This regulation may be cited as the Building (Cladding) Amendment Regulation 2018.
This regulation amends the Building Regulation 2006.
3Amendment of s 16S (Application of subdivision)
(1)Section 16S(1)—
insert—(aa)a QBCC investigator—(i)reasonably suspects that either the registration mentioned in section 16Q(1)(a) or the completed combustible checklist (part 1) for an owner’s private building is false or misleading in a material particular; and(ii)gives the owner notice of the suspicion; or(2)Section 16S(1)(aa) and (b)—
renumber as section 16S(1)(b) and (c).
4Replacement of s 16ZN (Proof of agency)
Section 16ZN—
omit, insert—(1)This section applies if a person (an agent) does an act for an owner to comply with this part.(2)Before the agent does the act, the agent must give to the QBCC, by using the online system, a copy of—(a)if the owner’s private building comprises 2 or more lots and the agent is the owner’s body corporate manager—(i)a document evidencing the body corporate manager’s authority to act for the owner; and(ii)another document, in the approved form, about the document mentioned in subparagraph (i); or(b)otherwise—a document, in the approved form, evidencing the agent’s authority to act for the owner.Maximum penalty—20 penalty units.
(3)In this section—body corporate manager, for an owner of a private building comprising 2 or more lots, see—(a)if the building is subject to the Body Corporate and Community Management Act 1997—section 14 of that Act; or(b)if the building is subject to the Building Units and Group Titles Act 1980—section 7 of that Act; or(c)if the building is subject to the Integrated Resort Development Act 1987—schedule 7 of that Act; or(d)if the building is subject to the Mixed Use Development Act 1993—schedule 5 of that Act; or(e)if the building is subject to the Sanctuary Cove Resort Act 1985—schedule 9 of that Act; or(f)if the building is subject to the South Bank Corporation Act 1989—schedule 4, section 7 of that Act.
After section 16ZO—
insert—16ZP When owner not required to comply with part
An owner is not required to comply with a provision of this part in relation to the owner’s private building if—(a)the building is owned by the owner and at least 1 other owner (another owner); and(b)another owner has complied with the provision in relation to the building.