Building Control Act 1989 · s 22AA

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—(1) Every fixed installation owner of a fixed installation must carry out, or cause to be carried out, retrofitting of the fixed installation, whether or not of a prescribed age, in accordance with this section.(2) The retrofitting mentioned in subsection (1) must be —(a)completed within the time required by subsection (3); and(b)carried out by a person and in the manner prescribed under section 22C for the fixed installation concerned.(3) The time by which retrofitting of a fixed installation must be completed is —(a)the grace period prescribed for the fixed installation where —(i)there is no prescribed age for the fixed installation; or(ii)the fixed installation is, on the applicable date for that fixed installation, of the prescribed age or older; or(b)the longer of the following periods, where the fixed installation is, on the applicable date for that fixed installation, below the prescribed age:(i)the grace period prescribed for that fixed installation;(ii)the period starting on the applicable date for that fixed installation and ending immediately before the fixed installation attains the prescribed age.(4) A fixed installation owner who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and(b)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.(5) In any proceedings for an offence under subsection (4), it is a defence for an accused to prove, on a balance of probabilities, that the accused was not the fixed installation owner of the fixed installation —(a)at any time during the grace period prescribed for that fixed installation; or(b)before the fixed installation attained the prescribed age.
Every fixed installation owner of a fixed installation must carry out, or cause to be carried out, retrofitting of the fixed installation, whether or not of a prescribed age, in accordance with this section.
The retrofitting mentioned in subsection (1) must be —(a)completed within the time required by subsection (3); and(b)carried out by a person and in the manner prescribed under section 22C for the fixed installation concerned.
The time by which retrofitting of a fixed installation must be completed is —(a)the grace period prescribed for the fixed installation where —(i)there is no prescribed age for the fixed installation; or(ii)the fixed installation is, on the applicable date for that fixed installation, of the prescribed age or older; or(b)the longer of the following periods, where the fixed installation is, on the applicable date for that fixed installation, below the prescribed age:(i)the grace period prescribed for that fixed installation;(ii)the period starting on the applicable date for that fixed installation and ending immediately before the fixed installation attains the prescribed age.
A fixed installation owner who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and(b)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.
In any proceedings for an offence under subsection (4), it is a defence for an accused to prove, on a balance of probabilities, that the accused was not the fixed installation owner of the fixed installation —(a)at any time during the grace period prescribed for that fixed installation; or(b)before the fixed installation attained the prescribed age.

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s 22AADuty to retrofit fixed installation

(1)

Every fixed installation owner of a fixed installation must carry out, or cause to be carried out, retrofitting of the fixed installation, whether or not of a prescribed age, in accordance with this section.

(2)

The retrofitting mentioned in subsection (1) must be —

(a)

completed within the time required by subsection (3); and

(b)

carried out by a person and in the manner prescribed under section 22C for the fixed installation concerned.

(3)

The time by which retrofitting of a fixed installation must be completed is —

(a)

the grace period prescribed for the fixed installation where —

(i)

there is no prescribed age for the fixed installation; or

(ii)

the fixed installation is, on the applicable date for that fixed installation, of the prescribed age or older; or

(b)

the longer of the following periods, where the fixed installation is, on the applicable date for that fixed installation, below the prescribed age:

(i)

the grace period prescribed for that fixed installation;

(ii)

the period starting on the applicable date for that fixed installation and ending immediately before the fixed installation attains the prescribed age.

(4)

A fixed installation owner who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

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.

(5)

In any proceedings for an offence under subsection (4), it is a defence for an accused to prove, on a balance of probabilities, that the accused was not the fixed installation owner of the fixed installation —

(a)

at any time during the grace period prescribed for that fixed installation; or

(b)

before the fixed installation attained the prescribed age.