Page 2115 - Week 07 - Thursday, 23 August 2007

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(2) The AAT must not, in relation to a proposed building, or a building as proposed to be altered, forming part of a development—

(a) vary a decision to issue a stop notice under section 53 (Stop notices) or a notice under section 58 (2) or (4) (Further notices relating to stop notices) or section 62 (1) (Notice to carry out building work), or substitute a decision for a decision it has set aside, in a way that would be contrary to a development approval for the development; or

(b) vary a decision to issue a notice under section 58 (4), or substitute a decision for a decision it has set aside, unless there is a development approval for the development.

(3) If the construction occupations registrar or another entity makes a reviewable decision, the registrar or other entity must give written notice of the decision to the relevant entity in relation to the decision.

(4) A notice under subsection (3) must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

(5) A regulation may prescribe—

(c) what decisions are reviewable decisions; and

(d) the relevant entity for each reviewable decision.

28

Schedule 1

Amendment 1.67

Proposed new section 152 (2) (c)

Page 56, line 15—

omit proposed new section 152 (2) (c), substitute

(c) the following:

(i) when an entity must be consulted about, consent to, or approve, an application for building approval;

(ii) anything else in relation to the consultation, consent or approval.

29

Schedule 1

Amendment 1.68

Dictionary, definition of certifier, proposed new paragraph (a)

Page 56, line 20—

omit proposed new paragraph (a), substitute

(a) for building work—means an entity appointed to act as certifier under section 19 (Appointment of certifiers—work not begun), section 19A (Appointment of certifiers—work begun) or government certifier under section 20 (Appointment of government certifiers) for the work; but

30

Schedule 1

Proposed new amendment 1.74A

Page 57, line 23—


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