Australian Capital Territory Numbered Acts

BUILDING AND CONSTRUCTION LEGISLATION AMENDMENT ACT 2016 (NO. 44 OF 2016) - SECT 5

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17A     Certifier—functions

        A certifier appointed for building work or proposed building work has the following functions in relation to the work:

        (a)     receiving and deciding an application from a land owner for—

              (i)     building approvals for the work; and

              (ii)     amendments to building approvals for the work;

        (b)     for building work on buildings other than class 1, class 10a or class 10b buildings—stating in the relevant building approval the structural framework, the placement of formwork and the steel reinforcing for any reinforced concrete member that will require inspection before proceeding beyond that stage;

        (c)     receiving and deciding an application from a building licensee for a commencement notice for the work;

        (d)     inspecting building work at prescribed stages, and stages stated in a building approval, to determine compliance with this Act, including the following:

              (i)     requesting and verifying records of tests for the building work;

              (ii)     if building work does not comply with this Act—giving the building licensee notice of the noncompliance and directions on how to achieve compliance;

              (iii)     giving directions about safety precautions to the building licensee if required;

              (iv)     authorising building work to proceed beyond a stage if appropriate;

              (v)     providing advice to the construction occupations registrar about the completeness of building work and compliance with this Act;

        (e)     notifying the construction occupations registrar about contraventions or suspected contraventions of this Act;

        (f)     issuing stop notices if appropriate;

        (g)     giving building licensees directions about safety precautions;

        (h)     telling the planning and land authority if the certifier suspects there is non-compliant site work;

              (i)     maintaining documents, records and information in relation to building approvals, stage inspections, directions, notices and other matters as required under the following:

              (i)     this Act;

              (ii)     a code of practice under this Act;

              (iii)     a code of practice under the Construction Occupations (Licensing) Act 2004

;

        (j)     any other function under this Act or prescribed by regulation.

Note 1     Eligibility criteria for appointment of certifiers and suspension and ending appointments are set out in this division and the regulation.

Note 2     Power to make a decision includes power to reverse or change the decision (see Legislation Act

, s 180).