Building Act 2004

The director-general may appoint a person as an authorised person for this part.

A person must not be appointed under subsection (1) unless the director-general is satisfied that the person is competent to exercise the functions of an authorised person under this part.

A regulation may prescribe matters that the director-general must consider in relation to a person’s competency for subsection (2).

A regulation may prescribe—

a class of person taken to be appointed as an authorised person under this section; and

the terms of appointment for the class of person.

Power to make a regulation includes power to make different provision in relation to different matters or different classes of matters and to make a regulation that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

An appointment under subsection (1)—

must be for a term of not longer than 5 years; and

is a notifiable instrument.

An authorised person has the following functions:

assessing whether regulated swimming pools comply with the safety standards;

issuing compliance status certificates and pool rectification notices for regulated swimming pools;

any other function under this part or prescribed by regulation.

An authorised person must exercise the person’s functions in accordance with—

if the person is appointed under subsection (1)—the instrument of appointment; and

however appointed—any directions the director-general gives the person.

In this section: