sec.104Continued application of expired s 84(5) in relation to exempted licences

sec.104 Continued application of expired s 84(5) in relation to exempted licences

This section applies in relation to a private certifier who holds an exempted licence. Expired section 84(5) continues to apply in relation to the private certifier until the exempted licence expires. If the private certifier holds an exempted licence that expires on 12 September 2027, section 84(1) does not apply to the certifier until 13 September 2027 to the extent the certifier performs private certifying functions mentioned in expired section 84(5). For subsection (2), the reference in expired section 84(5) to the exemption period is taken to be a reference to the period starting on 1 July 2027 and ending when the exempted licence expires. This section does not limit section 84(1). In this section— exempted licence means a private certifier’s licence— with a private certification endorsement made during the extended exemption period in reliance on section 84(5) as in force during that period; and that is in force at the end of the extended exemption period. expired section 84(5) means section 84(5) as in force immediately before its expiry on 1 July 2027. extended exemption period means the period— starting on 27 May 2022; and ending on 30 June 2027. The Building Amendment Regulation 2022 commenced on 27 May 2022. The Building (Private Certification Endorsement) Amendment Regulation 2023 , section 3 , amended section 84(6), definition exemption period to extend the period to 30 June 2025. The Building and Other Legislation Amendment Regulation 2025 , section 4 , amended section 84(6), definition exemption period to further extend the period to 30 June 2027. s 104 ins 2022 SL No. 57 s 6 amd 2023 SL No. 46 s 4 ; 2025 SL No. 12 s 5 (sec.104-ssec.1) This section applies in relation to a private certifier who holds an exempted licence. (sec.104-ssec.2) Expired section 84(5) continues to apply in relation to the private certifier until the exempted licence expires. If the private certifier holds an exempted licence that expires on 12 September 2027, section 84(1) does not apply to the certifier until 13 September 2027 to the extent the certifier performs private certifying functions mentioned in expired section 84(5). (sec.104-ssec.3) For subsection (2), the reference in expired section 84(5) to the exemption period is taken to be a reference to the period starting on 1 July 2027 and ending when the exempted licence expires. (sec.104-ssec.4) This section does not limit section 84(1). (sec.104-ssec.5) In this section— exempted licence means a private certifier’s licence— with a private certification endorsement made during the extended exemption period in reliance on section 84(5) as in force during that period; and that is in force at the end of the extended exemption period. expired section 84(5) means section 84(5) as in force immediately before its expiry on 1 July 2027. extended exemption period means the period— starting on 27 May 2022; and ending on 30 June 2027. The Building Amendment Regulation 2022 commenced on 27 May 2022. The Building (Private Certification Endorsement) Amendment Regulation 2023 , section 3 , amended section 84(6), definition exemption period to extend the period to 30 June 2025. The Building and Other Legislation Amendment Regulation 2025 , section 4 , amended section 84(6), definition exemption period to further extend the period to 30 June 2027.