Airports (Building Control) Amendment Regulations 2009 (No. )

Airports (Building Control) Amendment Regulations 2009 (No. 2)1

Select Legislative Instrument 2009 No. 145

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Airports Act 1996.

Dated 24 June 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

1 Name of Regulations

These Regulations are the Airports (Building Control) Amendment Regulations 2009 (No. 2).

2 Commencement

These Regulations commence on the day after registration.

3 Amendment of Airports (Building Control) Regulations 1996

Schedule 1 amends the Airports (Building Control) Regulations 1996.

Schedule 1 Amendments

(section 3)

[1] Subparagraph 4.01 (1) (c) (i)

substitute

(i) qualified under the law of the State in which the airport site is located, to approve building activity or certify the fitness of buildings in the State; and

[2] After subregulation 4.01 (1)

insert

(1A) Subject to subregulation (1B), an individual, a body or a corporation (the relevant entity) may be appointed under subregulation (1) for an airport site in a State although not qualified under subparagraph (1) (c) (i) if the Secretary is satisfied:

(a) that there is no relevant entity so qualified that is reasonably available for the appointment; and

(b) that the relevant entity’s qualifications or experience give it sufficient capacity to discharge the powers, duties and responsibilities of an airport building controller for the airport site.

(1B) In deciding whether qualifications or experience give sufficient capacity, the Secretary must have regard to whether they relate to a field similar to building approval or certification such as building, architecture or engineering.

(1C) A corporation may be appointed under subregulation (1) for an airport site in a State although not qualified under subparagraph (1) (c) (i) if one of the following kinds of individual is so qualified:

(a) an employee or subcontractor of the corporation;

(b) a director or other officer of the corporation.

[3] After subregulation 4.01 (3)

insert

(4) In this regulation, qualified, for an individual, means qualified under the law of a State if the individual has, in relation to the approval of building activity or the certification of fitness of buildings:

(a) obtained any formal educational qualification such as a certificate, diploma or degree; and

(b) any vocational registration, accreditation or licence; and

required by that law.