EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 145

 

 

Subject - Airports Act 1996

 

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

 

Section 252 of the Airports Act 1996 (the Act) provides that the Governor-General may make regulations prescribing matters required, or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

The Airports (Building Control) Regulations 1996 (the Principal Regulations) provide for the approval of building activities and other works at leased airports by an Airport Building Controller (ABC).

The Regulations amend the Principal Regulations to broaden the criteria for appointing an individual, body or corporation as ABC at a leased federal airport.

 

Details of the Regulations are set out in the Attachment.

 

The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised. Relevant stakeholders (such as current ABCs affected by the amendments) have been consulted. The regulatory impact of these amendments on business, individuals or the economy is nil or low.

 

The Regulations would be a legislative instrument for the purposes of the Legislative Instruments Act 2003. The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

 

Authority: Section 252 of the Airports Act 1996

ATTACHMENT

Details of the Airports (Building Control) Amendment Regulations 2009 (No. 2)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Airports (Building Control) Amendment Regulations 2009 (No. 2).

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on the day after registration.

 

Regulation 3 – Amendment of Airports (Building Control) Regulations 1996

 

This regulation provides that the Airports (Building Control) Regulations 1996 (the Principal Regulations) are amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item [1] – Subparagraph 4.01(1)(c)(i)

 

Item 1 amends subparagraph 4.01(1)(c)(i) by replacing the word “and” with “or”. New subparagraph 4.01(1)(c)(i) will provide that an individual, body or corporation qualified under the law of the State in which the airport site is located to approve a building activity or to certify the fitness of buildings in the State may be appointed by the Secretary as an ABC. It should be noted that ‘State’ is defined in subregulation 1.04(1) of the Principal Regulations to include the Australian Capital Territory and the Northern Territory.

 

Item [2] – After subregulation 4.01(1)

 

Item 2 inserts new subregulations 4.01(1A), (1B), (1C) and (4).

 

Subregulation 4.01(1A) provides that if there is no individual, body or corporation qualified to be appointed as an ABC under subparagraph 4.01(1)(c)(i), the Secretary may appoint an individual, body or corporation (the relevant entity) so long as the Secretary is satisfied that:

·        there is no individual, body or corporation so qualified that is reasonably available to be appointed; and

·        the relevant entity’s qualifications or experience give it sufficient capacity to discharge the powers, duties and responsibilities of an ABC.

 

Subregulation 4.01(1B) provides for matters that the Secretary must have regard to in deciding whether the relevant entity has qualifications or experience to give it sufficient capacity to discharge the powers, duties and responsibilities of an ABC. The Secretary must have regard to whether the relevant entity’s qualifications or experience relate to a field similar to building approval or certification– for example, building, architecture or engineering. These examples, however, are not exclusive.

 

Subregulation 4.01(1C) outlines the situation in which the Secretary may appoint a corporation not qualified under subparagraph 4.01(1)(c)(i) as an ABC. If the corporation has an employee, subcontractor, director or an officer who is qualified, the Secretary may appoint such corporation.

 

Item [3] – After subregulation 4.01(3)

 

New subregulation 4.01(4) provides for a definition of the term ‘qualified’ for the purposes of regulation 4.01. An individual is ‘qualified under the law of a State’ if the individual has:

·        obtained any formal educational qualification such as a certificate, diploma or degree in relation to the approval of building activity or certification of fitness of buildings; and

·        any vocational registration, accreditation or licence in relation to the approval of building activity or certification of fitness of buildings; and

·        any practical experience in relation to the approval of building activity or certification of fitness of buildings

as required by the law of the State where the airport site is located.

 

The above provision ensures that an individual may be appointed as an ABC under subparagraph 4.01(1)(c)(i) so long as that individual has the qualifications provided for in subregulation 4.01(4).

 

By way of example, there may be certain jurisdictions where employment by a local council or a local government authority is a prerequisite to being authorised under the law of that jurisdiction to approve building activity or certify fitness of buildings. If an individual has the formal educational qualification, vocational registration, accreditation or licence and practical experience required by the relevant jurisdiction, even if the individual is not employed by the local council or local government authority, the Secretary may still appoint that individual as an ABC.