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BUILDING AND CONSTRUCTION LEGISLATION AMENDMENT ACT 2016 (NO. 44 OF 2016) - SECT 75

New section 126A

insert

126A     Codes of practice

    (1)     The Minister may approve a code of practice for—

        (a)     a construction occupation; or

        (b)     a class of construction occupation; or

        (c)     a construction service.

Note     Power given under an Act to make a statutory instrument (including a code of practice) includes power to amend or repeal the instrument (see Legislation Act

, s 46 (1)).

    (2)     An approved code of practice may consist of a code, standard, rule, specification or provision relating to the construction occupation or occupation class, or a construction service, and may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.

    (3)     An approved code of practice is a disallowable instrument.

Note 1     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

Note 2     An amendment or repeal of an approved code of practice is also a disallowable instrument (see Legislation Act

, s 46 (2)).

    (4)     The Legislation Act

, section 47 (5) or (6) does not apply in relation to a law or instrument mentioned in subsection (2).

Note     Laws and instruments mentioned in s (2) do not need to be notified under the Legislation Act

because s 47 (5) and (6) do not apply (see Legislation Act

, s 47 (7)).

    (5)     In this section:

"law of another jurisdiction"—see the Legislation Act

, section 47 (10).



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