Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 189
insert
In this Part:
"amended laws" means this Act and the Regulations as in force on and after the commencement day.
"approved insurance policy" means an approved policy of insurance mentioned in section 61 of this Act as in force immediately before the commencement day.
"commencement day" means the day on which this Part commences.
"former laws" means this Act and the Regulations as in force immediately before the commencement day.
"relevant building work" means building work for which an approved insurance policy was required before the commencement day.
(1) If, immediately before the commencement day, a building permit was in force for relevant building work:
(a) the permit continues in force; and
(b) the approved insurance policy for the work continues in force.
(2) The former laws continue to apply in relation to the relevant building work specified in the building permit as if those laws were still in force.
(1) This section applies in relation to relevant building work that, under the former laws, was also prescribed building work for which a residential building contract was required.
(2) If, immediately before the commencement day, a residential building contract and an approved insurance policy were in force for the relevant building work but no building permit had been granted for the work:
(a) a building certifier may grant a building permit for the work in accordance with the former laws as if those laws were still in force; and
(b) if a building certifier grants a building permit as mentioned in paragraph (a):
(i) the certifier must specify in the permit that it is granted under the transitional provisions for the work; and
(ii) the former laws continue to apply in relation to the relevant building work as if those laws were still in force.
(3) If, immediately before the commencement day, a residential building contract was in force for the relevant building work but no approved insurance policy (and consequently no building permit), was in force for the work, the amended laws apply in relation to the work.
(1) This section applies in relation to relevant building work for which, under the former laws, a residential building contract was not required.
(2) If, immediately before the commencement day, an approved insurance policy was in force for the work but no building permit had been granted for the work:
(a) a building certifier may grant a building permit for the work in accordance with the former laws as if those laws were still in force; and
(b) if a building certifier grants a building permit as mentioned in paragraph (a):
(i) the certifier must specify in the permit that it is granted under the transitional provisions for the work; and
(ii) the former laws continue to apply in relation to the relevant building work as if those laws were still in force.
(1) A regulation may provide for a matter of a transitional nature:
(a) because of the enactment of the Building Amendment (Residential Building Consumer Protection) Act 2012 ; or
(b) to otherwise allow or facilitate the transition from the operation of a provision of the former laws to a provision of the amended laws.
(2) The regulation may have retrospective operation to a day not earlier than the commencement day.
(3) However, to the extent to which the regulation has retrospective operation, it does not operate to the disadvantage of a person (other than the Territory or a Territory authority) by:
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The regulation must declare it is made under this section.
(5) This section, and each regulation made under it, expire one year after the commencement day.