Building (Transitional) Regulation 2014

Queensland Building Act 1975 Building (Transitional) Regulation 2014 Current as at 10 November 2014 Reprint note This is the last reprint before expiry. Expired on 11 November 2015 (see s 4 and 1975 Act No. 11 s 344(4)).

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Building (Transitional) Regulation 2014 Contents Part 1 1 2 3 4 Part 2 5 Part 3 6 7 8 9 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Declaration that regulation is a transitional regulation—Act, s 344(3) 3 Transfer of matters from former council to QBCC Pending reviews of relevant decisions . . . . . . . . . . . . . . . . . . . . . 4 Transfer of matters from chief executive to QBCC Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Chief executive to give QBCC commissioner details of relevant certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Approvals of pool safety inspector tests by chief executive before commencement continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Other administrative matters relating to chief executive . . . . . . . . 6 Endnotes 1 2 3 4 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 8 9

Building (Transitional) Regulation 2014 Part 1 Preliminary [s 1] Building (Transitional) Regulation 2014 [reprinted as in force on 10 November 2014] Part 1 Preliminary 1 Short title This regulation may be cited as the Building (Transitional) Regulation 2014 . 2 Commencement This regulation commences on 10 November 2014. 3 Definitions In this regulation— amending Act means the Professional Engineers and Other Legislation Amendment Act 2014 . commencement means commencement of the amending Act, section 39. former council means the Pool Safety Council established under section 246EF of the unamended Act. unamended Act means the Act as in force immediately before the commencement. 4 Declaration that regulation is a transitional regulation—Act, s 344(3) This regulation is a transitional regulation. Current as at 10 November 2014 Page 3

Building (Transitional) Regulation 2014 Part 2 Transfer of matters from former council to QBCC [s 5] Note — Under section 344(4) of the Act, this regulation expires on 11 November 2015. Part 2 Transfer of matters from former council to QBCC 5 Pending reviews of relevant decisions (1) This section applies if, before the commencement— (a) an application for review of a relevant decision had been made but not decided or otherwise finally dealt with; or (b) the period in which a person was entitled to apply under the unamended Act for review of a relevant decision had started but not ended. (2) The review of the relevant decision may be completed, or started and completed, as if— (a) the Act had not been amended by the amending Act; and (b) the QBCC Act, part 7, division 3 did not apply for review of the decision. (3) In this section— relevant decision means a decision under part 4, division 3 of the Building Regulation 2006 as in force before the commencement of the Building and Other Legislation Amendment Regulation (No. 1) 2014 , section 9. Page 4 Current as at 10 November 2014

Part 3 Building (Transitional) Regulation 2014 Part 3 Transfer of matters from chief executive to QBCC [s 6] Transfer of matters from chief executive to QBCC 6 Pending legal proceedings (1) A legal proceeding in relation to a relevant offence that has been started, or could have been started, by or against the chief executive before the commencement may be started or continued by or against the QBCC commissioner. (2) For section 256(1) of the Act, the QBCC commissioner is taken to have knowledge of the commission of a past offence— (a) if the offence came to the chief executive’s knowledge; and (b) when the offence came to the chief executive’s knowledge. (3) If a prosecution for a relevant offence against the unamended Act is started by the chief executive under section 256(2) of that Act before the commencement, the QBCC commissioner is taken to be the complainant for continuing the prosecution. (4) In this section— legal proceeding means a proceeding before a court or tribunal. past offence means a relevant offence for which— (a) the alleged date of commission of the offence was before the commencement; and (b) the prosecution of the offence had not yet started before the commencement. relevant offence means an offence against the unamended Act, other than an offence against a provision of chapter 7 or 7A of the Act. Current as at 10 November 2014 Page 5

Building (Transitional) Regulation 2014 Part 3 Transfer of matters from chief executive to QBCC [s 7] 7 Chief executive to give QBCC commissioner details of relevant certificates (1) This section applies if, within 3 months after the commencement, the chief executive receives details of a building certificate under section 246AP of the unamended Act. (2) The chief executive must give the details of the certificate to the QBCC commissioner as soon as practicable. 8 Approvals of pool safety inspector tests by chief executive before commencement continue (1) Subsection (2) applies to an approval of a pool safety inspector test— (a) given by the chief executive under the unamended Act; and (b) in effect immediately before the commencement. (2) The approval continues in effect as if the approval had been given by the QBCC Commissioner. 9 Other administrative matters relating to chief executive (1) Subsection (2) applies to each of the following things in effect under the unamended Act immediately before the commencement— (a) a notice given by the chief executive in relation to pool safety; Example — a notice about the approval of a pool safety management plan given under section 245O(4)(a) of the unamended Act (b) a requirement or request in relation to pool safety made by the chief executive that has not been fully complied with on the commencement; Page 6 Current as at 10 November 2014

Building (Transitional) Regulation 2014 Part 3 Transfer of matters from chief executive to QBCC [s 9] Examples — • a requirement, made under section 245N of the unamended Act, that an owner give the chief executive further information about a pool safety management plan • a request, made under section 246AIB of the unamended Act, of a local government to give the chief executive information about a regulated pool (c) a decision of the chief executive in relation to pool safety. (2) The thing continues in effect as if it had been given or made by the QBCC commissioner when the thing first took effect. (3) If the chief executive receives a notice or other information from a person in relation to a thing mentioned in subsection (1) after the commencement, the chief executive must give the notice or other information to the QBCC commissioner as soon as practicable. Current as at 10 November 2014 Page 7

Building (Transitional) Regulation 2014 Endnotes Endnotes 1 Index to endnotes Page 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 2 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further Page 8 Current as at 10 November 2014

Building (Transitional) Regulation 2014 Endnotes details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Current as at 10 November 2014 Amendments included none Notes RA s 44 4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Building (Transitional) Regulation 2014 SL No. 256 made by the Governor in Council on 6 November 2014 notfd <www.legislation.qld.gov.au> 7 November 2014 ss 1–2 commenced on date of notification remaining provisions commenced 10 November 2014 (see s 2) exp 11 November 2015 (see s 4 and 1975 Act No. 11 s 344(4)) © State of Queensland 2014 Authorised by the Parliamentary Counsel Current as at 10 November 2014 Page 9