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Building Act 2004
74Government buildings—application for fitness certificate
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74 Government buildings—application for fitness certificate
(1) This section applies to a building if—
(a) the building was erected on land that, when the building was
erected, was held—
(i) by the Commonwealth; or
(ii) by the Territory; or
(iii) by someone else under a lease from the Commonwealth;
and
(b) a certificate of occupancy or regularisation has not been issued
for the building.
(2) Application for a certificate that the building is fit for occupation may
be made by a person eligible to make the application under subsection
(3) or (4).
(3) If, when the application is made, the building is on land held under a
lease from the Commonwealth, the application may be made by the
lessee.
(4) If, when the application is made, the building is not on land held under
a lease from the Commonwealth, the application may be made by—
(a) if the land is held by a person, including the Territory, under a
tenancy from the Commonwealth, whether or not the occupier
is the tenant or a subtenant—the Commonwealth or the tenant;
or
(b) if the land is held under a tenancy from the Territory, whether
or not the occupier is the tenant or a subtenant—the tenant; or
(c) for national land—the Commonwealth; or
(d) for Territory land—the Territory.
(5) The application must—
(a) be in writing signed by or on behalf of the applicant; and
(b) provide sufficient information to allow the building to be
identified; and
(c) be accompanied by a copy of the plans and specifications
relating to—
(i) the erection of the building and any alteration to it; or
(ii) the building when the application is made; and
(d) state the purpose for which the building or each part of the
building is being used; and
(e) if it is intended that any part of the building be used for a purpose
other than the purpose for which it is being used when the
application is made—state the intended purpose.