Australian Capital Territory Repealed Acts

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This legislation has been repealed.

BUILDING ACT 1972


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   5.      Interpretation for Act  
   6.      Application of Act generally  
   6AA.    Application—prescribed buildings  
   6B.     Applicable standard—amendment  

   PART 2--ADMINISTRATION

           Division 2.1--Building controller and inspectors

   7.      Building controller  
   7A.     Deputy building controllers  
   7B.     Building controller and deputy building controllers—identity  
   8.      Appointment of building inspectors  
   9.      Inspection  
   9A.     Inspection of premises for hazardous substances  

           Division 2.2--Conduct of inquiries

   10.     Procedure  
   11.     Evidence  
   12.     Legal representation  

           Division 2.3--Builder's licences

   14.     Classes of builder's licences  
   15.     Applications for builder's licence  
   16.     Eligibility for builder's licences  
   17.     Grant of licence  
   18.     Variation, suspension or cancellation of licences  
   18A.    Preliminary suspension of builder's licence  
   19.     Notification of decision to suspend or cancel  
   20.     Register of builder's licences  
   21.     Loss etc of licence  
   22.     Change of nominee  
   23.     Notice of change of address  

           Division 2.3A--Owner-builders' licences

   23A.    Grants of licences  
   23B.    Period for which owner-builder's licence is in effect  

           Division 2.4--The building code

   24.     Building code  
   25.     Publication of building code etc in newspaper  
   26.     Inspection  
   27.     Exemptions  
   28.     Certified copies  

   PART 3--BUILDING WORK

           Division 3.1--Preliminary

   29.     Meaning of stage in pt 3  

           Division 3.2--Certifiers and government certifiers

   29A.    Meaning of certifier, eligible person and government certifier for  
   30.     Eligibility for appointment—certifiers and government certifiers  
   31.     Appointment of certifiers  
   31A.    Appointment of government certifiers  
   31B.    Power to require building documents  
   31C.    Protection of government certifiers from liability  
   32.     Notice of certifier's appointment or end of appointment  
   33.     Prohibition against contracting out  

           Division 3.3--Grant of building approvals

   33A.    Application for building approval  
   34.     Issue of building approvals  
   34A.    External design and siting considerations  
   35.     Amendment of approved plans  
   35A.    Effect of issue of further building approval  
   36.     Land to be used in accordance with lease  
   36A.    Period for which approvals are in force  

           Division 3.4--Carrying out building work

   37.     Requirements for carrying out building work  
   37A.    Notifications by owner of land in relation to building work  
   38.     Notifications by certifier in relation to building work  
   38A.    Stages of building work  
   39.     Building inspector may specify safety precautions  

           Division 3.5--Completion of building work

   39A.    Structural engineer's certificate  
   40.     Completion of building work  

           Division 3.6--Offences

   40A.    Compliance with building code  
   41.     Notification of breaches  
   41A.    Carrying out building work in breach of s 37  

   PART 4--STOP AND DEMOLITION NOTICES

   42S.    Meaning of easement  
   43.     Stop notices  
   44.     Further notices relating to stop notices  
   45.     Service of notice  
   45A.    Notice to produce survey plan  
   46.     Notice to carry out building work  
   51.     Compliance with notices  

   PART 4A--REMOVAL OF LOOSE ASBESTOS

   51A.    Treatment and removal of loose asbestos by Territory  
   51B.    Additional powers of Territory  
   51C.    Notice to occupier that work is to be performed  
   51D.    Service of notices  
   51E.    Notice to owner that work is to be performed  
   51F.    Entry to building with force  
   51G.    Liability of Territory  
   51H.    Obstruction of Territory  

   PART 5--OCCUPANCY OF BUILDINGS

   52.     Effect of certificates under pt 5  
   53.     Certificate of occupancy  
   53AA.   Certificates of occupancy and use for owner-builders  
   53AB.   Government buildings  
   54.     Occupation and use of buildings  
   54A.    Use of buildings restricted  
   54B.    Occupation and use of ex-government buildings  
   55.     Action by building controller on unauthorised use of premises  
   56.     Copies of certificates of occupancy and regularisation  
   57.     Safe live load plates  
   58.     Exceeding safe live load  

   PART 6--RESIDENTIAL BUILDING--STATUTORY WARRANTIES, INSURANCE AND FIDELITY CERTIFICATES

           Division 6.1--General

   59.     Definitions for pt 6  
   59A.    Meaning of completion day for pt 6  
   60.     Cost of building work  

           Division 6.2--Statutory warranties

   61.     Application  
   62.     Statutory warranties  
   63.     Builder's liability  

           Division 6.3--Residential building insurance

   64.     Residential building work insurance  
   65.     Recovery from builder  
   66.     Duties of insurers  

           Division 6.4--Approved fidelity fund schemes

   67.     Approval of fidelity fund schemes  
   68.     Additional information etc  
   69.     Minister may require changes to scheme  
   70.     Approval criteria for fidelity fund schemes  
   71.     Approval of scheme may be conditional  
   72.     Application for changes to approved scheme  
   73.     Approval of changes to approved scheme  
   74.     Prudential standards  
   75.     Compliance with prudential standards by trustees  
   76.     Notice to trustees to comply with prudential standards  
   77.     Notice to trustees requiring information  
   78.     Suspension or cancellation of approval of approved scheme  
   79.     Cancellation of approval on application  
   80.     Orders consequential on etc suspension or cancellation  
   81.     Address for service for trustees  

           Division 6.5--Auditors and actuaries of approved schemes

   82.     Appointment of auditor and actuary for approved scheme  
   83.     Approval of appointment of auditor or actuary  
   84.     Revocation of approval of appointment of auditor or actuary  
   85.     When person stops holding appointment as auditor or actuary  
   86.     Notification of appointment or ending of appointment of auditor or  
   87.     Compliance with prudential standards by auditors and actuaries  
   88.     Auditor and actuary to tell Minister if scheme insolvent etc  
   89.     Giving of information to authority by auditor or actuary etc  
   90.     Auditor's role  
   91.     Actuary's role  
   92.     Certificates and reports required to be given to Minister  
   93.     Investigation of liabilities by special actuary  
   94.     Offences in relation to appointment of special actuary  
   95.     Who can be appointed as special actuary  
   96.     Obligations of trustees to auditors and actuaries  
   97.     Protection of auditor and actuary from liability  

   PART 7--MISCELLANEOUS

   101.    Service of notices etc  
   102.    False or misleading statements  
   103.    Review by administrative appeals tribunal  
   104.    Recovery of costs of work carried out by inspector  
   105.    Evidence  
   106.    Legal liability for acts of building controller etc  
   107.    Conduct of directors, servants and agents  
   108.    Determination of fees  
   109.    Approved forms  
   110.    Regulation-making power  
           ENDNOTES


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