insurer means a body corporate or person approved under section 54CA. approved scheme means a fidelity fund scheme approved under section 54DB(3)(a). auditor: (a) for Part 3 – see section 21A; or (b) for Part 5A – for an approved scheme, means the auditor appointed for the scheme under section 54E(1)(a). authorised officer means a person appointed to be, or who is a member of a class of persons appointed to be, an authorised officer or authorised officers under section 162(1). authorised RBI policy, see section 54CB(1). builder's declaration, see section 69(1). Building Area means a part of the Territory to which, under section 6(2), all or any of the provisions referred to in that section are declared to apply. building includes a structure and a part of a building or structure. building certifier means an individual or corporation registered under section 24 in the category of building practitioners known as building certifiers and, in relation to a function the Director is directed under section 48 to perform, includes the Director. building notice means a building notice issued under section 108 or 109. building order means a building order made under section 112. building permit means a permit to carry out building work granted building practitioner: (a) for Part 3 – see section 21A; or (b) otherwise – means, an individual or corporation registered under Part 3. Building Act 1993 4 building work means work for or in connection with the construction, demolition or removal of: (a) a building; or (b) plumbing or drainage services, whether or not connected to a building, other than plumbing or drainage services vested in the Power and Water Corporation established by the Power and Water Corporation Act 1987. carry out, in relation to building work, includes to cause to be carried out. category of building practitioner has the meaning in section 4A. certificate of existence means a certificate granted under Part 8, Division 3. certificate of substantial compliance means a certificate granted under Part 8, Division 2A. Commissioner means the Commissioner of Residential Building Disputes mentioned in section 54F. construct, in relation to a building, includes: (a) build, re-build, erect or re-erect the building; and (b) repair the building; and (c) make alterations to the building; and (d) enlarge or extend the building; and (e) place or relocate the building on land. consumer guarantee dispute, see section 54FC(2). consumer guarantees, see section 54B(1). contracting owner means the owner of the land to which a residential building contract applies. contracting residential builder means a prescribed building contractor mentioned in section 48B who is not a developer. current owner, for Part 5A, see section 54AD. deemed to satisfy provisions, in relation to disability access provisions, see section 129B(2)(a)(ii). Building Act 1993 5 defective, in relation to prescribed residential building work, means building work: (a) carried out by a residential builder in a way that contravenes a consumer guarantee; or (b) for which the residential builder has supplied materials otherwise than as required by a consumer guarantee. developer means a prescribed building contractor mentioned in section 48B who carries out prescribed residential building work on land owned by that building contractor. Director means the Director of Building Control appointed under section 7. disability access decision, for Part 10A, see section 129A. disability access provisions, see section 129B. exemption certificate, see section 73A(1). existing building work, in relation to a certificate of existence, see section 72D(2). fidelity certificate, see section 54D. fidelity fund scheme means a scheme for a building industry fidelity fund established under a trust deed. fire upgrading report means a report prepared under section 116. guidelines, see section 167B. Minister's observer, for an approved scheme, means the Minister's observer appointed under section 54DFA(1). misleading information means information that is misleading in a material particular or because of the omission of a material particular. nominee, of a corporation, means an individual appointed under section 22A as the corporation nominee. occupancy certification, means one of the following: (a) an occupancy permit; (b) a certificate of substantial compliance; (c) a certificate of existence; Building Act 1993 6 (d) an approval to occupy a building on a temporary basis. occupancy permit means a permit granted under Part 8, Division 2. owner, in relation to land, includes every person who jointly or severally: (a) is entitled to the land for an estate of freehold in possession; or (b) is a person to whom the Crown has lawfully contracted to sell the land under an Act relating to the alienation of lands of the Crown; or (c) is entitled to receive or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise. owner-builder means a person to whom an owner-builder certificate is granted. owner-builder certificate means a certificate granted under section 48F(1). performance reporting means information on past performance of building practitioners available in the system mentioned in section 14(1)(a). performance requirements, in relation to disability access provisions, see section 129B(2)(a)(i). Practitioners Board means the Building Practitioners Board established by section 12. prescribed means prescribed by regulation. prescribed certification, see section 73A(2). prescribed effective period, in relation to consumer guarantees, see section 54B(2). prescribed event, see section 73C(2). prescribed residential building work, see section 54AB(1). promote or conduct, in relation to a public assembly, includes to be interested in the proceeds or profits, if any, of the public assembly. Building Act 1993 7 prudential standards, for an approved scheme, see section 54DC. public assembly means an assembly of persons whether or not admission to the assembly is gained on payment of money or other consideration and whether or not its purpose is public entertainment. public authority means the Crown, a local government council, or a public authority established by or under an Act or a statutory body representing the Crown, and includes a person exercising functions on behalf of the Crown or council or the authority or body. RBI means residential building insurance. RBI policy document, see section 54CD(2). registered means registered under Part 3. Registrar, in relation to a committee or board, means the employee, within the meaning of the Public Sector Employment and Management Act 1993, whose duties under that Act include performing the functions of the Registrar of the committee or board. Regulations includes a code or other document adopted by the Regulations for the purposes of this Act. relevant person, in Part 9, means the owner of land or a building who proposes to carry out building work on the land or building. relevant technical standards, for Part 8, in relation to building work for which a building permit has been granted, means any standards or codes, in force in the Territory during the period the building permit is in force, that regulate the building work. repealed Act means the Building Act 1983 as in force immediately before the commencement of this Act. reporting authority means a body or person (other than the building certifier to whom the application is made) required by the Regulations to report on, or consent to, an application for a building permit. residential builder, see section 54AB(2) and (3). residential building means a building in relation to which a residential builder carries out prescribed residential building work. residential building contract means a contract entered into under section 48B(1). Building Act 1993 8 residential building insurance, see section 54C. special actuary, for an approved scheme, means the special actuary appointed for the scheme under section 54EF. street includes a road (within the meaning of the Control of Roads Act 1953), lane, footway, square, court, alley and right of way. temporary structure means: (a) a booth, tent or other temporary enclosure, whether or not a part of it is permanent; or (b) a mobile structure. Tribunal means the Civil and Administrative Tribunal.