Building (Consequential Amendments) Act 2016

Building (Consequential Amendments) Act 2016

An Act to amend certain Acts and subordinate legislation consequent on the commencement of the Building Act 2016

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Building (Consequential Amendments) Act 2016 .

2.   Commencement

(1)  Except as provided by this section, the provisions of this Act commence on the day on which the Building Act 2016 commences.

(2)  Section 7 and Schedule 2 commence –

(a) on the day on which the Building and Construction Industry Security of Payment Amendment Act 2016 commences; or

(b) if that Act has commenced before the Building Act 2016 commences, on the day on which the Building Act 2016 commences.

(3)  Section 8 and Schedule 3 commence –

(a) on the day on which the Residential Building Work Contracts and Dispute Resolution Act 2016 commences; or

(b) if that Act has commenced before the Building Act 2016 commences, on the day on which the Building Act 2016 commences.

3.   Consequential amendments of statutory rules do not prevent their subsequent amendment

The amendment by this Act of a provision of any statutory rule does not prevent that, or any other, provision of that statutory rule from being amended or rescinded by a subsequent statutory rule.

4.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Building and Construction; and

(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice.

5.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which all of its provisions commence.

6.   

See Schedule 1 .

7.   Consequential Amendments

The legislation specified in Schedule 2 is amended as specified in that Schedule.

8.   

See Schedule 3 .

SCHEDULE 1 - Consequential Amendments

The amendments effected by Section 6 and this Schedule have been incorporated into the authorised version of the appropriate Acts and Statutory Rules.

SCHEDULE 2 - Consequential Amendments

[Uncommenced]

Section 7

Building and Construction Industry Security of Payment Act 2009

1.    Section 4 is amended as follows:

(a) by omitting paragraph (a) from the definition of building practitioner and substituting the following paragraph:

(a) a building services provider, or an owner builder, within the meaning of the Occupational Licensing Act 2005;

(b) by omitting "section 6 of the Building Act 2000" from the definition of Director and substituting "section 15 of the Building Act 2016";

(c) by omitting " Building Regulations 2014 " from paragraph (f) of the definition of fire safety system and substituting "Building Regulations".

SCHEDULE 3 - Consequential Amendments

The amendments effected by Section 8 and this Schedule have been incorporated into the authorised version of the Residential Building Work Contracts and Dispute Resolution Act 2016 .