NSWIn ForceAct
Design and Building Practitioners Act 2020
3Definitions
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#### 3 Definitions
3 Definitions
> > (1) In this Act—
> >
> > Building Code of Australia has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).
> >
> > building compliance declaration—see section 8(3).
> >
> > building element—see section 6.
> >
> > building practitioner—see section 7(1).
> >
> > building work—see section 4.
> >
> > class of building means a building of that class as recognised by the Building Code of Australia.
> >
> > close associate has the same meaning as in the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).
> >
> > compliance declaration means a design compliance declaration, principal compliance declaration or building compliance declaration.
> >
> > Department means the department in which this Act is administered.
> >
> > design includes a plan or specification or a report detailing a design.
> >
> > design compliance declaration—see section 8(1).
> >
> > design practitioner means a person who prepares regulated designs.
> >
> > function includes a power, authority or duty, and exercise a function includes perform a duty.
> >
> > occupation certificate means an occupation certificate issued under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).
> >
> > performance solution has the same meaning as in the Building Code of Australia.
> >
> > practitioner means a design practitioner, principal design practitioner, professional engineer, specialist practitioner or building practitioner.
> >
> > preparing or varying a regulated design or other design means—
> >
> > > (a) actually preparing or varying the design, or
> >
> > > (b) coordinating or supervising the preparation or variation of the design.
> >
> > principal compliance declaration—see section 8(2).
> >
> > principal contractor—see section 7(2).
> >
> > principal design practitioner means a person who coordinates the provision of design compliance declarations for the purposes of building work done by a building practitioner.
> >
> > professional engineer means a person who carries out professional engineering work in a prescribed area of engineering within the meaning of section 32.
> >
> > professional engineering work—see section 31.
> >
> > register as a registered practitioner includes renew or restore registration.
> >
> > registered body corporate means a registered practitioner that is a body corporate.
> >
> > registered building practitioner means a person who is registered as a building practitioner under this Act or recognised as a building practitioner under this Act.
> >
> > registered design practitioner means a person who is registered as a design practitioner under this Act or recognised as a design practitioner under this Act.
> >
> > registered practitioner means a registered design practitioner, registered principal design practitioner, registered professional engineer, registered specialist practitioner or a registered building practitioner.
> >
> > registered principal design practitioner means a person who is registered as a principal design practitioner under this Act or recognised as a principal design practitioner under this Act.
> >
> > registered professional engineer means a person who is registered as a professional engineer under this Act or recognised as a professional engineer under this Act.
> >
> > registered specialist practitioner means a person who is registered as a specialist practitioner under this Act or recognised as a specialist practitioner under this Act.
> >
> > registration means registration as a registered practitioner and includes recognition as a practitioner under this Act.
> >
> > regulated design—see section 5.
> >
> > relevant authorisation means any of the following—
> >
> > > (a) registration as an architect under the [Architects Act 2003](/view/html/inforce/current/act-2003-089),
> >
> > > (b) registration as a certifier, or accreditation to carry out regulated work, under the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063),
> >
> > > (c) a contractor licence, endorsed contractor licence, supervisor certificate, tradesperson certificate or owner-builder permit under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147),
> >
> > > (d) for a person registered under this Act in one class of registration—registration in another class,
> >
> > > (e) an authorisation or qualification, however described, that—
> > >
> > > > (i) is issued under the laws of another jurisdiction, and
> > >
> > > > (ii) authorises the holder to carry out work that is substantially similar to the work authorised by an authorisation specified in paragraph (a), (b), (c) or (d),
> >
> > > (f) another authorisation or qualification, however described, prescribed by the regulations.
> >
> > Secretary means the Secretary of the Department.
> >
> > specialist practitioner means a person who carries out specialist work.
> >
> > specialist work—see section 34.
> >
> > stop work order—see section 89.
> >
> > Tribunal means the Civil and Administrative Tribunal.
> >
> > Note.
> >
> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.
>
> > (2) Notes included in this Act do not form part of this Act.
>
> **s 3:** Am 2021 No 23, Sch 1.6\[1\]; 2024 No 53, Sch 3.5.