128Regulations

128 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations may—

(a) be of general or limited application;

(b) differ according to differences in time, place or circumstances;

(c) confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies;

(d) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—

(i) whether unconditionally or on specified conditions; and

(ii) either wholly or to any extent that is specified;

(e) apply, adopt or incorporate any matter contained in any document whether—

(i) wholly or partially or as amended by the regulations; or

(ii) as in force at a particular time; or

(iii) as in force from time to time;

(f) impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

(3) Without limiting subsection (2)(e), the regulations may apply, adopt or incorporate, either wholly or in part and with or without any modification, any matter contained in—

(a) the Building Code of Australia—

(i) as in force or as issued or published at a particular time; or

(ii) as in force or as issued or published from time to time; or

(b) a planning scheme—

(i) as in force at a particular time; or

(ii) as in force from time to time.

(4) Section 32 of the Interpretation of Legislation Act 1984 does not apply to the application, adoption or incorporation by the regulations of any matter contained in—

(a) the Building Code of Australia; or

(b) a planning scheme.