Building Act 2004

The Minister may determine requirements (the approval criteria) for this Act with which a fidelity fund scheme must comply to be an approved scheme.

Without limiting the matters that may be included in approval criteria, the approval criteria may include requirements in relation to the following:

the management of the scheme;

the content of the trust deed for the scheme;

suitability for appointment as a trustee of the scheme;

the content of fidelity certificates;

building work for which a fidelity certificate may, or must not, be issued under the scheme;

making, assessing and dealing with claims under a fidelity certificate issued under the scheme;

complaint handling in relation to fidelity certificates and claims under fidelity certificates.

The approval criteria may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.

The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

A determination is a disallowable instrument.