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BUILDING LEGISLATION AMENDMENT ACT 2010 (NO 22 OF 2010) - SECT 20

New Part 16

    After regulation 50

    insert

Part 16     Transitional matters for Building Legislation Amendment Act 2010

51     Definitions

In this Part:

"commencement day" means the day on which the Building Legislation Amendment Act 2010 commences.

"repealed", in relation to a specified provision, means that provision as in force immediately before the commencement day.

"substituted", in relation to a specified provision, means that provision as in force on the commencement day.

52     Declaration made by corporation after commencement day for building work completed before commencement day

    (1)     This regulation applies if, before the commencement day:

    (a)     prescribed building work to which repealed regulation 20A(1) applied had been completed by a person carrying out building work for a corporation (the responsible builder ); and

    (b)     the declaration mentioned in that subregulation had not been given to the building certifier under repealed regulation 20A(3).

    (2)     The following regulation, as appropriate, applies in relation to the declaration relating to the building work:

    (a)     substituted regulation 20B, other than subregulation (5) of that regulation;

    (b)     substituted regulation 20C, other than subregulation (4) of that regulation.

    (3)     If the responsible builder ceased to act for the corporation after completing the prescribed work, the corporation must follow the procedures specified in substituted regulation 20E as if a prescribed event had occurred.

    (4)     For this regulation, a responsible builder had completed prescribed building work if he or she had completely ceased to carry out the building work specified in the building permit granted for the work, regardless of whether the work was fully or partially completed.

    (5)     This regulation does not affect the liability of the responsible builder for an offence against repealed regulation 20A(1), (2) or (3) or substituted regulation 20B, 20C or 20D.



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