262Additional regulation-making powers

262 Additional regulation-making powers (1) Any regulations made under this Act— (a) may be of general or limited application; and (b) may differ according to differences in time, place and circumstance; and (c) may confer a discretionary authority or impose a duty on or leave any matter to be determined or approved by a specified person or body or class of persons or bodies; and S. 262(1)(d) amended by Nos 71/1995 s. 23(2), 39/1996 s. 10(a), 31/2007 s. 21(a), 43/2019 s. 26. (d) may provide for the exemption of persons or classes of persons, or buildings or classes of buildings, land or classes of land or building work or plumbing work or classes of building work or plumbing work, or materials or products or classes of materials or products in relation to building work or plumbing work, from any or all of the provisions of this Act or the regulations including any levies or fees imposed or prescribed by or under this Act or the regulations; and S. 262(1)(e) amended by Nos 31/2007 s. 21(b), 46/2018 s. 29(2). (e) may confer power on a council or municipal building surveyor or private building surveyor to exempt any persons or classes of person or any building or classes of buildings or building work or classes of building work or any materials or products or classes of materials or products in relation to building work from all or any of the requirements of the building regulations; S. 262(1)(ea) inserted by No. 39/1996 s. 10(b), amended by No. 31/2007 s. 21(c). (ea) may confer power on a compliance auditor or plumbing inspector to exempt any plumbing work or any materials or products or classes of materials or products in relation to plumbing work from all or any of the requirements of regulations made under Part 12A; S. 262(1)(f) amended by No. 66/2004 s. 19(2). (f) may impose penalties not exceeding 20 penalty units for a contravention of the regulations. S. 262(2) inserted by No. 43/2024 s. 40. (2) Without limiting subsection (1), regulations for or with respect to fees or amounts charged may provide for— (a) fees that differ according to circumstances including the following— (i) the class of person who must pay the fee; (ii) the nature or complexity of the service to be provided or work to be carried out for which the fee is imposed; (iii) the class of building to which the fee relates; (iv) the category or class of building practitioner or class of building employee to which the fee relates; (v) the class of plumbing work or class of specialised plumbing work to which the fee relates; (vi) the type or kind of building work to which the fee relates; and (b) scales of fees or amounts including according to— (i) the cost of building work or the value or kind of plumbing work; or (ii) the amount of time that a person or body requires to provide a service or carry out work for which the fee is imposed; or (iii) the number of classes of registration as a building practitioner for which a person is registered or applies to be registered, or the number of such classes for which a person applies to be renewed; or (iv) the number of classes of licence for a building employee for which a person is licensed or applies to be licensed; and (c) more than one fee to be imposed, or one fee to be imposed in stages, for services to be provided or work to be carried out; and (d) the reduction, waiver or refund in whole or in part, of any fee or amount, in specified circumstances including the following— (i) the class of person who must pay the fee or amount; (ii) the class of application or matter for which the fee is imposed or the amount is charged; (iii) the period of time for which the fee is imposed or the amount is charged; (iv) the occurrence of specified events; (v) the financial circumstances of the person who must pay the fee or amount; (vi) administrative error made by the person or body who imposes the fee or charges the amount; and (e) the reduction, waiver or refund in whole or in part, of any fee or amount, in a circumstance referred to in paragraph (d) at the discretion of a specified person or body. S. 262(3) inserted by No. 43/2024 s. 40. (3) For the purposes of subsection (2)(a)(ii), the person or body who imposes a fee may— (a) determine the nature or complexity of the service to be provided or work to be carried out by that person or body; and (b) determine the amount of time required to provide the service or carry out the work; and (c) decide the value of the service or work. S. 262(4) inserted by No. 43/2024 s. 40. (4) For the purposes of subsection (2)(d), a fee or amount may be reduced, waived or refunded— (a) in any combination of specified circumstances; and (b) subject to a prescribed condition.