285Transitional and saving provisions relating to the Building Legislation Amendment Act 2023

285 Transitional and saving provisions relating to the Building Legislation Amendment Act 2023 (1) Despite the substitution of section 210(2)(n) by section 27 of the amending Act— (a) the Building Regulations Advisory Committee remains the same body and continues in operation; and (b) the member of the Building Regulations Advisory Committee appointed under section 210(2)(n) immediately before the commencement of section 27 of the amending Act remains in office for the remainder of that member's term of office. (2) Despite the substitution of section 211B(2)(k) by section 28 of the amending Act— (a) the Plumbing Advisory Council remains the same body and continues in operation; and (b) the member of the Plumbing Advisory Council appointed under section 211B(2)(k) immediately before the commencement of section 28 of the amending Act remains in office for the remainder of that member's term of office. (3) A person registered in the category of draftsperson in a prescribed class of draftsperson before the commencement of section 31(3) of the amending Act (the ***former registration***) is taken to be registered in the category of building designer in the prescribed class of building designer equivalent to that prescribed class of draftsperson on and from the commencement of section 31(3) (the ***new registration***) and any condition imposed on the former registration is taken to be imposed on the new registration. (4) An application made under section 170(1) for the registration of a person in the category of a draftsperson in a prescribed class of draftsperson received but not determined by the Authority before the commencement of section 31(3) of the amending Act is taken to be an application for registration of that person in the category of building designer in the prescribed class of building designer equivalent to that prescribed class of draftsperson. (5) A person registered in the category of a person responsible for a building project or any stage of a building project in a prescribed class of person responsible for a building project or any stage of a building project before the commencement of section 31(5) of the amending Act (the ***former registration***) is taken to be registered in the category of project manager in the prescribed class of project manager equivalent to that prescribed class of person responsible for a building project or any stage of a building project on and from the commencement of section 31(5) (the ***new registration***) and any condition imposed on the former registration is taken to be imposed on the new registration. (6) An application made under section 170(1) for the registration of a person in the category of a person responsible for a building project or any stage of a building project in a prescribed class of person responsible for a building project or any stage of a building project received but not determined by the Authority before the commencement of section 31(5) of the amending Act is taken to be an application for registration of that person in the category of project manager in the prescribed class of project manager equivalent to that prescribed class of a person responsible for a building project or any stage of a building project. (7) Section 17A(2), as inserted by section 32 of the amending Act, does not apply in respect of a building permit issued for building work in respect of a class of building, if the application for the permit was received by the relevant building surveyor but the permit was not issued before that class of building was prescribed for the purposes of section 17A(2) as inserted by section 32 of the amending Act. (8) Section 41A(1), as inserted by section 36 of the amending Act, does not apply in respect of an application for an occupancy permit in relation to the construction of a new building of a prescribed class of building, if that class of building was prescribed before the application for the occupancy permit was received by the relevant building surveyor. (9) In this section— ***amending Act*** means the **Building Legislation Amendment Act 2023**. S. 286 inserted by No. 11/2023 s. 49.