Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales act
What it is: The Building (Approvals and Practitioners) Act 2026 (No 26) is a New South Wales statute that, by its title, concerns building approvals and the roles/responsibilities of building practitioners. The uploaded excerpt contains mainly website metadata and status notes rather than the Act’s substantive provisions. Key status lines in the excerpt: "Current version for 14 August 2026", "Some, but not all, of the provisions displayed in this version of the legislation have commenced", and that amending provisions are "subject to automatic repeal pursuant to sec 30C of the Interpretation Act 1987 No 15." This is legal information only; get a qualified Australian lawyer to check before acting.
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Direct links to the current provisions in Building (Approvals and Practitioners) Act 2026.
Part 1 Preliminary
2 Commencement
This Act commences as follows—
(a) for Schedule 3[20] and [45]—on the date of assent to this Act,
(b) otherwise—on a day or days to be appointed by proclamation.
3 Definitions
The dictionary in Schedule 2 defines words used in this Act.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
4 Objects of Act
The objects of this Act are as follows—
(a) to establish a framework for the approval and oversight of building work that—
(i) is adaptable to emerging construction trends, and
(ii) improves the quality of the construction of buildings, and
(iii) promotes public confidence in the quality of the construction of buildings, and
(iv) requires design and building work to comply with the National Construction Code,
(b) to foster a professional and capable construction industry by providing for the registration of—
(i) persons who carry out functions related to the design and approval of building work and the issuing of declarations for building work, and
(ii) other building professionals,
(c) to provide proportionate regulatory powers to strengthen accountability and provide public confidence in the regulatory oversight of registration holders,
(d) to foster an accountable, innovative and competitive construction industry by—
(i) ensuring appropriate scrutiny of persons regulated under this Act, and
(ii) addressing behaviour that does not meet the required standards.
5 Extraterritorial application
This Act has extraterritorial application to the extent the legislative powers of the State permit.
6 Mutual recognition
(1) Because of the Mutual Recognition Act and subject to that Act—
(a) this Act applies to an equivalent interstate licensee in the same way this Act applies to a registration holder, and
(b) a reference to a registration includes a reference to the automatic deemed registration of an equivalent interstate licensee.
(2) This Act must, as far as practicable, be interpreted in a way that is compatible with—
(a) the Mutual Recognition Act, and
(b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
(3) In this section—
equivalent interstate licensee, in relation to a registration, means a person who, because of the Mutual Recognition Act, is authorised to carry on an occupation in New South Wales that would otherwise require the person to hold the registration.
Mutual Recognition Act means the Mutual Recognition Act 1992 of the Commonwealth.
Part 2 Key definitions
7 National Construction Code, Building Code and Plumbing Code
(1) In this Act—
National Construction Code means the National Construction Code, Volumes 1, 2 and 3—
(a) published by the Australian Building Codes Board, and
(b) as in force from time to time.
Building Code of Australia means the National Construction Code, Volumes 1 and 2.
Plumbing Code of Australia means the National Construction Code, Volume 3.
(2) The regulations may modify the National Construction Code for this section, including by specifying provisions that are taken—
(a) not to be included in Volume 1, 2 or 3, or
(b) to be included in Volume 1, 2 or 3, or
(c) to substitute provisions in Volume 1, 2 or 3.
(3) The regulations may specify provisions—
(a) in the regulations, or
(b) by adopting provisions in standards or other documents.
8 Approvals work
In this Act, approvals work means the following—
(a) the issuing of approvals under Part 3, Division 2,
(b) the carrying out of inspections required—
(i) by this Act or the regulations, or
(ii) for the purpose of issuing—
(A) an approval under Part 3, Division 2, or
(B) a certificate referred to in paragraph (c),
(c) the following functions under the Environmental Planning and Assessment Act 1979—
(i) the issuing of complying development certificates,
(ii) the issuing of subdivision works certificates,
(iii) the carrying out of inspections of subdivision work,
(iv) the issuing of subdivision certificates,
(v) the issuing of compliance certificates,
(d) the issuing of strata certificates under the Strata Schemes Development Act 2015, Part 4,
(e) the following functions under the Swimming Pools Act 1992, Part 2, Division 5—
(i) the inspection of swimming pools,
(ii) the issuing of certificates of compliance and notices,
(f) other work prescribed by the regulations.
9 Building element
(1) In this Act, building element, in relation to a building, means the following—
(a) the fire safety systems for the building within the meaning of the Building Code of Australia,
(b) waterproofing,
(c) an internal or external load-bearing component of the building that is essential to the stability of the building or a part of the building, including the following—
(i) in-ground components and footings,
(ii) floors,
(iii) walls,
(iv) roofs,
(v) columns,
(vi) beams,
(d) a component of the building that is part of the building enclosure,
(e) the aspects of the following for the building that are required to achieve compliance with the Building Code of Australia—
(i) mechanical services,
(ii) plumbing services,
(iii) electrical services,
(f) other things prescribed by the regulations for this section.
(2) The regulations may exclude things from being building elements for this Act.
(3) In this section—
building enclosure means the parts of the building that physically separate the interior environment of the building from the exterior environment, including—
(a) roof systems,
(b) walls, including walls below the level of the ground,
(c) windows and doors.
10 Building work
(1) In this Act, building work means physical activity involved in the erection of a building and includes work prescribed by the regulations.
(2) The regulations may exclude work from being building work.
11 Close associate
(1) In this Act, a person is a close associate of another person if the person—
(a) is a business partner of the other person, or
(b) is, or has been in the previous 12 months, an employee or agent of the other person, or
(c) is related to the other person—
(i) as a spouse or de facto partner, including a former spouse or de facto partner, or
(ii) as a child, grandchild, sibling, parent or grandparent, including as a child, grandchild, sibling, parent or grandparent of a person referred to in subparagraph (i), or
(iii) in a way prescribed by the regulations, or
(d) is a body corporate, or a member of a body corporate, partnership, trust, syndicate or joint venture, in which the other person or a person referred to in paragraphs (a)–(c) has a beneficial interest, or
(e) is a body corporate that is a parent company or subsidiary, within the meaning of the Corporations Act, of the other person, or
(f) holds or will hold a relevant position in the business of the other person, or
(g) is able to exercise a significant influence, directly or indirectly, over the other person or the operation or management of the other person’s business because of—
(i) a relevant financial interest, or
(ii) a relevant power, or
(h) is a person prescribed by the regulations.
(2) In this section—
business partner, of a person (the first person), means another person with whom the first person collaborates to trade or do business, including a person with whom the first person has a contractual arrangement or other alliance to trade or do business.
relevant financial interest, for a business, means—
(a) a share in the capital of the business, or
(b) an entitlement to receive income derived from the business, whether the entitlement arises at law, in equity or otherwise.
relevant position means the following positions, however described—
(a) director,
(b) manager,
(c) secretary,
(d) an executive position.
relevant power means a power—
(a) to—
(i) participate in a directorial, managerial or executive decision, or
(ii) elect or appoint a person to a relevant position, and
(b) that may be exercised as follows—
(i) by voting or otherwise,
(ii) directly or indirectly,
(iii) alone or in association.
12 Prefabricated building
(1) In this Act, prefabricated building means the following if manufactured away from the building site—
(a) a substantially complete building or room,
(b) a building component that—
(i) is modular, and
(ii) will become a building element when properly installed, and
(iii) cannot be inspected without destructive testing or destructive opening when installed on the site,
(c) anything prescribed by the regulations.
(2) A moveable dwelling is not a prefabricated building.
(3) The regulations may exclude things from being prefabricated buildings.
(4) The Secretary may issue guidelines to assist in deciding whether something is a prefabricated building or not.
(5) The guidelines are issued by publication in the Gazette.
(6) A court or the Tribunal must consider the guidelines when making a decision about whether something is a prefabricated building or not.
(7) The regulations may modify how this Act and the Home Building Act 1989 apply to—
(a) prefabricated buildings, and
(b) work involving prefabricated buildings, and
(c) persons carrying out work involving prefabricated buildings.
13 Registered work
(1) In this Act, registered work means work that may be carried out only under a registration.
(2) The regulations may prescribe the work that may be carried out only under a registration.
Part 3 Approvals and other approvals work
Division 1 Preliminary
14 Definitions
In this part—
local council—
(a) means, for a local government area, the council for the area, and
(b) includes—
(i) for Lord Howe Island—the Lord Howe Island Board, or
(ii) for land in the Western Division that is not within a local government area—the Planning Minister.
local government area—
(a) means an area under the Local Government Act 1993, and
(b) includes—
(i) Lord Howe Island, and
(ii) land in the Western Division that is not within an area under the Local Government Act 1993.
prepare, a document, includes coordinating or supervising the preparation of the document.
Division 2 Approvals
Subdivision 1 Building approval
15 Building work requires building approval
(1) This section applies to the following building work, but only to the extent the building work involves the erection of a building—
(a) building work carried out under a development consent,
(b) building work—
(i) carried out as exempt development, and
(ii) prescribed by the regulations.
Note—
A building approval is not required under this division for building work carried out under a complying development certificate.
(2) A person must not carry out building work unless the building work is authorised to be carried out by—
(a) a building approval, or
(b) a complying development certificate.
Maximum penalty—
(a) for an individual—2,000 penalty units, or
(b) otherwise—10,000 penalty units.
(3) A development consent does not authorise the carrying out of building work.
16 Building work carried out under building approval or complying development certificate
(1) A person must not carry out building work under a building approval unless—
(a) the building work is carried out in accordance with the building approval, and
(b) if the regulations prescribe additional requirements to be satisfied before the building work may be carried out—the additional requirements have been satisfied.
Maximum penalty—
(a) for an individual—2,000 penalty units, or
(b) otherwise—10,000 penalty units.
(2) A person must not carry out building work under a complying development certificate unless—
(a) the building work is carried out in accordance with the complying development certificate, and
(b) if the regulations prescribe additional requirements to be satisfied before the building work may be carried out—the additional requirements have been satisfied.
Maximum penalty—
(a) for an individual—2,000 penalty units, or
(b) otherwise—10,000 penalty units.
17 Applications for building approval—general
(1) An application for a building approval for building work may be made by—
(a) the owner of the land on which the building work will be carried out, or
(b) another person with the consent of the owner.
(2) The application must not be made by a person who will carry out the building work, unless the person is the owner of the land.
Maximum penalty—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
(3) The application must—
(a) be made using the NSW planning portal, and
(b) be accompanied by—
(i) the prescribed fee, and
(ii) the documents prescribed by the regulations, and
(c) if the regulations prescribe additional requirements—comply with the additional requirements.
(4) The application must—
(a) if an approval authority is already appointed for the building work—specify that the approval authority is already appointed, or
(b) otherwise—nominate an approval authority.
(5) The nominated approval authority is taken to be appointed for the building work if the approval authority accepts the application.
(6) A local council that is nominated cannot refuse to accept the application.
18 Applications—building work involving building element
(1) This section applies to an application for a building approval for building work involving a building element for a prescribed building.
(2) The application must also be accompanied by a regulated design, including the design compliance declaration for the design, for—
(a) the building element, and
(b) other aspects of the building work prescribed by the regulations.
(3) The regulations may prescribe exemptions to this section.
19 Applications—building work involving performance solution
(1) This section applies to an application for a building approval for building work involving a performance solution.
(2) The application must also be accompanied by a report that—
(a) is in accordance with the Building Code of Australia, and
(b) contains relevant building work plans and specifications that show and describe the physical elements of the performance solution, if possible, and
(c) if the proposed performance solution relates to a fire safety requirement for a building prescribed by the regulations—is developed following consultation with the Fire Commissioner, and
(d) complies with other requirements prescribed by the regulations.
(3) If the performance solution is a higher-risk performance solution, the report must—
(a) be prepared by a registration holder whose registration authorises the holder to prepare the report, and
(b) be certified by a declaration (a performance solution report compliance declaration) that—
(i) is made by a registration holder—
(A) who prepared the report, and
(B) whose registration authorises the holder to make the declaration, and
(ii) states that—
(A) the report complies with the requirements of this section, and
(B) the performance solution complies with the Building Code of Australia, and
(C) building work carried out in accordance with the report will comply with the Building Code of Australia, and
(iii) includes anything else required by the regulations.
(4) In this section—
higher-risk performance solution means a performance solution prescribed by the regulations as a higher-risk performance solution.
20 Applications—staged building work
(1) This section applies to an application for a building approval for staged building work.
(2) The application for building approval may be made for only part (a stage) of the staged building work.
(3) A separate application for building approval must be made for each stage of the staged building work.
(4) Each building approval for staged building work relates only to the building work specified for the particular stage.
(5) The approval authority must consider the impact of other stages of the building work when deciding each application for a building approval for staged building work.
(6) The first application for a building approval in relation to staged building work must include a schedule (a staging schedule) of the proposed stages in which the building work will be carried out.
(7) The staging schedule must be in an approved form.
(8) The regulations may make provision about staged building work, including by—
(a) specifying the period within which all stages must be completed, and
(b) setting out a process for amending a staging schedule.
21 Approval authority may require additional information
(1) The appointed approval authority for building work may require an applicant to give the approval authority additional information the approval authority reasonably requires to decide the application.
(2) If the additional information is given to the approval authority before the application is decided, the information is taken to form part of the application.
22 Deciding applications
(1) An approval authority must not issue a building approval for building work unless—
(a) the application for the approval has been made in accordance with this part, and
(b) the approval authority is appointed for the building work, and
(c) for building work carried out under a development consent—
(i) the development consent is in force, and
(ii) the building work is consistent with the development consent, and
(iii) the conditions of the development consent required to be complied with before an approval may be issued have been complied with, and
(d) the building work, if carried out in accordance with the approval, will comply with the Building Code of Australia as in force—
(i) when the application is made, or
(ii) for staged building work—when the application for the first stage is made, and
(e) if a long service levy is payable under the Building and Construction Industry Long Service Payments Act 1986, section 34 in relation to the building work—
(i) the levy has been paid, or
(ii) for a levy payable by instalments—the first instalment of the levy has been paid, and
(f) if the regulations require a site inspection to be carried out—the site inspection has been carried out at the time required by the regulations, and
(g) other requirements prescribed by the regulations are satisfied.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
(2) The regulations may apply a different version of the Building Code of Australia to a building approval rather than the version referred to in subsection (1)(d)(i) or (ii).
23 Refusing to issue approval
(1) An approval authority must give an applicant for a building approval written notice (a refusal notice) if the approval authority refuses to issue the approval.
(2) The refusal notice must set out the reasons why the building approval was not issued.
(3) The regulations may prescribe other requirements for a refusal notice.
24 Issue of approval
(1) The approval authority must, when issuing a building approval for building work—
(a) issue the approval in an approved form, and
(b) specify in the approval what the classification of the building will be following the completion of the building work, and
Note—
The Building Code of Australia allows for different parts of a building to have different classifications.
(c) include the following—
(i) the documents, including designs and declarations, relied on by the approval authority to issue the approval,
(ii) a document setting out the nature and timing of the inspections required to be carried out by the approval authority in relation to the building work,
(iii) for building work involving a building other than a class 1a building, a class 10 building or a temporary structure—a fire safety schedule for the building, and
(d) for an approval for a stage of staged building work—
(i) include the staging schedule for the building work, and
(ii) specify in the approval the stage to which the approval relates by reference to the staging schedule.
Maximum penalty—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
(2) An earlier fire safety schedule is superseded by a later fire safety schedule and ceases to have effect when the later fire safety schedule is issued.
(3) The regulations may—
(a) impose conditions on building approvals, and
(b) specify circumstances in which a building approval for the first stage of staged building work does not require a fire safety schedule.
25 Variation of approval
(1) A building approval for building work may be varied with the consent of the approval authority appointed for the building work.
(2) The approval authority may consent to the variation if satisfied that the building approval would still have been issued if the variation had been included as part of the application.
(3) The approval authority must keep a record of variations in accordance with the regulations.
(4) The regulations may make provision about variations, including—
(a) prohibiting certain variations, or
(b) restricting the circumstances in which consent to a variation may be given, or
(c) imposing requirements about recording variations and giving the Secretary or other persons or agencies access to the records.
26 Approval or variation after building work commences
(1) The approval authority must not issue a building approval that applies to building work that has already commenced, except as provided by section 27.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
Note—
For staged building work, each stage involves different building work and the building approval applies only to the building work carried out during the particular stage to which the building approval relates.
(2) The approval authority must not consent to a variation of a building approval that applies to building work that has already been carried out, except as provided by section 27.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
(3) An approval issued or varied in contravention of this section is void and has no effect.
27 Authorisation after building work commences
(1) Despite section 26, the decision-maker may authorise an approval authority to issue or vary a building approval after building work has commenced (a post-commencement authorisation).
(2) The post-commencement authorisation may require that conditions and other matters be included in the building approval or the building approval as varied.
(3) The post-commencement authorisation may be given subject to conditions, including a condition requiring rectification work to be carried out before the authorisation has effect.
(4) The regulations may make provision about post-commencement authorisations, including by—
(a) setting out how an application for an authorisation must be made, including by specifying the information that must accompany the application, and
(b) specifying the matters that must be considered by the decision-maker in deciding whether to give an authorisation, and
(c) setting out the time in which the decision-maker must make a decision, and
(d) specifying the rights of review for an applicant whose authorisation is refused or given subject to conditions, and
(e) modifying the application of this part in relation to the issuing or varying of a building approval in accordance with an authorisation.
(5) In this section—
decision-maker means—
(a) the Secretary, or
(b) another person or body prescribed by the regulations.
28 Effect of post-commencement authorisation
(1) If a building approval is issued for building work in accordance with the post-commencement authorisation, the building work is taken to be carried out under the building approval.
(2) Authorising the issue of a building approval in accordance with the post-commencement authorisation does not prevent—
(a) a person from being found guilty of an offence under section 15, or
(b) other action being taken against a person in relation to a contravention of that section.
(3) An approval authority does not, because of the issuing or varying of a building approval in accordance with the post-commencement authorisation—
(a) commit an offence under section 25, or
(b) incur liability for loss or damage for failure to comply with that section.
(4) A post-commencement authorisation does not otherwise affect the requirements of this subdivision in relation to issuing or varying a building approval.
29 Decision-maker may recover costs
(1) The decision-maker is entitled to recover all reasonable costs incurred by the decision-maker in giving a post-commencement authorisation under section 27.
(2) The decision-maker may—
(a) give a written costs assessment to a relevant party that sets out the amount of the costs and the time by which the costs must be paid, and
(b) recover the costs from the relevant party as a debt in a court of competent jurisdiction if the relevant party does not pay the costs by the time set out in the costs assessment.
(3) In this section—
relevant party, for building work carried out without approval on land, means the following—
(a) the person having the benefit of the development consent for the building work,
(b) the owner of the land,
(c) the person responsible for carrying out the building work,
(d) the person who carried out the building work.
30 Documents part of approval and approval part of development consent
(1) The documents, including designs and declarations, relied on by the approval authority to issue or vary a building approval are taken to form part of the building approval.
(2) A document varied in accordance with this subdivision replaces the earlier version of the document.
(3) A building approval for building work is taken to form part of the development consent under which the building work is carried out.
Subdivision 2 Completion approvals
31 Requirement for completion approval
(1) This section applies to building work, or a change of building use not involving building work, under a relevant approval.
(2) The person having the benefit of the relevant approval must ensure an application is made for a completion approval for the building work or change of building use—
(a) in accordance with this subdivision, and
(b) within the period prescribed by the regulations.
Maximum penalty—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
(3) In this section—
relevant approval means—
(a) a building approval, or
(b) a development consent, or
(c) a complying development certificate.
32 Applications for completion approval—general
(1) An application for a completion approval may be made by—
(a) the owner of the land, or
(b) another person with the consent of the owner.
(2) The application must not be made by a person who carried out the building work to which the application relates, unless the person is the owner of the land.
Maximum penalty—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
(3) An application for a completion approval may be made for a part of a building—
(a) when the building work or change of building use is completed for the part, and
(b) in the same way an application is made for the whole of a building.
(4) The application must—
(a) be made using the NSW planning portal, and
(b) be accompanied by—
(i) the prescribed fee, and
(ii) the documents prescribed by the regulations, and
(c) comply with additional requirements prescribed by the regulations.
33 Applications—building work involving building element
(1) This section applies to an application for a completion approval for building work involving a building element for a prescribed building.
(2) Except as provided by the regulations, the application must also be accompanied by a building work compliance declaration for the building work made by the principal contractor for the building work.
(3) In this section—
principal contractor, for building work, means the registration holder who entered into a contract to carry out the building work other than as a subcontractor.
34 Applications—change of building use not involving building work
(1) This section applies to an application for a completion approval for a change of building use that does not involve building work.
(2) The application must—
(a) if an approval authority is already appointed for the change of building use—specify that the approval authority is already appointed, or
(b) otherwise—nominate an approval authority.
(3) The nominated approval authority is taken to be appointed for the change of building use if the approval authority accepts the application.
(4) A local council that is nominated cannot refuse to accept the application.
35 Approval authority may require additional information
(1) The appointed approval authority for building work or a change of building use may require an applicant to give the approval authority additional information the approval authority reasonably requires to decide the application.
(2) If additional information is given to the approval authority before the application is decided, the information is taken to form part of the application.
36 Deciding application
(1) An approval authority must not issue a completion approval for building work or a change of building use unless—
(a) the application for the approval has been made in accordance with this part, and
(b) the approval authority is appointed for the building work or change of building use, and
(c) all inspections required for the building work or change of building use have been carried out as required, and
(d) if the development consent or complying development certificate includes a relevant condition—the relevant condition has been complied with, and
(e) the building to which the building work or change of building use applies—
(i) is suitable for occupation and use in accordance with the class of the building, and
(ii) for a building capable of occupation—is otherwise safe to occupy, and
(f) for building work—
(i) the building work has been carried out in accordance with the building approval or complying development certificate that authorised the building work, and
(ii) the building work is consistent with the development consent or complying development certificate, and
(iii) if the building work includes work prescribed by the regulations—the documents required by the regulations have been given to the approval authority, and
(g) for a change of building use—the change of building use has been carried out in accordance with the development consent or complying development certificate that authorised the change of building use, and
(h) other requirements prescribed by the regulations are satisfied.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
(2) In this section—
relevant condition—
(a) means a condition required to be complied with before a completion approval is issued, and
(b) includes a condition prescribed by the regulations, and
(c) does not include—
(i) a condition, other than a condition referred to in paragraph (b), that the approval authority reasonably considers—
(A) is not possible to comply with before the completion approval is issued, or
(B) is not relevant to the building work or change of building use to which the completion approval relates, or
(ii) a condition prescribed by the regulations.
37 Refusing to issue approval
(1) An approval authority must give an applicant for a completion approval written notice (a refusal notice) if the approval authority refuses to issue the approval.
(2) The refusal notice must set out the reasons why the completion approval was not issued.
(3) The regulations may prescribe other requirements for a refusal notice.
38 Fire safety certificates
(1) This section applies to a building if—
(a) a completion approval is required for the building because of building work or a change of building use, and
(b) a fire safety schedule was required to be included in—
(i) for building work—the building approval or complying development certificate under which the building work is carried out, or
(ii) for a change of building use—the development consent or complying development certificate under which the change of building use is carried out.
(2) An approval authority must not issue a completion approval in relation to the building unless the approval authority has issued a fire safety certificate for the building.
Maximum penalty for subsection (2)—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
39 Issue of approval
(1) The approval authority must, when issuing a completion approval—
(a) issue the approval in an approved form, and
(b) include the documents relied on by the approval authority to issue the approval, and
(c) if a fire safety certificate is required under section 38—include the fire safety certificate.
Maximum penalty—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
(2) The regulations may impose conditions on completion approvals.
40 Effect of approval on earlier approvals
A completion approval—
(a) for a building—revokes an earlier completion approval for the building, or
(b) for a part of a building—revokes an earlier completion approval to the extent the earlier completion approval applies to the part.
41 Documents part of approval and approval part of development consent
(1) The documents relied on by the approval authority to issue a completion approval are taken to form part of the completion approval.
(2) A completion approval for building work or a change of building use is taken to form part of the development consent or complying development certificate under which the building work or change of building use is carried out.
42 Occupation of buildings
(1) A person must not occupy a building if—
(a) the building results from building work, and
(b) the building is capable of being occupied, and
(c) the building is not already lawfully occupied, and
(d) an application for a completion approval is required to be made under this subdivision for the building work, and
(e) a completion approval is not in force for the building.
Maximum penalty—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
(2) A person must not commence occupation under a new use of a building if—
(a) an application for a completion approval is required to be made under this subdivision for the change of building use, and
(b) a completion approval is not in force for the change of building use.
Maximum penalty—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
(3) A building approval or development consent does not authorise a building to be occupied.
Subdivision 3 Crown building work
43 Meaning of “Crown building work”
(1) In this Act, Crown building work—
(a) means development, or a Division 5.1 activity, by the Crown that comprises—
(i) the erection of a building, or
(ii) the doing of anything incidental to the erection of a building, but
(b) does not include the following—
(i) exempt development,
(ii) anything prescribed by the regulations.
(2) In this section—
Crown has the meaning prescribed by the regulations.
Division 5.1 activity means an activity subject to an environmental impact assessment under the Environmental Planning and Assessment Act 1979, Division 5.1.
44 Election to have Crown building work approved under this part
(1) This division does not apply to Crown building work unless—
(a) the work is building work to which section 15 applies, and
(b) an election is made to have the work approved under this part.
(2) The election is made if an application for an approval to carry out the building work is made in accordance with Subdivision 1.
45 Crown building work not approved under this part
(1) This section applies to Crown building work for which an election has not been made to have the work approved under this part.
(2) The Crown building work cannot be commenced unless—
(a) the work is certified by the Crown to comply with the Building Code of Australia as in force on—
(i) if an invitation for tenders to carry out the work occurred—the date of the invitation for tenders, or
(ii) otherwise—the date on which the work commences, and
(b) for Crown building work involving a building element for a prescribed building—the following are obtained—
(i) a regulated design,
(ii) a design compliance declaration, and
(c) for Crown building work involving a prefabricated building that, when completed, will be a class 1 building or part of a class 1 building—the following are obtained—
(i) a prefabricated building declaration for the prefabricated building,
(ii) prefabricated building instructions for the prefabricated building.
(3) The Crown must obtain a building work compliance declaration for Crown building work involving a building element for a prescribed building.
46 Subdivision subject to regulations
This subdivision may be modified by the regulations.
Subdivision 4 Prefabricated buildings
47 Definition
In this part—
manufacturer, of a prefabricated building, means the person who manufactures the prefabricated building away from the building site.
48 Prefabricated building declaration
(1) In this Act, a prefabricated building declaration, for a prefabricated building, means a declaration—
(a) made by a person who—
(i) is a manufacturer of the prefabricated building, and
(ii) if the regulations prescribe additional requirements—satisfies the additional requirements, and
(b) that is in an approved form, and
(c) that declares that the prefabricated building—
(i) complies with the requirements of the Building Code of Australia, and
(ii) if the regulations prescribe additional requirements—complies with the additional requirements, and
(d) that includes other matters required to be included by the regulations.
(2) A person who carries out building work involving a prefabricated building is able to reasonably rely on the prefabricated building declaration for the building to be satisfied of the matters to which the declaration relates.
49 Prefabricated building instructions
(1) In this Act, prefabricated building instructions, for a prefabricated building, means a document prepared by the manufacturer of the prefabricated building that includes the following—
(a) instructions about how to transport the prefabricated building to the building site in a way that will ensure the prefabricated building can be erected in compliance with—
(i) the requirements of the Building Code of Australia, and
(ii) if the regulations prescribe additional requirements—the additional requirements,
(b) building and design requirements that support the prefabricated building being erected at the building site in compliance with—
(i) the requirements of the Building Code of Australia, and
(ii) if the regulations prescribe additional requirements—the additional requirements,
(c) other matters required to be included by the regulations.
(2) The regulations may require the prefabricated building instructions to be in an approved form.
50 Conditions of building approval or complying development certificate
(1) This section applies to building work involving a prefabricated building that, when completed, will be a class 1 building or part of a class 1 building.
(2) The requirements in subsections (3) and (4) are conditions of a building approval or complying development certificate that authorises building work involving a prefabricated building.
(3) Building work involving a prefabricated building must not commence unless the prefabricated building declaration and prefabricated building instructions have been—
(a) obtained for the prefabricated building, and
(b) given to the approval authority for the building work using the NSW planning portal.
(4) Building work involving a prefabricated building must not be carried out after the approval authority—
(a) has been given the prefabricated building declaration and prefabricated building instructions for the prefabricated building, and
(b) has notified the person having the benefit of the building approval or complying development certificate that the approval authority is not satisfied the building work will comply with—
(i) the Building Code of Australia, or
(ii) the building approval or complying development certificate.
51 Information must be given when supplying prefabricated building
(1) A person must not supply a prefabricated building to another person unless the other person has been given—
(a) the prefabricated building declaration for the building, and
(b) the prefabricated building instructions for the building, and
(c) other information prescribed by the regulations.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
(2) This section does not apply to the sale of a prefabricated building after the building has been erected.
(3) The regulations may prescribe exemptions from this section.
52 Prefabricated buildings manufactured outside New South Wales
The regulations may do the following—
(a) exempt prefabricated buildings manufactured outside the State from some or all of the provisions of this part and section 45,
(b) impose alternative requirements in relation to prefabricated buildings manufactured outside the State.
Subdivision 5 Miscellaneous
53 Requirements for issue of complying development certificates
(1) An approval authority must not issue a complying development certificate for complying development involving building work unless satisfied that—
(a) the building work will comply with the Building Code of Australia as in force on the day the application for the complying development certificate was made, and
(b) for building work involving a building element for a prescribed building—the application for the certificate is accompanied by the documents required to accompany an application to which section 18 applies, and
(c) for building work involving a performance solution—the application for the certificate is accompanied by the documents required to accompany an application to which section 19 applies.
(2) An approval authority must include the following with a complying development certificate for building work or a change of building use for which a completion approval is required—
(a) a document setting out the nature and timing of the inspections required to be carried out by the approval authority,
(b) for building work or a change of building use involving a building other than a class 1a building, a class 10 building or a temporary structure—a fire safety schedule for the building.
(3) The regulations may prescribe additional requirements for complying development certificates for complying development involving building work or a change of building use.
54 Reliance on compliance declaration
(1) A person who carries out approvals work in reliance on a compliance declaration is entitled to assume—
(a) that the declaration has been properly made, and
(b) that all conditions precedent to the issuing of the declaration have been complied with, and
(c) that all things stated in the declaration are true.
(2) The person is not liable for loss or damage arising from a matter about which the compliance declaration has been issued.
(3) It is a defence to an offence if the person shows that the reason the person committed the offence was because the person carried out work in reliance on the compliance declaration.
(4) This section does not apply to protect a person if—
(a) the person failed to take reasonable steps to ensure the compliance declaration was made by a person who was authorised to make the declaration, or
(b) the compliance declaration was made by the person, or
(c) the person knew, or ought reasonably to have known, that—
(i) the declaration had not been properly made, or
(ii) all conditions precedent to the issuing of the declaration had not been complied with, or
(iii) not all things stated in the declaration were true.
Division 3 Conflicts of interest
55 Meaning of “conflict of interest”
(1) In this division, a person carrying out approvals work has a conflict of interest in the approvals work if the person is—
(a) a person who obtains the benefit of the approvals work, or
(b) a person who has been involved in the construction or design of an aspect of the development or building to which the approvals work relates, or
(c) a person who is a close associate of the person for whom the approvals work is being carried out, or
(d) for approvals work carried out in the local government area of a local council other than for the local council—a person who is a councillor or employee of the local council, or
(e) a person who has a pecuniary interest in the development or building to which the approvals work relates, or
(f) for approvals work involving the issuing of a strata plan of subdivision, a notice of conversion or a strata certificate for a strata plan—a person who has prepared the plan or notice, or
(g) a person prescribed by the regulations, or
(h) a person who has a relationship, whether family, personal, employment or business, with a person referred to in paragraphs (a)–(f).
(2) The regulations may specify circumstances where a person referred to in subsection (1)(a)–(h) is taken not to have a conflict of interest.
(3) In this section—
involved, in the construction or design of an aspect of development or a building—
(a) includes—
(i) providing professional services, or
(ii) anything prescribed by the regulations, but
(b) does not include—
(i) carrying out approvals work, or
(ii) doing something the person carrying out the approvals work is required to do by this Act or the regulations, or
(iii) anything prescribed by the regulations.
56 Meaning of “pecuniary interest”
(1) In this division, a person has a pecuniary interest in a development or building if there is a reasonable likelihood or expectation of financial gain to the person or a close associate of the person.
(2) However, a person does not have a pecuniary interest if—
(a) the interest is so remote or insignificant that the interest could not reasonably be regarded as likely to influence a decision in relation to approvals work, or
(b) the interest is merely the lawful payment for the carrying out of approvals work.
57 Offence of carrying out approvals work with conflict of interest
(1) An individual must not carry out relevant approvals work if the individual has a conflict of interest in the relevant approvals work.
Maximum penalty—10,000 penalty units.
(2) A director or employee of a body corporate must not carry out relevant approvals work if the following have a conflict of interest in the relevant approvals work—
(a) the body corporate,
(b) another director or employee of the body corporate authorised to do approvals work.
Maximum penalty—10,000 penalty units.
(3) A registration authorising an individual to carry out relevant approvals work is automatically suspended if the individual is convicted by a court of an offence under this section.
(4) The automatic suspension is for—
(a) 120 days, or
(b) a longer period specified by the Secretary in a written notice given to the individual.
(5) In this section—
relevant approvals work means the following—
(a) carrying out an inspection,
(b) issuing a certificate or approval,
(c) approvals work prescribed by the regulations.
58 Exemptions
(1) The regulations may create exemptions from the conflict of interest offence.
(2) The Secretary may, on the written application of an individual, exempt the individual from the conflict of interest offence in relation to specified approvals work or a kind of approvals work.
(3) An exemption under this section may be unconditional or subject to conditions.
(4) An individual who has a conflict of interest in approvals work does not commit a conflict of interest offence if—
(a) an exemption applies to the approvals work, and
(b) the individual carries out the approvals work in accordance with the conditions to which the exemption is subject.
(5) In this section—
conflict of interest offence means an offence in section 57.
Division 4 Responsibility for approvals work
59 Individuals acting for body corporate or local council
(1) This section applies to a registration holder who carries out approvals work for—
(a) a body corporate that holds a registration, or
(b) a local council.
(2) The registration holder—
(a) is not excused from compliance with the person’s obligations under this Act or another Act in relation to the approvals work, and
(b) is subject to the same requirements in relation to carrying out the approvals work as if the person were carrying out the work personally.
60 Functions exercised for council or body corporate
A reference in this Act to the carrying out of approvals work by a registration holder includes a reference to the carrying out of approvals work for—
(a) a local council, or
(b) a body corporate that holds a registration.
61 Body corporate must ensure approvals work carried out by registered individual
(1) A body corporate must ensure that approvals work carried out for the body corporate is carried out by an individual who holds a registration that authorises the individual to carry out the approvals work.
Maximum penalty—3,000 penalty units.
(2) A reference in this section to approvals work carried out for a body corporate includes a reference to approvals work carried out for a local council that has engaged the body corporate to carry out the work.
62 Requirements for approvals work carried out by or for local councils or Planning Minister or Minister’s delegate
(1) The following persons are not required to be registered to carry out approvals work—
(a) a local council,
(b) the Planning Minister or a delegate of the Planning Minister.
(2) A local council must ensure relevant approvals work carried out for the local council is carried out by a registration holder who holds a registration that authorises the holder to carry out the approvals work.
(3) The Secretary may exempt a local council from the requirements of subsection (2) with the approval of the Minister.
(4) The exemption—
(a) may be limited in time or subject to conditions, or both, and
(b) may be revoked by the Secretary, and
(c) must be revoked by the Secretary if the approval of the Minister is no longer in force.
(5) The exemption may be given or revoked by giving written notice to the local council.
(6) The approval of the Minister—
(a) may apply generally or be limited, and
(b) may be subject to conditions, and
(c) may be amended from time to time.
(7) A local council must not carry out approvals work outside the local government area of the local council.
(8) In this section—
relevant approvals work means approvals work prescribed by the regulations.
Division 5 Offences
63 Compliance with Building Code of Australia
(1) A person must take all reasonable steps to ensure building work carried out by the person, including each part of the building work, complies with the Building Code of Australia.
Maximum penalty—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
(2) A person cannot be convicted under this section and section 69 in relation to the same act or omission.
64 Falsely or recklessly making or issuing certain documents
(1) A person must not make or issue a relevant document if the person—
(a) knows or ought to know the document is false or misleading, or
(b) is reckless as to whether the document is false or misleading.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
(2) A person cannot be prosecuted under this section in relation to a complying development certificate if—
(a) proceedings have been brought under the Environmental Planning and Assessment Act 1979, section 4.31 for an order declaring the certificate to be invalid, and
(b) the Land and Environment Court has refused to make the order.
(3) In this section—
relevant document means the following—
(a) a complying development certificate,
(b) a strata certificate under the Strata Schemes Development Act 2015,
(c) a certificate of compliance under the Swimming Pools Act 1992, Part 2, Division 5,
(d) an approval under this part,
(e) a compliance declaration,
(f) a prefabricated building declaration,
(g) prefabricated building instructions.
65 Improper influence—approvals work, including making compliance and other declarations
(1) A person who is authorised to carry out approvals work (the approver) must not—
(a) act other than impartially in carrying out the work, or
(b) seek or accept a benefit from another person on an understanding the approver will act other than impartially in carrying out the work.
Maximum penalty—10,000 penalty units or imprisonment for 2 years, or both.
(2) A person must not do the following to encourage an approver to act other than impartially in carrying out approvals work—
(a) give or offer a benefit to the approver or another person,
(b) cause or threaten a financial or other detriment to the approver or another person,
(c) otherwise unduly influence the approver or another person,
(d) attempt anything in paragraphs (a)–(c).
Maximum penalty—10,000 penalty units or imprisonment for 2 years, or both.
(3) In this section—
approvals work includes making a compliance declaration.
Division 6 Obligations on building practitioners
66 Definitions
In this division—
building element work means building work involving a building element for a prescribed building, other than work prescribed by the regulations.
building practitioner—see section 67.
principal contractor means a person—
(a) who agrees to do building work under a contract or arrangement (the head contract), and
(b) for whom work will be carried out under one or more other contracts or arrangements as part of or incidental to the work carried out under the head contract.
taken to do building work, for a building practitioner, means the practitioner—
(a) agrees to do building work under a contract or other arrangement, or
(b) is the principal contractor for the work.
67 Meaning of “building practitioner”
(1) In this division, building practitioner means—
(a) a person who agrees under a contract or other arrangement to do building work, or
(b) if more than one person agrees to do building work—the person who is the principal contractor for the work.
(2) The regulations may—
(a) prescribe additional persons as building practitioners for this division, and
(b) exclude persons from being building practitioners for this division, and
(c) prescribe circumstances in which a person prescribed as a building practitioner is taken to do building work.
68 Building practitioners must ensure compliance with declaration obligations
(1) A building practitioner who carries out building element work must take all reasonable steps to ensure that—
(a) a regulated design is obtained for the work, and
(b) a design compliance declaration is obtained for each regulated design.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
(2) A building practitioner must not, without reasonable excuse, carry out building element work unless the design compliance declaration for the regulated design specifies that the design complies with—
(a) the Building Code of Australia, and
(b) the requirements of this Act and the regulations.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
(3) The regulations may prescribe circumstances in which a building practitioner is not required to comply with this section.
69 Obligations relating to Building Code of Australia
(1) A building practitioner must take all reasonable steps to ensure building element work complies with the Building Code of Australia.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
(2) It is a defence if the defendant proves that—
(a) the defendant reasonably relied on and built in accordance with a regulated design for which a design compliance declaration was obtained, and
(b) the design compliance declaration specified that the design complies with—
(i) the Building Code of Australia, and
(ii) the requirements of this Act and the regulations.
70 Regulations
The regulations may impose additional obligations on building practitioners, including—
(a) requirements about giving documents to the Secretary, and
(b) obligations in relation to variations to building work, and
(c) obligations in relation to building work involving ground anchors.
Division 7 Appeals—local council as approval authority
71 Appeals against decisions
(1) An applicant for a building approval or completion approval may appeal to the Land and Environment Court against a decision of a local council to refuse to issue the approval.
(2) The regulations may prescribe a time within which the appeal must be made.
72 Deemed refusal
(1) For this division, a local council is taken to have refused to issue an approval (a deemed refusal) to an applicant if the approval is not issued to the applicant within the period prescribed by the regulations.
(2) The local council may continue to decide the application after the deemed refusal.
(3) A decision made after the deemed refusal does not affect an appeal made under this division in relation to the deemed refusal.
(4) However, the local council is entitled to have the appeal withdrawn without costs if—
(a) the local council decides to issue the approval, and
(b) the appeal has not yet been decided, and
(c) the applicant consents to the withdrawal.
Division 8 Approval authorities
73 Directions by approval authorities
(1) This section applies to building work for which an approval authority is appointed.
(2) If the approval authority becomes aware of non-compliance or potential non-compliance in the building work, the approval authority—
(a) if required by the regulations—must give a written notice to the person responsible for carrying out the building work, or
(b) otherwise—may give a written notice to the person responsible for carrying out the building work.
(3) The written notice must—
(a) identify the non-compliance or potential non-compliance, and
(b) direct the person to take specified action within a specified period to remedy or prevent the non-compliance.
(4) The person given the notice must not, without reasonable excuse, fail to comply with the directions in the notice.
Maximum penalty—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
(5) If a direction in a notice is not complied with within the period specified in the notice, the approval authority must, within the time prescribed by the regulations—
(a) lodge a copy of the notice on the NSW planning portal, and
(b) include particulars about the direction that has not been complied with.
(6) The regulations may provide for the following—
(a) the circumstances in which a notice is required to be given,
(b) the procedure for giving a notice,
(c) requirements in relation to follow-up action,
(d) requirements for lodging notices on the NSW planning portal,
(e) the keeping of documents in relation to notices given and follow-up action taken,
(f) requirements for specified persons to be notified of a matter or document relating to a notice or follow-up action.
(7) In this section—
non-compliance means non-compliance prescribed by the regulations.
74 Guidance for approval authorities
The Minister may give guidance to approval authorities on the exercise of functions under this part.
75 Approval authority may be satisfied about certain matters
For the purposes of an approval authority issuing an approval, a requirement that a consent authority or local council must be satisfied about a matter is taken to have been complied with if—
(a) the requirement arises under the following—
(ii) the regulations under that Act,
(iii) an environmental planning instrument,
(iv) a development consent, and
(b) the approval authority is satisfied about the matter.
76 Replacing approval authority
(1) An appointed approval authority may be replaced by another approval authority with the written consent of the Secretary.
(2) The regulations may make provision about the replacement of an appointed approval authority, including providing for the following—
(a) the circumstances in which an appointed approval authority may be replaced without requiring the written consent of the Secretary,
(b) applications to the Secretary and application fees,
(c) the circumstances in which an application may or may not be made,
(d) the persons who may make an application,
(e) the matters the Secretary must consider in deciding whether to give consent,
(f) reviews of decisions of the Secretary,
(g) notice about the replacement of an approval authority.
77 Approval authority to notify about certain changes
(1) An approval authority, other than a local council, appointed for building work must give the person who made the appointment written notice of—
(a) the suspension or cancellation of the approval authority’s registration, or
(b) a change in the approval authority’s registration, including the conditions of the registration, that would prevent the exercise of the approval authority’s functions.
Maximum penalty—
(a) for an individual—100 penalty units, or
(b) otherwise—500 penalty units.
(2) The notice must be given within 7 days after the approval authority becomes aware of the matters to which the notice relates.
78 Regulations
Regulations may be made about approval authorities, including by prescribing the following—
(a) when an approval authority may be appointed by the Secretary,
(b) when an approval authority must be appointed in a way prescribed by the regulations, including in accordance with a scheme prescribed by the regulations,
(c) when a local council or other person must not refuse to be appointed as an approval authority and when the local council or other person may refuse the appointment,
(d) the fees that may be charged by approval authorities, including maximum fees that may be charged,
(e) when an applicant for an approval may request that a different approval authority be appointed,
(f) when an appointment of an approval authority may be—
(i) terminated, or
(ii) revoked or changed by the Secretary.
Division 9 Miscellaneous
79 Contracts required for approvals work
(1) It is a condition of a registration that a registration holder must not carry out approvals work for a person unless the work is carried out under a written contract—
(a) if the person has appointed a local council to carry out the approvals work—between the person and the local council, or
(b) if the person has appointed a registered body corporate to carry out the approvals work—between the person and the registered body corporate, or
(c) otherwise—between the person and the registration holder.
(2) Regulations may be made about the following—
(a) requiring contracts to contain provisions prescribed by the regulations,
(b) providing that contracts must not contain provisions prescribed by the regulations,
(c) requiring specified particulars or information to be included in contracts,
(d) requiring specified information or documents to accompany contracts,
Example—
a document published by the Secretary or another person or body
(e) the time or times at which fees and charges under contracts must be paid,
(f) other requirements for contracts.
80 Lodgement on NSW planning portal
(1) A document required by this Act or the regulations to be given to a person using the NSW planning portal is taken to be given to the person when the document is lodged on the NSW planning portal.
(2) An application for an approval made using the NSW planning portal is taken to be made to the approval authority appointed for the building work or change of building use to which the application relates.
81 Restraint proceedings for approvals
(1) A person may apply to the Land and Environment Court to remedy or restrain a contravention of this Act or the regulations if the contravention relates to a building approval or completion approval.
(2) The court may make the orders the court thinks fit to remedy or restrain the contravention.
(3) The applicant is not required to show that a right of the applicant has been or may be infringed because of the contravention.
(4) The application may be made on behalf of—
(a) the applicant, or
(b) the applicant and other persons who—
(i) have a common interest in the application, and
(ii) consent to the application.
(5) The other persons are entitled to contribute to or provide for the payment of the legal costs and expenses incurred by the applicant.
(6) In this section—
contravention includes a threatened or apprehended contravention.
82 Regulations
Regulations may be made about the following—
(a) approvals under this part, including—
(i) applications for approvals, including varying and withdrawing applications, and
(ii) the form of approvals, and
(iii) the lodging of approvals and related documents,
(b) designs referred to in this part and declarations, including the following—
(i) varying designs and declarations,
(ii) the keeping of records,
(iii) the giving of information to the Secretary,
(iv) the lodging of documents,
(c) compliance declarations, prefabricated building declarations and prefabricated building instructions, including by authorising the Secretary to approve the form of the documents,
(d) inspections of building work and work carried out on prefabricated buildings, including the following—
(i) specifying the stages at which inspections are required (mandatory inspections),
(ii) requiring persons to ensure mandatory inspections are carried out,
(iii) setting out what must happen if a mandatory inspection is not carried out,
(iv) prohibiting further work if an approval authority is not satisfied following a mandatory inspection,
(v) authorising persons who may carry out inspections for an approval authority,
(e) fire safety, including about the following—
(i) fire safety measures,
(ii) fire safety schedules,
(iii) the referral of applications for approvals and other matters to the Fire Commissioner,
(iv) the issue of fire safety certificates,
(v) maintaining fire safety measures in buildings,
(vi) the persons who are able to assess fire safety measures,
(vii) the installation and maintenance of smoke alarms,
(f) energy efficiency and sustainability,
(g) the supply of a prefabricated building,
(h) the erection of a building on land that is not owned by the owner of the building, including by modifying the requirements of this part in relation to the erection of the building,
(i) the relocation of buildings,
(j) the support of buildings that may be impacted by building work on another building,
(k) the use of building products,
(l) temporary structures,
(m) buildings used for specific purposes, including as entertainment venues,
(n) giving documents, including approvals, designs and declarations, and information to the Secretary or lodging the documents.
Part 4 Registration for registered work
83 Definition
In this part—
relevant offence means the following offences, whether committed in this State or another Australian jurisdiction—
(a) an offence involving fraud or dishonesty,
(b) an offence prescribed by the regulations.
84 Registration of persons to carry out registered work
(1) The Secretary may, by granting a registration under this part, authorise a person to carry out registered work.
(2) The registration authorises only the registered work authorised by the registration or class of registration granted.
(3) The regulations may prescribe different registrations or classes of registration to authorise the carrying out of specified registered work.
85 Offence—unauthorised registered work
A person must not carry out registered work unless the person is authorised to carry out the registered work.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
86 Offence—seeking or receiving payment for unauthorised registered work
A person must not seek or receive payment for the carrying out of registered work if the person who carries out the registered work is not authorised to carry out the registered work.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
87 Offence—false representation
A person must not falsely represent that the person—
(a) is authorised to carry out registered work, or
(b) holds a registration, or
(c) holds a registration in a particular class, or
(d) holds insurance required to carry out registered work.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
88 Offence—falsely representing work
A person must not, for the purposes of securing work for the person or another person, falsely represent that work is—
(a) registered work, or
(b) another type of work prescribed by the regulations.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
89 Persons authorised to carry out registered work
(1) A person is authorised to carry out registered work if—
(a) the person holds a registration that authorises the person to carry out the registered work, or
(b) the person is otherwise lawfully authorised to carry out the registered work, or
(c) for registered work prescribed by the regulations—the person carries out the registered work under the direct supervision of another person who holds a registration of a kind prescribed by the regulations.
(2) The regulations may specify additional circumstances in which a person is lawfully authorised to—
(a) carry out registered work, or
(b) supervise a person carrying out registered work.
(3) In this section—
supervise, in relation to work, includes directing, coordinating, managing and having substantive control over the work.
Subdivision 1 Applications for registration
90 Application for registration
(1) A person may apply to the Secretary for the grant of a registration.
Note 1—
A partnership is not a person and therefore cannot apply for or hold a registration. An application for the grant of a registration may be made by a body corporate or an individual.
Note 2—
The definition of grant a registration in the dictionary includes granting a renewal or restoration of a registration.
(2) An application must—
(a) be in a form approved by the Secretary, and
(b) include or be accompanied by information or evidence the Secretary reasonably requires to assess the application.
Note—
The Crimes Act 1900, Part 5A contains offences relating to the making of false or misleading applications or providing false or misleading information or documents. The offences have a maximum penalty of imprisonment for 2 years or a fine of 200 penalty units, or both.
(3) The regulations may provide for a fee to be paid for an application for the grant of a registration.
(4) The Secretary may require the fee to accompany the application.
(5) The fee may include a component for services provided by the Secretary that are prescribed by the regulations.
(6) If the Secretary considers it necessary, the Secretary may require the applicant to do one or more of the following—
(a) give further documents or information,
(b) for an applicant who is an individual—
(i) attend an interview, or
(ii) demonstrate the applicant’s skills, or
(iii) undertake an oral or written examination,
(c) anything else prescribed by the regulations.
(7) A person’s registration is taken to continue in force despite its expiry if—
(a) the person applies for the grant of a renewal of the registration in accordance with this subdivision, and
(b) the application is made before the expiry of the registration.
(8) The registration is taken to continue in force until the Secretary notifies the person of the Secretary’s decision to grant or refuse the application.
91 Secretary may obtain information from third parties
(1) The Secretary may, by written notice, require an applicant or a close associate of the applicant to do the following—
(a) authorise a person described in the notice—
(i) to give specified information relevant to the investigation of the application, and
(ii) to produce, in accordance with directions in the notice, specified records relevant to the investigation of the application, and
(iii) to permit the following—
(A) examination of the records,
(B) taking extracts from the records,
(C) making copies of the records,
(b) give the Secretary specified authorities and consents to enable the Secretary to obtain information, including financial and other confidential information, from other persons about the applicant or close associate.
(2) If a requirement notified under this section is not complied with, the Secretary may refuse to consider the application while the non-compliance continues.
(3) A decision of the Secretary to refuse to consider an application under subsection (2) is not a reviewable decision under this Act or another Act.
(4) A person does not incur a liability to another person for complying with a requirement of a notice under this section.
92 Persons not suitable persons to carry out registered work
(1) A person is not a suitable person to carry out registered work if—
(a) the person is disqualified from being registered, or
(b) the person, including, if the person is a body corporate, a director of the body corporate, is—
(i) an individual who is less than 18 years of age, or
(ii) not a fit and proper person to carry out the registered work, or
(c) the person does not have the qualifications, skills, knowledge and experience required to carry out the registered work, or
(d) the person is a mentally incapacitated person, or
(e) in the Secretary’s opinion, the person is not a suitable person to carry out the registered work, or
Note—
See section 93, which provides for the circumstances in which the Secretary may form an opinion that a person is not a suitable person to carry out registered work.
(f) the person is a member of a class of persons prescribed by the regulations, or
(g) other circumstances prescribed by the regulations apply.
(2) For subsection (1)(a), the regulations may prescribe circumstances in which a person is taken to be disqualified from being registered.
93 When Secretary may form opinion that person is not suitable person
(1) For section 92(1)(e), the Secretary may form an opinion that a person is not a suitable person to carry out registered work in one or more of the following circumstances—
(a) the person, including, if the person is a body corporate, a director of the body corporate, has, within the previous 10 years—
(i) been convicted of a relevant offence, or
(ii) been subject to a finding or an opinion by the Independent Commission Against Corruption that the person has engaged in corrupt conduct,
(b) the person, including, if the person is a body corporate, a director of the body corporate, is—
(i) an undischarged bankrupt, or
(ii) insolvent,
(c) the person, including, if the person is a body corporate, a director of the body corporate, has contravened a requirement imposed—
(i) by this Act or the regulations, or
(ii) in relation to registered work under another Act or law,
(d) the person has contravened a condition of the person’s registration,
(e) a relevant authorisation of the person has been suspended or cancelled, other than at the person’s request, under the law of another Australian jurisdiction,
(f) the person is ineligible to hold, or disqualified from holding, a relevant authorisation under the law of another Australian jurisdiction, other than on the grounds that the person—
(i) does not reside in the jurisdiction, or
(ii) is a body corporate,
(g) a close associate of the person, who would not be a fit and proper person to be registered, exercises a significant influence over—
(i) the person, or
(ii) the operation and management of the person’s business,
(h) a circumstance prescribed by the regulations.
(2) The Secretary may form the opinion that the person is not suitable to carry out—
(a) all registered work, or
(b) particular kinds of registered work, or
(c) registered work in certain circumstances, including until specified requirements are satisfied.
94 Grant or refusal of registration
(1) The Secretary may, after considering an application for the grant of a registration—
(a) grant the registration, or
(b) refuse to grant the registration.
(2) The Secretary may grant a registration in a class the Secretary considers appropriate even if the application is for a different class of registration.
(3) The Secretary must refuse to grant a registration—
(a) if the application for the registration does not comply with a requirement imposed by or under this Act, or
(b) if the applicant is not a suitable person to carry out the registered work authorised by the registration, or
(c) on a ground prescribed by the regulations.
(4) The Secretary must give the applicant written notice of a decision to grant or refuse a registration.
95 Deemed refusal
(1) For the purposes of a review by the Tribunal, the Secretary is taken to have refused to grant a registration (a deemed refusal) to an applicant if the Secretary fails to give the applicant notice of a decision to grant or refuse the registration within the period prescribed by the regulations.
(2) The Secretary may continue to decide the application after the deemed refusal.
(3) A decision made after the deemed refusal does not affect an application (a review application) made to the Tribunal in relation to the deemed refusal.
(4) However, the Secretary is entitled to have the review application withdrawn without costs if—
(a) the Secretary decides to grant the registration, and
(b) the review application has not yet been decided, and
(c) the applicant consents to the withdrawal.
96 Duration of registration
(1) A registration remains in force for the period specified in the written notice of the Secretary, unless sooner cancelled.
(2) The period specified may be 1, 3 or 5 years.
(3) A registration has no effect when suspended.
97 Registration not transferable
A registration cannot be transferred to another person.
Subdivision 2 Conditions of registrations
98 Conditions of registration
(1) A registration is subject to the following conditions—
(a) conditions prescribed by this Act or the regulations,
(b) conditions imposed by the Secretary.
(2) The Secretary may impose conditions on a registration—
(a) when granting the registration, or
(b) at another time by varying the registration.
(3) A provision of this subdivision that authorises a type of condition to be imposed on a registration does not, unless expressly provided for by this subdivision—
(a) prevent other types of conditions from being imposed, or
(b) limit the matters that may be provided for by conditions.
99 Compliance with standards or methodologies
(1) The conditions of a registration may require the registration holder to carry out registered work in accordance with specified codes, standards or methodologies.
(2) A code, standard or methodology may be prepared or adopted by the Secretary for this section.
100 Conditions may provide that authorisation takes effect later
The conditions of a registration may provide that an authorisation conferred by the registration does not take effect until—
(a) the end of a specified period, or
(b) the occurrence of—
(i) a particular event, or
(ii) a specified state of affairs.
Subdivision 3 Variation, suspension or cancellation of registrations
101 Grounds for variation, suspension or cancellation of registration
(1) Each of the following constitutes grounds for varying, suspending or cancelling a registration—
(a) the registration holder is not a suitable person to carry out the registered work authorised by the registration,
(b) the Secretary has decided to vary, suspend or cancel the registration under Part 5,
(c) the registration holder is not entitled to be registered, including because—
(i) the registration was improperly obtained, or
(ii) when the registration was granted, there were grounds for refusing to grant the registration, or
(iii) the registration holder is disqualified from holding the registration,
Note—
See section 133(1)(f).
(d) the registration holder has applied for the registration to be varied, suspended or cancelled,
(e) the registration was granted in error,
(f) the Secretary has varied, suspended or cancelled another registration held by the registration holder under this Act,
(g) another ground prescribed by the regulations.
(2) For subsection (1)(d), Subdivisions 1 and 2 apply to an application by the registration holder to vary the registration.
102 Variation of registration
(1) The Secretary may vary the registration of a registration holder if the Secretary is satisfied there are grounds for the variation.
(2) The variation is made by the Secretary giving written notice of the variation to the registration holder.
(3) The notice must specify—
(a) the date or time from which the variation takes effect, and
(b) the period of the variation, and
(c) the grounds for the variation, and
(d) information about how the decision to vary the registration may be reviewed.
(4) A registration holder may apply to the Secretary to vary the registration of the registration holder at any time.
(5) The regulations may make provision about applications to the Secretary under this section, including by prescribing application fees.
(6) In this section—
vary a registration, for the Secretary, includes—
(a) imposing a condition on the registration, and
(b) varying or revoking a condition of the registration if the condition was imposed by the Secretary.
103 Suspension of registration
(1) The Secretary may, by written notice to a registration holder, suspend the registration of the registration holder if the Secretary is satisfied there are grounds for the suspension of the registration.
(2) Notice of the suspension must specify—
(a) the date or time from which the suspension takes effect, and
(b) the period of the suspension, and
(c) the grounds for the suspension, and
(d) information about how the decision to suspend the registration may be reviewed.
104 Urgent suspension of registration to prevent significant harm
(1) The Secretary may suspend a registration holder’s registration if the Secretary reasonably believes that—
(a) there are grounds for suspending or cancelling the registration, and
(b) the grounds are likely to continue, and
(c) there is a risk that a person will suffer significant harm if the registration is not immediately suspended.
(2) The suspension commences when the Secretary gives written notice of the suspension to the registration holder.
(3) The suspension is for the period of not more than 60 days specified in the notice.
(4) The Secretary is not required to give notice to the registration holder before suspending the registration.
(5) The Secretary may revoke the suspension at any time by giving written notice of the revocation to the registration holder.
(6) The Secretary must not revoke the suspension unless satisfied that the circumstances giving rise to the suspension no longer exist.
(7) In this section—
harm includes loss and damage.
105 Cancellation of registration
(1) The Secretary may, by written notice to a registration holder, cancel the registration of the registration holder if the Secretary is satisfied there are grounds for the cancellation of the registration.
(2) Notice of the cancellation must specify—
(a) the date or time from which the cancellation takes effect, and
(b) the grounds for the cancellation, and
(c) information about how the decision to cancel the registration may be reviewed.
106 Suspension or cancellation may be subject to conditions
(1) A registration may be suspended or cancelled—
(a) unconditionally, or
(b) subject to conditions imposed by the Secretary.
(2) The conditions may include conditions to which the registration was subject immediately before the suspension or cancellation.
(3) The Secretary may vary the conditions of the suspension or cancellation.
(4) The variation may occur at any time by the Secretary giving written notice of the variation to the registration holder or former registration holder.
(5) A variation to a condition includes the imposition, removal or amendment of a condition.
Subdivision 4 Miscellaneous
107 Offence of contravening condition
A registration holder or former registration holder who contravenes the following is guilty of an offence—
(a) a condition of the holder’s registration, other than a condition for which a different maximum penalty is prescribed,
(b) a condition of a suspension or cancellation of the holder’s registration.
Maximum penalty—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
108 Offence of lending registration
(1) A registration holder must not—
(a) let out, hire or lend the holder’s registration to another person, or
(b) permit another person to use the holder’s registration.
Maximum penalty—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
(2) The Secretary must cancel the registration of a registration holder who is convicted of an offence against this section.
(3) In this section—
convicted includes—
(a) a finding by a court that the charge for the offence is proven, or that a person is guilty of the offence, even though the court does not proceed to a conviction, and
(b) a penalty notice being issued to the registration holder for the offence and the payment by the registration holder of some or all of the amount payable under the penalty notice.
109 Voluntary surrender or suspension of registration
(1) A registration holder may apply to the Secretary for a cancellation or suspension of a registration held by the registration holder.
(2) An application must—
(a) be in a form approved by the Secretary, and
(b) include or be accompanied by information or evidence the Secretary reasonably requires to assess the application.
(3) The regulations may provide for a fee to be paid for an application for the cancellation or suspension of a registration.
(4) The Secretary may require the fee to accompany the application.
(5) A reference in this section to an application for the suspension of a registration is taken to include a reference to an application to extend, cancel or vary a suspension imposed under this section.
110 Registration register
(1) The Secretary must keep a register of registrations (the registration register).
(2) The registration register must—
(a) be in the form approved by the Secretary, and
(b) include the information required by the regulations, and
(c) be publicly available.
(3) Without limiting subsection (2)(b), the regulations may require that the registration register include the following information in relation to a registration—
(a) details of the registration, including details of the registration holder,
(b) the results of relevant disciplinary determinations,
(c) the results of prosecutions under this Act or the regulations,
(d) details of penalty notices,
(e) details of orders of a court that the Secretary considers to be relevant to the registration,
(f) instances of non-compliance with an order of the Secretary or Tribunal to carry out work or to pay money,
(g) details of conditions on the registration,
(h) details of a cancellation or suspension of the registration,
(i) details of warning notices published under section 167.
(4) The Secretary may remove information from, or otherwise amend, the registration register if the information is, in the Secretary’s opinion—
(a) false, erroneous or misleading, or
(b) unfairly prejudicial to the interests of the registration holder.
(5) The regulations may provide for the removal of information from the register in other circumstances.
Example—
outdated information
(6) More than one register may be kept under this section.
(7) No liability is incurred by the State for anything done in good faith for the purposes of making information publicly available under this section.
(8) No liability is incurred by a person publishing, in good faith, information that has been made publicly available under this section.
(9) In this section—
liability includes liability in defamation.
Subdivision 1 Insurance and other arrangements
111 Registration holders must be indemnified
(1) The holder of a prescribed registration must, before carrying out registered work, be adequately insured.
Maximum penalty—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
(2) In this Act, a registration holder is adequately insured in relation to registered work if the registration holder—
(a) is indemnified by insurance—
(i) held by the registration holder or an employer of the registration holder, and
(ii) that complies with the regulations, or
(b) is part of another arrangement prescribed by the regulations.
(3) The regulations may specify circumstances in which some or all of the provisions of this section do not apply to a registration holder.
(4) It is a condition of registration that a registration holder, if required by the Secretary—
(a) must give the Secretary information that satisfies the Secretary that the registration holder is adequately insured in relation to registered work, and
(b) must give the information within the time required by the Secretary.
(5) In this section—
prescribed registration means a registration of a kind prescribed by the regulations.
112 Regulations about insurance arrangements
The regulations may make provision about the following—
(a) the persons or bodies that may provide indemnity,
(b) the period for which a registration holder must be indemnified,
(c) the amount for which a registration holder must be indemnified,
(d) the risks for which a registration holder must be indemnified,
(e) the nature and terms of the insurance or arrangement,
(f) the obligations on a person or body that provides indemnity,
(g) the issue of indemnity for liability incurred by a person who is a former registration holder.
Subdivision 2 General requirements
113 Codes of conduct
(1) The regulations may prescribe codes of conduct for registration holders.
(2) A code of conduct may specify requirements relating to the following—
(a) the carrying out of registered work,
(b) the operation of a business that carries out registered work,
(c) professional standards.
(3) The regulations may create offences for failing to comply with a code of conduct or a provision of a code of conduct.
114 Registration holder to notify other persons of certain changes
(1) A registration holder who carries out registered work in the course of the registration holder’s employment must give the registration holder’s employer written notice of—
(a) the suspension or cancellation of the holder’s registration, or
(b) a change in the holder’s registration, including its conditions, that would prevent the registration holder from carrying out the registered work.
(2) A registration holder who carries out registered work under a contract must give each other party to the contract written notice of—
(a) the suspension or cancellation of the holder’s registration, or
(b) a change in the holder’s registration, including its conditions, that would prevent the registration holder from carrying out the registered work.
(3) A registration holder who is required to give notice under this section must give the notice within 7 days after the registration holder becomes aware of the matters to which the notice relates.
Maximum penalty for subsection (3)—
(a) for an individual—100 penalty units, or
(b) otherwise—500 penalty units.
115 Registration holder to notify Secretary of certain events
(1) A registration holder must give the Secretary written notice of the following matters—
(a) a relevant authorisation held by the registration holder being suspended or cancelled, other than at the request of the registration holder,
(b) the registration holder, including, if the registration holder is a body corporate, a director of the body corporate—
(i) being found guilty of a relevant offence, or
(ii) having proceedings for a relevant offence instituted against the registration holder or director, or
(iii) being investigated in another Australian jurisdiction by a government agency or a body that issues a relevant authorisation in relation to—
(A) the carrying out of work authorised to be carried out under a relevant authorisation, or
(B) a failure to comply with a relevant authorisation, or
(iv) becoming bankrupt or making a composition, arrangement or assignment for the benefit of creditors, or
(v) becoming personally insolvent,
(c) the registration holder no longer being adequately insured in relation to registered work,
(d) if the registration holder is a body corporate—
(i) the body corporate becoming the subject of a winding-up order, or
(ii) a controller or administrator being appointed for the body corporate, or
(iii) a person becoming or ceasing to be a director or person involved in the management of the body corporate,
(e) a matter prescribed by the regulations.
(2) The notice must be given within 7 days after the registration holder—
(a) becomes aware of the matter, or
(b) if the registration holder ought to have been aware of the matter before that time—ought to have been aware of the matter.
Maximum penalty for subsection (2)—
(a) for an individual—200 penalty units, or
(b) otherwise—1,000 penalty units.
116 Registration holder must notify of changes to information recorded in register
(1) A registration holder must give the Secretary written notice of a matter that requires the information recorded in the registration register in relation to the registration holder to be updated.
(2) This section does not apply to a matter of which the Secretary has already been notified.
(3) The notice must be given within 14 days after the registration holder becomes aware of the matter.
Maximum penalty for subsection (3)—
(a) for an individual—100 penalty units, or
(b) otherwise—500 penalty units.
117 Directions to prevent use of cancelled, suspended or varied registrations
(1) The Secretary may direct a person whose registration has been cancelled, suspended or varied to take the steps specified in the direction to ensure the person is not able to use—
(a) the cancelled registration, or
(b) the suspended registration during the period of suspension, or
(c) the varied registration as if the registration had not been varied.
(2) The direction—
(a) must be written, and
(b) may be included as part of a statement of a decision by the Secretary to take disciplinary action against the person, and
(c) may be given at any time.
(3) The person must comply with the direction.
Maximum penalty for subsection (3)—
(a) for an individual—100 penalty units, or
(b) otherwise—500 penalty units.
Subdivision 3 Additional requirements—registered body corporate
118 Duties of directors in relation to registered work
(1) Each director of a registered body corporate that holds a prescribed registration must, in relation to registered work carried out by or for the body corporate, ensure that—
(a) the body corporate complies with the requirements of this Act and other Acts in relation to the carrying out of the registered work, and
(b) appropriate management systems are in place to ensure the body corporate complies with the requirements, and
(c) registered work is carried out by a registered individual whose registration authorises the individual to carry out the work, and
(d) the person for whom the registered work is carried out is kept informed of the identity of the registered individual who is carrying out the registered work.
Maximum penalty—1,500 penalty units.
(2) Each director of a registered body corporate that holds a prescribed registration must comply with the requirements prescribed by the regulations.
Maximum penalty—1,500 penalty units.
(3) In this section—
prescribed registration means a registration of a kind prescribed by the regulations.
119 Registered work must be carried out by registered individual
(1) A registered body corporate must ensure that registered work is carried out for the body corporate only by an individual who is authorised to carry out the work.
Maximum penalty—3,000 penalty units.
(2) A reference in this section to registered work carried out for a body corporate includes a reference to registered work carried out for a local council that has engaged the body corporate to carry out the work.
120 Directors must report certain conduct
(1) Each director of a registered body corporate must report the conduct of the following persons to the Secretary if the director suspects, or should reasonably suspect, that the conduct is reportable conduct—
(a) the body corporate,
(b) another director of the body corporate,
(c) a registered individual who is carrying out registered work for the body corporate.
(2) The report must be given as soon as practicable after the director becomes aware of the conduct.
Maximum penalty—300 penalty units.
(3) In this section—
reportable conduct means conduct of a person that is a ground for taking disciplinary action against the person.
121 Approvals work—registered body corporate with insufficient registered directors
(1) A registered body corporate must not carry out approvals work during a period during which the body corporate does not have at least one suitably qualified director.
Maximum penalty—3,000 penalty units.
(2) A registered body corporate that has not had at least one suitably qualified director for a continuous period of 3 months must not carry out approvals work until the body corporate—
(a) has a suitably qualified director, and
(b) has given written notice to the Secretary specifying that the body corporate now has a suitably qualified director.
Maximum penalty—3,000 penalty units.
(3) The regulations may require a registered body corporate to have a suitably qualified director in order to carry out registered work other than approvals work.
(4) In this section—
suitably qualified director, in relation to approvals work, means a director who is a registered individual whose registration authorises the individual to carry out that work.
122 Recognition procedure
(1) The regulations may make provision about the recognition of persons who are taken to be registered, including by—
(a) recognising persons who—
(i) hold specified qualifications, or
(ii) are recognised by a professional body, or
(iii) are recognised under a law of this State or another Australian jurisdiction, and
(b) specifying requirements relating to the recognition processes of professional bodies, including the following—
(i) how qualifications and competencies must be assessed,
(ii) the time in which a decision on recognition must be made,
(iii) the procedures to be used to monitor and improve recognition processes,
(iv) the maximum fees that may be charged,
(v) requirements relating to continuing professional development,
(vi) audit requirements, and
(c) specifying the financial and other facilities a professional body must have and other requirements that must be met before a professional body is able to recognise persons, and
(d) specifying the qualifications, skills, knowledge and experience required for recognition, and
(e) specifying the insurance requirements for recognition, and
(f) specifying requirements for applications for recognition and related matters, including conditions of recognition.
(2) This Act, including Part 5, and the regulations apply to a person who is taken to be registered in the same way they apply to a person who holds a registration.
(3) In this section—
professional body means a professional body recognised by the Secretary under this division.
recognition includes a licence, registration or other form of approval given—
(a) by a professional body, or
(b) under a law of this State or another Australian jurisdiction.
123 Recognition of professional bodies
(1) The Secretary may recognise a professional body if the Secretary is satisfied that—
(a) the professional body is a body corporate, and
(b) the professional body’s recognition or registration scheme—
(i) adequately provides for the assessment of the qualifications and competencies of persons, and
(ii) has reasonable fees, and
(iii) if appropriate, includes adequate continuing professional development requirements and an effective audit program to ensure continuing registration requirements are met, and
(iv) meets requirements prescribed by the regulations, and
(v) subject to the regulations, complies with guidelines adopted and published by the Secretary, and
(c) for assessments of the qualifications and competencies of persons carried out under the professional body’s recognition or registration scheme—the professional body has—
(i) adequate procedures for monitoring and improving the assessment process, and
(ii) the financial capacity and facilities to conduct the assessments, and
(iii) a proven capacity to undertake independent, authoritative and timely assessments.
(2) The regulations may provide for the recognition of a professional body by the Secretary, including the following—
(a) applications for recognition and for variations to recognition,
(b) fees for applications,
(c) grounds for refusing, suspending or cancelling recognition, including grounds decided by the Secretary,
(d) conditions of recognition, including—
(i) conditions about the following—
(A) the keeping of records,
(B) the disclosure of information,
(C) the investigation or auditing of professional bodies, and
(ii) conditions imposed by the Secretary,
(e) the duration of recognition, including a duration set by the Secretary,
(f) the functions of recognised professional bodies relating to recognising persons under this division,
(g) the keeping of a register of professional bodies recognised or formerly recognised by the Secretary.
124 Conditions of recognition
(1) The recognition of a professional body is subject to the following conditions—
(a) conditions prescribed by this Act or the regulations,
(b) conditions imposed by the Secretary.
(2) The Secretary may impose conditions on a recognition—
(a) when granting recognition, or
(b) at another time by varying the recognition.
(3) The Secretary may impose conditions on the suspension or cancellation of a recognition.
(4) A recognised professional body, or former recognised professional body, that contravenes the following is guilty of an offence—
(a) a condition of the recognition,
(b) a condition of a suspension or cancellation of the recognition.
Maximum penalty for subsection (4)—3,000 penalty units.
125 Secretary may require information about insurance policies
(1) The Secretary may direct a person that issues insurance policies to registration holders in relation to registered work (registration holder policies) to give the Secretary information about the policies.
(2) The direction may require the following information about registration holder policies or particular classes of registration holder policies issued by the person to be given to the Secretary—
(a) the terms of the policies,
(b) the premiums payable,
(c) the number of policies issued,
(d) the registration holders to whom policies have been issued,
(e) the number and value of claims made under the policies,
(f) other information prescribed by the regulations.
(3) The direction must be given in writing.
(4) A direction may specify a time within which the information must be given.
(5) A person given a direction must comply with the direction.
Maximum penalty for subsection (5)—500 penalty units.
126 Recovery of unpaid fees
A fee payable under this part may be recovered by the Secretary as a debt in a court of competent jurisdiction.
Part 5 Disciplinary proceedings
127 Definitions
In this part—
approvals legislation means the following Acts or provisions of Acts and the regulations under the Acts or provisions—
(a) this Act,
(c) the Strata Schemes Development Act 2015, Part 4,
(d) the Swimming Pools Act 1992, Part 2, Division 5,
(e) an Act, or provision of an Act, prescribed by the regulations.
disciplinary action means disciplinary action under this part.
relevant legislation means—
(a) for a registered person authorised to carry out approvals work—the approvals legislation, or
(b) otherwise—this Act and the regulations.
show cause notice—see section 131(1).
128 Grounds for taking disciplinary action
(1) The Secretary may take disciplinary action against a registered person on one or more of the following grounds—
(a) the registered person has engaged in conduct that—
(i) is in connection with the carrying out of registered work, and
(ii) is not to the standard of competence, diligence and integrity that a member of the public is entitled to expect of a reasonably competent registered person,
(b) the registered person has contravened the relevant legislation, whether or not the registered person is prosecuted or convicted for the contravention,
(c) the registered person has contravened an Australian law in relation to the following, regardless of whether the contravention is an offence or the registered person is prosecuted or convicted for the contravention—
(i) the carrying out of registered work,
(ii) registration,
(iii) fraud or dishonesty,
(d) the registered person has failed to comply with a statutory or other duty, or a contractual obligation, imposed on the registered person under an Australian law in relation to the carrying out of registered work,
(e) the registered person has wilfully disregarded matters to which the registered person is required to have regard in the carrying out of registered work,
(f) the registered person has failed to comply with a condition of the person’s registration,
(g) the registered person has contravened an undertaking given by the registered person under Part 7, Division 3,
(h) the registered person has failed to comply with a direction or requirement under Part 6,
(i) the registered person has wilfully misled or obstructed the Secretary or an authorised officer in the exercise of a function under this Act,
(j) the registered person is not a fit and proper person to carry out registered work,
(k) another ground prescribed by the regulations.
(2) In this section—
Australian law means a law of this State or another Australian jurisdiction other than the relevant legislation.
129 Disciplinary action may be taken against former registered persons
Disciplinary action may be taken against a registered person even if, when the action is taken, the person is no longer a registered person.
130 Approvals work for council or body corporate
A reference in this part, however expressed, to the carrying out of registered work by a registered person includes a reference to the carrying out of approvals work for a local council or registered body corporate.
131 Show cause notice
(1) The Secretary may give a written notice (a show cause notice) to a registered person if, in the Secretary’s opinion, there may be grounds for taking disciplinary action against the person.
(2) The show cause notice must—
(a) state the grounds for taking disciplinary action, and
(b) invite the registered person to make submissions to show why the person should not be dealt with under this part, and
(c) specify the period within which submissions must be made.
(3) The period must not be less than 14 days.
(4) The registered person may, within the period—
(a) make submissions to the Secretary, orally or in writing, and
(b) give the Secretary evidence about the matters to which the show cause notice relates.
(5) The Secretary may conduct an inquiry or investigation about the matters to which the notice relates.
(6) The Secretary must not take disciplinary action against the registered person unless the Secretary has considered the submissions made and evidence given by the registered person in accordance with this section.
(7) However, the Secretary may take immediate disciplinary action without taking steps under this section if, in the Secretary’s opinion, taking immediate action is in the public interest.
132 Power to suspend registration when show cause notice given
(1) The Secretary may, by written notice to a registered person, suspend the registration of the registered person if—
(a) a show cause notice has been given to the registered person, and
(b) the grounds for disciplinary action specified in the show cause notice would, if established, justify the suspension or cancellation of the registration, and
(c) the Secretary has yet to decide whether to take disciplinary action, and
(d) in the Secretary’s opinion, there are reasonable grounds to believe that—
(i) it is likely the registered person will continue to engage in the conduct that gave rise to the grounds for disciplinary action, and
(ii) there is a risk a person may suffer significant harm, or significant loss or damage, as a result of the conduct unless action is taken urgently.
(2) Section 106 applies to the suspension.
(3) A suspension must not be imposed for a period of more than 60 days after the show cause notice is given.
(4) The period of suspension must be specified in the notice imposing the suspension.
(5) A second suspension may be imposed under this section in relation to the same show cause notice.
(6) The second suspension—
(a) may be imposed before or after the end of the first suspension, and
(b) must not be imposed for a period of more than 60 days after the end of the first suspension.
(7) The Secretary is not required to give a person an opportunity to be heard before taking action against the person under this section.
(8) The Secretary may revoke a suspension under this section at any time by written notice to the suspended person.
133 Kinds of disciplinary action Secretary may take
(1) The Secretary may, if satisfied that one or more of the grounds for taking disciplinary action against a registered person have been established, do one or more of the following—
(a) decide to take no further action against the registered person,
(b) caution or reprimand the registered person,
(c) require the registered person to pay to the Secretary within a specified time a penalty amount of up to—
(i) for an individual—$110,000, or
(ii) otherwise—$220,000,
(d) impose a condition on the registration of the registered person, including a condition requiring the registered person to undertake specified education or training relating to a particular type of work or business practice within a specified time,
(e) vary, suspend or cancel the registration of the registered person in accordance with Part 4,
(f) disqualify the registered person, either temporarily or permanently, from being registered or being registered in a particular class,
(g) suspend or cancel the registration of a registered body corporate if the registered person becomes, or continues to be, a director or officer of the body corporate.
(2) In deciding the disciplinary action to take, the Secretary—
(a) must take into account other disciplinary action taken against the person under this part, and
(b) may take into account a written undertaking the person proposes to give under Part 7, Division 3.
(3) The Secretary must give a written statement of a decision made under this section to the relevant person as soon as reasonably practicable after the decision is made.
(4) The statement of a decision must specify—
(a) the decision that has been made, and
(b) if relevant, the date or time on which the decision takes effect, and
(c) the grounds for making the decision.
134 Disciplinary action against body corporates and directors
(1) The Secretary may take disciplinary action against each of the following if the Secretary is satisfied that grounds for taking disciplinary action against a registered body corporate have been established—
(a) the body corporate,
(b) a director of the body corporate,
(c) a former director of the body corporate.
(2) The Secretary must, before taking disciplinary action against a director or former director under this section—
(a) give the person a show cause notice in accordance with section 131, and
(b) take the other steps required by that section as if the person were a registered person.
135 Disciplinary action may be taken against more than one person
The Secretary may take disciplinary action against more than one person in relation to the same act or omission.
136 Enforcement of monetary penalties and payment of costs
(1) When a decision of the Secretary to impose a monetary penalty has taken effect and the amount required to be paid has not been paid to the Secretary—
(a) each registration held by the person who is required to pay is taken to be suspended until the amount is paid to the Secretary, and
(b) the amount may be recovered by the Secretary as a debt in a court of competent jurisdiction.
(2) The Secretary may agree in writing to extend the time for payment of the amount.
(3) If the time for payment is extended by the Secretary, subsection (1) applies only after the end of the extended time.
(4) The Secretary’s failure to enter into an agreement to extend the time for payment cannot be reviewed by the Tribunal in an application for an administrative review made under this Act.
137 Liability for offences not affected
(1) A decision to take disciplinary action against a person does not affect the liability of the person for an offence, even if the offence relates to the same acts or omissions to which the disciplinary action relates.
(2) The Secretary is not prevented from taking disciplinary action against a person merely because the person—
(a) is subject to criminal or civil proceedings for the same act or omission to which the disciplinary action relates, or
(b) has paid an amount under a penalty notice.
138 Secretary may decide to take no further action
(1) The Secretary may at any time decide to take no further action under this part in relation to a person.
(2) The Secretary must give the person written notice about the decision.
Part 6 Investigations
139 Definitions
In this part—
motor vehicle has the same meaning as in the Road Transport Act 2013.
premises includes—
(a) a building or structure, and
(b) land or a place, whether enclosed or built on or not, and
(c) a mobile plant, motor vehicle, vessel or aircraft.
140 Authorised purposes
An authorised officer may exercise the functions conferred by this part for the following purposes—
(a) investigating, monitoring and enforcing compliance with the requirements of this Act and the regulations,
(b) obtaining documents or other information for purposes connected with the administration of this Act and the regulations,
(c) enforcing, administering or executing this Act and the regulations.
141 Appointment of authorised officers
(1) The Secretary may appoint the following persons as authorised officers—
(a) an employee of the Department,
(b) a person prescribed by the regulations.
(2) The appointment must be made by a written instrument of appointment.
142 Term of appointment as authorised officer
(1) A person appointed as an authorised officer holds office for a term specified in the person’s instrument of appointment.
(2) The Secretary may, by written notice given to the authorised officer—
(a) amend the term of the officer’s appointment, or
(b) revoke the appointment.
143 Scope of authority
(1) An authorisation of a person as an authorised officer may be given—
(a) generally, or
(b) subject to limitations or conditions.
(2) The authorised officer must not act in contravention of the limitations or conditions.
144 Identification of authorised officers
(1) The Secretary must give an authorised officer an identification card as an authorised officer.
(2) An authorised officer must produce the officer’s identification card if—
(a) the officer is exercising a function of an authorised officer, and
(b) a person affected by the exercise of the function requests the officer’s identification.
(3) The identification card may be produced in digital or electronic form.
(4) A failure by an authorised officer to produce the officer’s identification card does not affect the validity of the exercise of the function.
145 Exercise in conjunction with other powers
A power conferred by this division may be exercised whether or not a power of entry under Division 4 is being exercised.
146 Power of authorised officers to require documents
(1) An authorised officer may direct a person to give a document to the officer or another authorised officer.
Note—
The Interpretation Act 1987, Schedule 4 defines a document to mean any record of information, including maps, plans, drawings and photographs.
(2) The direction may be given if the authorised officer requires the document for an authorised purpose.
(3) The direction must be in the form of a written order given to the person.
(4) The order must specify—
(a) the way the document must be given, and
(b) the form in which the document must be given, and
(c) a reasonable date by which the document must be given.
(5) The order may only require a person to give existing documents that—
(a) are in the person’s possession, or
(b) are within the person’s power to obtain lawfully.
(6) An authorised officer may make copies of the document.
(7) A person must not, without reasonable excuse, fail to comply with a direction under this section.
Maximum penalty for subsection (7)—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
Note—
The Crimes Act 1900, Part 5A contains offences relating to providing false or misleading information or documents. The offences have a maximum penalty of imprisonment for 2 years or a fine of $22,000, or both.
147 Power of authorised officers to require answers
(1) An authorised officer may direct a person to answer questions about a matter if the authorised officer—
(a) reasonably suspects the person knows about the matter, and
(b) reasonably requires information about the matter for an authorised purpose.
(2) The direction may require the answers to be—
(a) in writing, or
(b) given verbally—
(i) in person, or
(ii) by audio link or audio visual link.
(3) The authorised officer may direct a body corporate to nominate an individual to answer questions for the body corporate.
(4) The nomination must be—
(a) in writing, and
(b) given to the authorised officer within the time required in the direction.
(5) The individual must be a director or other officer of the body corporate.
(6) Answers given by the individual bind the body corporate.
(7) The authorised officer may direct the person or nominated individual to attend at a specified place and time to answer questions if—
(a) the answers must be given verbally, and
(b) attendance at the place is reasonably required for the questions to be properly put and answered.
(8) The place and time must be reasonable in the circumstances.
(9) A direction under this section must be in writing.
(10) A person must not, without reasonable excuse, fail to comply with a direction under this section.
Maximum penalty for subsection (10)—
(a) for an individual—600 penalty units, or
(b) otherwise—3,000 penalty units.
Note—
The Crimes Act 1900, Part 5A contains offences relating to providing false or misleading information or documents. The offences have a maximum penalty of imprisonment for 2 years or a fine of $22,000, or both.
148 Self-incrimination
(1) A person is not excused from giving relevant information on the ground that the information may incriminate or make liable to a penalty—
(a) the person, or
(b) another person, including a body corporate that has nominated the person to answer questions under section 147.
(2) Relevant information given by an individual is not admissible in evidence in criminal or civil proceedings against the individual.
(3) Relevant information given by an individual may be—
(a) admissible in evidence in criminal or civil proceedings against a body corporate that has nominated the individual to answer questions, or
(b) used as a basis for taking disciplinary action under Part 5 against a person, including the individual.
(4) In this section—
give relevant information means—
(a) give a document under section 146, or
(b) answer a question under section 147.
149 Recording of evidence
(1) An authorised officer may record a person answering questions under this division if—
(a) the authorised officer informs the person that the record will be made, and
(b) a copy of the record is given to the person as soon as practicable after the record is made.
(2) The record may be made using—
(a) sound recording apparatus, or
(b) audio visual apparatus, or
(c) another method decided by the authorised officer.
(3) The record may be made despite the provisions of another law.
Subdivision 1 Entry
150 Power of authorised officers to enter premises
(1) An authorised officer may enter premises, other than a part of premises used only for residential purposes—
(a) at a reasonable hour in the day, or
(b) at an hour during which business, including building work, is in progress or is usually carried on at the premises.
(2) The entry may occur with or without a search warrant.
(3) An authorised officer may enter a part of premises used only for residential purposes—
(a) with the permission of the occupier, or
(b) under the authority of a search warrant.
(4) The following are taken not to be a part of premises used only for residential purposes—
(a) common property under a strata scheme, or
(b) association property within the meaning of the Community Land Management Act 2021.
151 Means of entry
A power of entry under this division may be exercised in any way, including—
(a) by foot, and
(b) by using a vehicle, vessel or aircraft.
152 Persons assisting authorised officers
(1) An authorised officer may be accompanied by a person (an assistant) if the authorised officer—
(a) is entering premises under this division, and
(b) considers the assistant to be necessary.
Example—
an interpreter
(2) The authorised officer must ensure the assistant—
(a) does not do anything on the premises that the authorised officer does not have the power to do, unless it is expressly permitted under a search warrant, and
(b) when on the premises, provides reasonable assistance to the authorised officer as directed by the authorised officer.
(3) Anything done lawfully by the assistant is taken to have been done by the authorised officer.
153 Search warrants
(1) An authorised officer may apply to a warrant issuing officer for a search warrant.
(2) The authorised officer may make the application if the authorised officer believes on reasonable grounds that—
(a) this Act or the regulations is being or has been contravened at premises, or
(b) something connected with an offence against this Act or the regulations is at the premises.
(3) The warrant issuing officer may issue the search warrant if satisfied there are reasonable grounds to issue the warrant.
(4) The search warrant may authorise an authorised officer named in the warrant to—
(a) enter the premises, and
(b) exercise functions of an authorised officer under this part.
(5) The Law Enforcement (Powers and Responsibilities) Act 2002, Part 5, Division 4, applies to the search warrant.
(6) Without limiting the Law Enforcement (Powers and Responsibilities) Act 2002, section 71, a police officer may—
(a) accompany an authorised officer executing the search warrant, and
(b) take all reasonable steps to assist the authorised officer in the exercise of the authorised officer’s functions.
(7) In this section—
warrant issuing officer means an authorised officer under the Law Enforcement (Powers and Responsibilities) Act 2002.
Subdivision 2 Powers exercised on premises
154 Exercise of powers on premises
(1) An authorised officer may exercise a power specified in this subdivision when on premises that have been entered lawfully.
(2) A power may be exercised in relation to a thing without the consent of the owner of the thing.
(3) A power to do something includes a power to arrange for the thing to be done, whether at the premises or elsewhere.
155 Powers of authorised officers—documents
An authorised officer may—
(a) direct a person to produce documents for inspection, and
(b) examine and inspect documents, and
(c) copy documents.
Note—
The Interpretation Act 1987, Schedule 4 defines a document to mean any record of information, including maps, plans, drawings and photographs.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
An Act to establish a framework for the approval and oversight of building work; to provide for the registration of certain building professionals; and for other purposes.
Part 1 Preliminary
1 Name of Act
This Act is the Building (Approvals and Practitioners) Act 2026.
2 Commencement
This Act commences as follows—
(a) for Schedule 3[20] and [45]—on the date of assent to this Act,
(b) otherwise—on a day or days to be appointed by proclamation.
3 Definitions
The dictionary in Schedule 2 defines words used in this Act.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
4 Objects of Act
The objects of this Act are as follows—
(a) to establish a framework for the approval and oversight of building work that—
(i) is adaptable to emerging construction trends, and
(ii) improves the quality of the construction of buildings, and
(iii) promotes public confidence in the quality of the construction of buildings, and
(iv) requires design and building work to comply with the National Construction Code,
(b) to foster a professional and capable construction industry by providing for the registration of—
(i) persons who carry out functions related to the design and approval of building work and the issuing of declarations for building work, and
(ii) other building professionals,
(c) to provide proportionate regulatory powers to strengthen accountability and provide public confidence in the regulatory oversight of registration holders,
(d) to foster an accountable, innovative and competitive construction industry by—
(i) ensuring appropriate scrutiny of persons regulated under this Act, and
(ii) addressing behaviour that does not meet the required standards.
5 Extraterritorial application
This Act has extraterritorial application to the extent the legislative powers of the State permit.
6 Mutual recognition
(1) Because of the Mutual Recognition Act and subject to that Act—
(a) this Act applies to an equivalent interstate licensee in the same way this Act applies to a registration holder, and
(b) a reference to a registration includes a reference to the automatic deemed registration of an equivalent interstate licensee.
(2) This Act must, as far as practicable, be interpreted in a way that is compatible with—
(a) the Mutual Recognition Act, and
(b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
(3) In this section—
equivalent interstate licensee, in relation to a registration, means a person who, because of the Mutual Recognition Act, is authorised to carry on an occupation in New South Wales that would otherwise require the person to hold the registration.
Mutual Recognition Act means the Mutual Recognition Act 1992 of the Commonwealth.
Part 2 Key definitions
7 National Construction Code, Building Code and Plumbing Code
(1) In this Act—
National Construction Code means the National Construction Code, Volumes 1, 2 and 3—
(a) published by the Australian Building Codes Board, and
(b) as in force from time to time.
Building Code of Australia means the National Construction Code, Volumes 1 and 2.
Plumbing Code of Australia means the National Construction Code, Volume 3.
(2) The regulations may modify the National Construction Code for this section, including by specifying provisions that are taken—
(a) not to be included in Volume 1, 2 or 3, or
(b) to be included in Volume 1, 2 or 3, or
(c) to substitute provisions in Volume 1, 2 or 3.
(3) The regulations may specify provisions—
(a) in the regulations, or
(b) by adopting provisions in standards or other documents.
8 Approvals work
In this Act, approvals work means the following—
(a) the issuing of approvals under Part 3, Division 2,
(b) the carrying out of inspections required—
(i) by this Act or the regulations, or
(ii) for the purpose of issuing—
(A) an approval under Part 3, Division 2, or
(B) a certificate referred to in paragraph (c),
(c) the following functions under the Environmental Planning and Assessment Act 1979—
(i) the issuing of complying development certificates,
(ii) the issuing of subdivision works certificates,
(iii) the carrying out of inspections of subdivision work,
(iv) the issuing of subdivision certificates,
(v) the issuing of compliance certificates,
(d) the issuing of strata certificates under the Strata Schemes Development Act 2015, Part 4,
(e) the following functions under the Swimming Pools Act 1992, Part 2, Division 5—
(i) the inspection of swimming pools,
(ii) the issuing of certificates of compliance and notices,
(f) other work prescribed by the regulations.
9 Building element
(1) In this Act, building element, in relation to a building, means the following—
(a) the fire safety systems for the building within the meaning of the Building Code of Australia,
(b) waterproofing,
(c) an internal or external load-bearing component of the building that is essential to the stability of the building or a part of the building, including the following—
(i) in-ground components and footings,
(ii) floors,
(iii) walls,
(iv) roofs,
(v) columns,
(vi) beams,
(d) a component of the building that is part of the building enclosure,
(e) the aspects of the following for the building that are required to achieve compliance with the Building Code of Australia—
(i) mechanical services,
(ii) plumbing services,
(iii) electrical services,
(f) other things prescribed by the regulations for this section.
(2) The regulations may exclude things from being building elements for this Act.
(3) In this section—
building enclosure means the parts of the building that physically separate the interior environment of the building from the exterior environment, including—
(a) roof systems,
(b) walls, including walls below the level of the ground,
(c) windows and doors.
10 Building work
(1) In this Act, building work means physical activity involved in the erection of a building and includes work prescribed by the regulations.
(2) The regulations may exclude work from being building work.
11 Close associate
(1) In this Act, a person is a close associate of another person if the person—
(a) is a business partner of the other person, or
(b) is, or has been in the previous 12 months, an employee or agent of the other person, or
(c) is related to the other person—
(i) as a spouse or de facto partner, including a former spouse or de facto partner, or
(ii) as a child, grandchild, sibling, parent or grandparent, including as a child, grandchild, sibling, parent or grandparent of a person referred to in subparagraph (i), or
(iii) in a way prescribed by the regulations, or
(d) is a body corporate, or a member of a body corporate, partnership, trust, syndicate or joint venture, in which the other person or a person referred to in paragraphs (a)–(c) has a beneficial interest, or
(e) is a body corporate that is a parent company or subsidiary, within the meaning of the Corporations Act, of the other person, or
(f) holds or will hold a relevant position in the business of the other person, or
(g) is able to exercise a significant influence, directly or indirectly, over the other person or the operation or management of the other person’s business because of—
(i) a relevant financial interest, or
(ii) a relevant power, or
(h) is a person prescribed by the regulations.
(2) In this section—
business partner, of a person (the first person), means another person with whom the first person collaborates to trade or do business, including a person with whom the first person has a contractual arrangement or other alliance to trade or do business.
relevant financial interest, for a business, means—
(a) a share in the capital of the business, or
(b) an entitlement to receive income derived from the business, whether the entitlement arises at law, in equity or otherwise.
relevant position means the following positions, however described—
(a) director,
(b) manager,
(c) secretary,
(d) an executive position.
relevant power means a power—
(a) to—
(i) participate in a directorial, managerial or executive decision, or
(ii) elect or appoint a person to a relevant position, and
(b) that may be exercised as follows—
(i) by voting or otherwise,
(ii) directly or indirectly,
(iii) alone or in association.
12 Prefabricated building
(1) In this Act, prefabricated building means the following if manufactured away from the building site—
(a) a substantially complete building or room,
(b) a building component that—
(i) is modular, and
(ii) will become a building element when properly installed, and
(iii) cannot be inspected without destructive testing or destructive opening when installed on the site,
(c) anything prescribed by the regulations.
(2) A moveable dwelling is not a prefabricated building.
(3) The regulations may exclude things from being prefabricated buildings.
(4) The Secretary may issue guidelines to assist in deciding whether something is a prefabricated building or not.
(5) The guidelines are issued by publication in the Gazette.
(6) A court or the Tribunal must consider the guidelines when making a decision about whether something is a prefabricated building or not.
(7) The regulations may modify how this Act and the Home Building Act 1989 apply to—
(a) prefabricated buildings, and
(b) work involving prefabricated buildings, and
(c) persons carrying out work involving prefabricated buildings.
13 Registered work
(1) In this Act, registered work means work that may be carried out only under a registration.
(2) The regulations may prescribe the work that may be carried out only under a registration.
Part 3 Approvals and other approvals work
Division 1 Preliminary
14 Definitions
In this part—
local council—
(a) means, for a local government area, the council for the area, and
(b) includes—
(i) for Lord Howe Island—the Lord Howe Island Board, or
(ii) for land in the Western Division that is not within a local government area—the Planning Minister.
local government area—
(a) means an area under the Local Government Act 1993, and
(b) includes—
(i) Lord Howe Island, and
(ii) land in the Western Division that is not within an area under the Local Government Act 1993.
prepare, a document, includes coordinating or supervising the preparation of the document.
Division 2 Approvals
Subdivision 1 Building approval
15 Building work requires building approval
(1) This section applies to the following building work, but only to the extent the building work involves the erection of a building—
(a) building work carried out under a development consent,
(b) building work—
(i) carried out as exempt development, and
(ii) prescribed by the regulations.
Note—
A building approval is not required under this division for building work carried out under a complying development certificate.
(2) A person must not carry out building work unless the building work is authorised to be carried out by—
(a) a building approval, or
(b) a complying development certificate.
Maximum penalty—
(a) for an individual—2,000 penalty units, or
(b) otherwise—10,000 penalty units.
(3) A development consent does not authorise the carrying out of building work.
16 Building work carried out under building approval or complying development certificate
(1) A person must not carry out building work under a building approval unless—
(a) the building work is carried out in accordance with the building approval, and
(b) if the regulations prescribe additional requirements to be satisfied before the building work may be carried out—the additional requirements have been satisfied.
Maximum penalty—
(a) for an individual—2,000 penalty units, or
(b) otherwise—10,000 penalty units.
(2) A person must not carry out building work under a complying development certificate unless—
(a) the building work is carried out in accordance with the complying development certificate, and
(b) if the regulations prescribe additional requirements to be satisfied before the building work may be carried out—the additional requirements have been satisfied.
Maximum penalty—
(a) for an individual—2,000 penalty units, or
(b) otherwise—10,000 penalty units.
17 Applications for building approval—general
(1) An application for a building approval for building work may be made by—
(a) the owner of the land on which the building work will be carried out, or
(b) another person with the consent of the owner.
(2) The application must not be made by a person who will carry out the building work, unless the person is the owner of the land.
Maximum penalty—
(a) for an individual—300 penalty units, or
(b) otherwise—1,500 penalty units.
(3) The application must—
(a) be made using the NSW planning portal, and
(b) be accompanied by—
(i) the prescribed fee, and
(ii) the documents prescribed by the regulations, and
(c) if the regulations prescribe additional requirements—comply with the additional requirements.
(4) The application must—
(a) if an approval authority is already appointed for the building work—specify that the approval authority is already appointed, or
(b) otherwise—nominate an approval authority.
(5) The nominated approval authority is taken to be appointed for the building work if the approval authority accepts the application.
(6) A local council that is nominated cannot refuse to accept the application.
18 Applications—building work involving building element
(1) This section applies to an application for a building approval for building work involving a building element for a prescribed building.
(2) The application must also be accompanied by a regulated design, including the design compliance declaration for the design, for—
(a) the building element, and
(b) other aspects of
This is an opening excerpt, not the complete document.