Australian Capital Territory Numbered Acts

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BUILDING (AMENDMENT) ACT (NO. 2) 1991 (NO. 43 OF 1991) - SECT 6

Binding the Crown

6. Section 6A of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

“(b) sections 9B and 9C and subsection 29 (2);”.

7 . Division 4 of Part II of the Principal Act is repealed and the following Division substituted:

Division 4—The Building Code

“24. (1) The Minister shall cause a code, to be called the Building Code, to be prepared and published for the purposes of this Act.

“(2) For the purposes of subsection (1), the Minister may—

        (a)     by instrument, adopt all or part of the provisions of the Building Code of Australia prepared and published by the Australian Uniform Building Regulation Co-ordinating Council, as in force at a particular time, with such modifications (if any) as are specified in the instrument; and

        (b)     cause to be prepared and published an Australian Capital Territory Appendix to the Building Code of Australia.

“(3) The Building Code prepared in accordance with this section, and each instrument under paragraph (2) (a), is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .

“(4) The Building Code, or any amendment, takes effect on the day on which notice of it is published in the Gazette pursuant to section 25.

“25. The Minister shall publish in—

        (a)     the Gazette ; and

        (b)     a daily newspaper published and circulating in the Territory;

notice of the preparation of the Building Code and each amendment to it.

“26. (1) The Building Controller shall keep a copy of the Building Code at his or her office at all times.

“(2) A person may, upon request, at any time at which the Building Controller's office is open for business, inspect the Building Code kept by the Building Controller.

“27. (1) The Minister may, by instrument, exempt, either generally or in a particular case, a government agency, or a government agency included in a class of government agencies, from the application of all or any of the provisions of the Building Code.

“(2) An instrument under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .

“28. In any proceedings before a court or the Tribunal, evidence of the Building Code as in force on a specified date or during a specified period may be given by the production of an office copy of the Building Code certified by the Building Controller as a true copy as at that date or during that period.”.



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