Part 12 ACAT reviewable decisions

Part 1.2 ACAT reviewable decisions item 1 27 (1) refuse to approve approval application applicant for approval 2 27 (3) (b) (i) impose condition on 3 29 vary, or refuse to vary,

Reviewable decisions Schedule 1 ACAT reviewable decisions Part 1.2 item 4 30 (1) refuse to revoke 5 30 (2) revoke approval rating entity 6 35 take regulatory action licensee 7 38 immediately suspend or cancel licence 8 40 refuse to revoke immediate suspension or cancellation 9 49 (2) give rectification order to property developer person given order 10 52 (2) give rectification order to director person given order 11 60 (2) give stop work order person given order 12 64 (2) give compliance cost notice person given notice 13 114 confirm, vary or set aside internally reviewable decision person applying for reconsideration

Amendment [2.1] U Schedule 2 Consequential amendments (see s 126) U Part 2.1 Building Act 2004 [2.1] Section 6 (1), definition of building work, note omit (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates) [2.2] New section 27 (1) (ca) (ca) if the application relates to residential building work—each person arranging for the building work to be carried out or a related entity of the person— (i) holds a property developer licence; and (ii) is not restricted under their licence from arranging for the work to be carried out; and [2.3] New section 27 (1A) (1A) Subsection (1) (ca) does not apply to the following: (a) the Territory, the Commonwealth or a State;

Amendment [2.4] (b) a territory entity or a Commonwealth or State entity; (c) a person, or an application under section 26, excluded by regulation. [2.4] Section 27 (2), new definitions property developer licence means a licence under the Property Developers Act 2024. related entity, of a person, means— (a) for a corporation—a corporation that holds all of the issued share capital of the corporation; or

Amendment [2.5] [2.5] New section 28AA before section 28A, insert 28AA Approval of certain residential building work when property developer licence required (1) This section applies to a building approval for residential building work if a person is required to hold a property developer licence because of section 27 (1) (ca) in relation to the application for approval. (2) The approval is subject to a condition that— (a) the residential building work the subject of the approval may only be carried out or arranged to be carried out by a person who holds a property developer licence or whose related entity holds a property developer licence; and (b) the relevant property developer licensee is not restricted under their licence from carrying out the residential building work. property developer licence—see section 27 (2). related entity—see section 27 (2). residential building work—see section 27 (2). [2.6] New sections 48A and 48B in division 3.6, insert