Document ID: chunk:federal_register_of_legislation:F2024C01272:body:0:p7
Version: federal_register_of_legislation:F2024C01272
Segment Type: other
Provision Reference: 
Character Range: 16077–19021

limit the way in which a relevant building may otherwise satisfy the applicable performance requirements.
 (3) Without limiting subsection (2), a relevant building is taken to comply with the Access Code if the building provides a level of access that is not less than the level that the building would have provided if it had complied with the provisions mentioned in subsection (1).
Part 4 Exceptions and concessions

4.1 Unjustifiable hardship
 (1) It is not unlawful for a person to fail to comply with a requirement of these Standards if, and to the extent that, compliance would impose unjustifiable hardship on the person.
 (2) However, compliance is required to the maximum extent not involving unjustifiable hardship.
Example
While enlarging a lift may impose unjustifiable hardship, upgrading the lift controls panel to provide braille and tactile buttons may not.
 (3) In determining whether compliance with a requirement of these Standards would involve unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account, including the following:
 (a) any additional capital, operating or other costs, or loss of revenue, that would be directly incurred by, or reasonably likely to result from, compliance with the requirement;
 (b) any reductions in capital, operating or other costs, or increases in revenue, that would be directly achieved by, or reasonably likely to result from, compliance with the requirement;
 (c) the extent to which the construction of the building has or will be financed by government funding;
 (d) the extent to which the building:
 (i) is used for public purposes; and
 (ii) has a community function;
 (e) the financial position of a person required to comply with these Standards;
 (f) any effect that compliance with the requirement is reasonably likely to have on the financial viability of a person required to comply;
 (g) any exceptional technical factors (such as the effect of load bearing elements on the structural integrity of the building) or geographic factors (such as gradient or topography), affecting a person's ability to comply with the requirement;
 (h) financial, staffing, technical, information and other resources reasonably available to a person required to comply with these Standards, including any grants, tax concessions, subsidies or other external assistance provided or available;
 (i) whether the cost of alterations to make a premises accessible is disproportionate to the value of the building, taking into consideration the improved value that would result from the alterations;
 (j) benefits reasonably likely to accrue from compliance with these Standards, including benefits to people with a disability, to building users or to other affected persons, or detriment likely to result from non‑compliance;
 (k) detriment reasonably likely to be suffered by the building developer, building certifier or building manager, or people