Clause 18

an aerosol generating system;

an aquatic facility;

a disposal facility;

a pneumatic waste conveyance system as defined in section 31E;

a toilet within any publicly accessible premises;

any other equipment or facility prescribed in regulations made under section 111;“controlled works” means any building works, or works involving the provision, extension or alteration of any controlled facility;“design certificate” means a certificate described in section 46F(1) and issued under section 46F(3)(a);“developer”, in relation to any controlled works, means the person for whom or on whose behalf the controlled works are carried out;“environmental public health requirements” means the requirements set out in regulations made under section 111 and any prescribed codes of practice relating to the prevention, reduction or control of the spread of any infectious disease in or from, or the reduction or removal of any risk of conditions injurious or dangerous to public health being created in, any completed buildings or controlled facilities;“foundation” means that part of a building which is below or in direct contact with the ground, and through which the weight of the building and the loads acting on the building are transmitted to the ground, and includes any footing, raft or pile of the building;“plans”, in relation to any controlled works —

includes drawings, details, diagrams, digital representations generated from building information modelling, structural details and calculations showing or relating to the works; and

if prepared in electronic form, includes the medium in which the plans of the works have been stored;“registered inspector” means a person whose name is registered under section 46O(1);“site formation works” means any kind of site formation and includes earthworks for site stabilisation, the construction of foundations, basements, sub‑structures, piling, underpinning, ground anchors, trenches or any other kind of ground works;“temporary compliance certificate” means a certificate issued under section 46J(1).Purpose of this Part46B.—

The purpose of this Part is to establish a regulatory framework to prevent, reduce or control the spread of any infectious disease in or from, and to reduce or remove the risk of any conditions injurious or dangerous to public health being created in, any completed buildings and controlled facilities.(2) This Part does not limit the operation of any other written law relating to the regulation of controlled works.No controlled works without clearance certificate46C.—

Subject to sections 46D and 46F, a person must not commence or carry out, or permit or authorise the commencement or carrying out of any controlled works without a certificate (called in this Part a clearance certificate) issued by the Director‑General under section 46E(2)(a) in respect of those controlled works.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable —

on the first conviction, to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and

on a second or subsequent conviction, to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.Controlled works exempt from section 46C46D.—

Regulations made under section 111 may exempt from section 46C any class of controlled works for any buildings or controlled facilities that have been assessed by the Agency to pose a low risk of giving rise to the spread of any infectious disease or of harbouring conditions injurious or dangerous to public health, subject to such conditions as may be prescribed.(2) The conditions mentioned in subsection (1) may include (but are not limited to) the following:

that the plans of the controlled works must be lodged with the Director‑General, in the form and manner and within the time specified by the Director‑General, together with any other information or documents specified by the Director‑General;

that the person who prepared the plans of the controlled works must provide to the Director‑General, in the form and manner and within the time specified by the Director‑General, a declaration of the matters specified by the Director‑General.Application for clearance certificate46E.—

An application for a clearance certificate for any controlled works must be made to the Director‑General by the developer of the controlled works, in the form and manner specified by the Director‑General, and must be accompanied by the documents and information specified by the Director‑General.(2) The Director‑General may —

if the plans of the controlled works comply with the environmental public health requirements (except any requirements that have been waived in the particular case by the Director‑General), approve the application and issue a clearance certificate, with or without conditions;

give a written direction to the developer to comply with any requirement that the Director‑General may specify for the purpose of ensuring that all or any of the plans submitted to him or her comply with specified environmental public health requirements; or

disapprove the application.(3) If a direction given by the Director‑General under subsection (2)(b) is not complied with within the period specified in that direction, or such further period as may be allowed by the Director‑General, the application is, at the end of that period, deemed to be disapproved by the Director‑General.Preliminary certification of building designs46F.—

A developer of any controlled works to which section 46C applies who intends to carry out any part of those works (being site formation works or other prescribed works) before the issue of a clearance certificate, may apply to the Director‑General for a preliminary certificate (called in this Part a design certificate).(2) An application for a design certificate must be made to the Director‑General, in the form and manner specified by the Director‑General, and must be accompanied by —

information on the key design parameters of the controlled works specified by the Director‑General; and

any other documents and information specified by the Director‑General.(3) The Director‑General may —

if the key design parameters of the controlled works comply with the environmental public health requirements (except any requirements that have been waived in the particular case by the Director‑General), approve the application and issue a design certificate, with or without conditions;

give a written direction to the developer to comply with any requirement that the Director‑General may specify for the purpose of ensuring that the key design parameters of the controlled works comply with specified environmental public health requirements; or

disapprove the application.(4) If a direction given by the Director‑General under subsection (3)(b) is not complied with within the period specified in that direction, or such further period as may be allowed by the Director‑General, the application is, at the end of that period, deemed to be disapproved by the Director‑General.(5) A design certificate —

is valid for such period as the Director‑General may specify, which may be extended for such further period or periods as the Director‑General may specify; and

authorises the developer to carry out, during the period of its validity, such site formation works or other prescribed works as the Director‑General may specify, without the need for a clearance certificate.(6) Regulations made under section 111 may prescribe what are key design parameters of any controlled works for the purposes of this section.New clearance certificate required for amended plans of controlled works46G.—

A developer of controlled works who intends to depart or deviate from any plans of those works for which a clearance certificate has been issued, must apply to the Director‑General for another clearance certificate (called in this section a new certificate) for the amended plans showing the departure or deviation.(2) Section 46E(2) and (3) applies (with the necessary modifications) to applications made under subsection (1) as it applies to applications made under section 46E(1).(3) Where the Director‑General has issued a new certificate pursuant to an application under subsection (1), the previous clearance certificate for the same controlled works is treated as cancelled.Offence to deviate from plans certified in clearance certificate46H.—

A person who, in carrying out any controlled works deviates, or permits or authorises the controlled works to deviate, in any material way from any plans of the controlled works for which a clearance certificate has been issued shall be guilty of an offence and shall be liable —

on the first conviction to a fine not exceeding $20,000; and

on a second or subsequent conviction to a fine not exceeding $50,000.(2) In proceedings for an offence under subsection (1) —

it is not necessary for the prosecution to prove that the accused knew that the controlled works deviate in any material way from the plans as so certified; but(b)it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know and could not reasonably have known of the plans.Compliance certificate required upon completion of controlled works46I.—

Upon the completion of any controlled works the plans (including any amended plans) of which have been certified in a clearance certificate, the developer of the controlled works must apply to the Director‑General for a further certificate (called in this Part a compliance certificate) that the controlled works have been completed in accordance with —

the plans as so certified; and

the conditions (if any) in the clearance certificate.(2) The Director‑General may, on an application under subsection (1), require the developer or a registered inspector appointed by the developer to inspect the completed controlled works and submit a report stating whether the controlled works have been completed in accordance with subsection (1)(a) and (b).(3) The Director‑General may, after considering the application under subsection (1) and any report submitted under subsection (2) —

issue (subject to any conditions that he or she thinks fit) a compliance certificate if the controlled works have been completed in accordance with subsection (1)(a) and (b) (except for any non‑compliance that has been waived in a particular case by the Director‑General);

give a written direction to the developer to comply within a specified period with any requirement that the Director‑General may specify for the purpose of ensuring that the controlled works have been completed in accordance with subsection (1)(a) and (b); or

disapprove the application.(4) Without limiting subsection (3)(b), a direction may require specified work or alteration to be carried out at the expense of the developer, within a specified period and to the satisfaction of the Director‑General.(5) If a direction is not complied with within the period specified in that direction, or such further period as may be extended by the Director‑General, the application under subsection (1) is, at the end of that period, deemed to be disapproved by the Director‑General.Temporary compliance certificate46J.—

Where an application has been made under section 46I for a compliance certificate for any controlled works, the Director‑General may, before issuing the compliance certificate, issue a temporary compliance certificate in the first instance.(2) A temporary compliance certificate is valid for such period as the Director‑General may specify, and may be issued subject to conditions including (but not limited to) a condition that the developer of the controlled works comply with any written direction mentioned in section 46I(3)(b).(3) For the purposes of subsection (2), section 46I(3)(b) and (4) applies (with the necessary modifications) to that subsection.(4) A temporary compliance certificate is only prima facie evidence that the building that is the subject of the controlled works or in relation to which those works are done, has met the minimum environmental public health requirements that the Director‑General considers necessary for occupation, and is not evidence that the controlled works have been completed in accordance with section 46I(1)(a) and (b).(5) The Director‑General may amend, suspend or, in the event of a failure to comply with any condition imposed under subsection (2), revoke any temporary compliance certificate.Consequences of providing false or misleading information, etc.46K.—

Any person who, for the purpose of obtaining any certificate under this Part, provides to the Director‑General any plan, declaration, document or other information that is false or misleading in a material particular, shall be guilty of an offence and shall be liable —

on the first conviction to a fine not exceeding $20,000; and

on a second or subsequent conviction to a fine not exceeding $50,000.(2) The Director‑General may at any time revoke any certificate issued under this Part (including, to avoid doubt, a temporary compliance certificate), if the Director‑General is satisfied that any plan, declaration, document or other information provided to him or her for the purpose of obtaining the certificate is false or misleading in a material particular.(3) Where a clearance certificate has been revoked under subsection (2), any compliance certificate or temporary compliance certificate issued in respect of the same controlled works is also treated as revoked.Appeals under this Part46L.—

Any person who is aggrieved by a decision of the Director-General (called in this section a relevant decision) —

to disapprove an application under section 46E(2)(c), 46F(3)(c) or 46I(3)(c) (except, to avoid doubt, any such application that is deemed to be disapproved);

to impose conditions under section 46E(2)(a), 46F(3)(a), 46I(3)(a) or 46J(2) on the grant of a certificate; or

to revoke any certificate under section 46J(5) or 46K(2),may, within 14 days after the person receives the relevant decision, apply to the Director‑General to reconsider the relevant decision.(2) The application must be made by giving a written notice to the Director‑General for reconsideration that states precisely the grounds of the person’s objections to the relevant decision.(3) After considering the written notice for reconsideration, the Director‑General may do any of the following (called in this section the reconsidered decision):

confirm or rescind the relevant decision;

substitute or vary the relevant decision, and make any decision that the Director‑General is competent to make under the provisions mentioned in subsection (1)(a), (b) and (c).(4) The Director‑General’s reconsidered decision must be given in writing to the person that requested the reconsideration.(5) If the person remains aggrieved by the reconsidered decision, the person may, within 14 days after the person receives the reconsidered decision, appeal in writing to the Minister.(6) After considering the appeal, the Minister may —

confirm or rescind the reconsidered decision; or

substitute or vary the reconsidered decision, and make any decision that the Director‑General is competent to make under the provisions mentioned in subsection (1)(a), (b) and (c).(7) The Minister’s decision on the appeal is final.(8) The Minister’s decision on the appeal must be given to the appellant in writing.(9) A relevant decision takes effect despite any request for a reconsideration of the relevant decision, unless the Director‑General otherwise directs; and a reconsidered decision takes effect despite any appeal against the reconsidered decision under subsection (5), unless the Minister otherwise directs.Designation of persons to hear appeals46M.—

The Minister may designate —

any Minister of State, Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary, for his or her Ministry; or

any public officer in his or her Ministry,to hear and determine (in the Minister’s place) any appeal under section 46L.(2) Any reference in section 46L to the Minister includes a reference to the Minister of State, Senior Minister of State, Parliamentary Secretary, Senior Parliamentary Secretary or public officer so designated under subsection (1).Use of electronic service for making applications, etc.46N.—

The Director‑General may permit —

an application to him or her under this Part; or

a lodgment of any document or information with him or her for the purposes of this Part,to be made through the electronic service described in section 42AA of the Building Control Act 1989.(2) Where a person uses the electronic service mentioned in subsection (1) to make an application to or a lodgment with the Director‑General, the Director‑General may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application or lodgment, by sending it to the person’s account with the electronic service.(3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service.(4) This section applies despite anything to the contrary in this Act.(5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.Registration, appointment and duties of registered inspectors46O.—

The Director‑General must keep and maintain a register in which must be entered the names and prescribed particulars of all persons registered under this section as registered inspectors.(2) Regulations made under section 111 may provide for —

the manner and form in which the register is to be kept and open for inspection;

the manner of making applications by persons to be registered inspectors;

the qualifications of registered inspectors and their appointment;

the duties and responsibilities of registered inspectors; and

the circumstances in which the registration may be cancelled.”.