Building code
136 Building code
In this Act:
building code means—
the Building Code of Australia prepared and published by the Australian Building Codes Board as amended from time to time by—
the Australian Building Codes Board; and
the Australian Capital Territory Appendix to the Building Code of Australia; and
a document prescribed by regulation.
The date that each version of the BCA comes into effect in the ACT can be found in the ‘History of Amendments’ or ‘History of BCA Adoption’ parts in the BCA itself. However, a different date of effect may be prescribed by regulation or in an amendment of the BCA made by an Australian Capital Territory Appendix to the Building Code of Australia.
See also s 136A (Regulation under s 136 (1), def building code and Legislation Act, s 47).
To remove any doubt, the Building Code of Australia includes the variations, additions and exclusions for the ACT contained in the code, including in an appendix to the code.
The BCA does not include the Guide to Volume One published by the Australian Building Codes Board.
The Minister may make an Australian Capital Territory Appendix to the Building Code of Australia.
The Australian Capital Territory Appendix to the Building Code of Australia is a disallowable instrument.
The regulations may make provision in relation to the application of the building code.
Examples
1 prescribe an area to be a bushfire-prone area
2 A new edition of the Building Code of Australia comes into effect on 1 May 2013. A regulation provides that stated provisions of the BCA come into effect in the ACT on 1 January 2014.
The Australian Capital Territory Appendix to the Building Code of Australia may also amend the date the BCA comes into effect in the ACT.
This provision refers to the regulations (prescribed by regulation
, The regulations may make
, A regulation
). Made under this Act:
- Building and Construction Legislation Amendment Regulation 2025 (no 1) · under s 152
- Building (General) Regulation 2008 · Rule · under s 152
This Act’s bill:Explanatory statementSecond reading speech
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