Western Australian Current Acts Western Australian Current Acts (1) The Building
Commissioner may —
(a)
develop policy proposals relevant to Commissioner codes and Commissioner
standards; and
(b)
prepare and issue codes in respect of the following —
(i)
the carrying out of building services;
(ii)
the conduct of registered building service providers and
approved owner-builders;
(iii)
any other related matter;
and
(c)
prepare and issue standards in relation to the technical aspects of the
construction or demolition of a building; and
(d)
participate on behalf of the State in the development of national codes and
standards in respect of the matters referred to in paragraphs (b) and (c).
(2) The
Interpretation Act 1984 Part II, sections 43 (other than subsection (6)) and
44 and Part VIII apply to a Commissioner code or Commissioner standard as if
it were subsidiary legislation.
(3) The Building
Commissioner must ensure that any Commissioner code —
(a) can
be inspected by the public at the Building Commissioner’s office during
business hours; and
(b) can
be purchased by the public.
(4) The Building
Commissioner may give advice as to any question or issue of doubt or
difficulty in relation to the interpretation of a Commissioner code.
(5) A breach of a
Commissioner code does not of itself constitute a disciplinary matter under
the Building Services (Registration) Act 2011 but such a breach may be
asserted in a disciplinary complaint and may be taken into account in dealing
with that complaint.
(6) Except as provided
in subsection (5), no civil or criminal liability attaches to a person by
reason only that the person has committed a breach of a Commissioner code.