Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p30
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 30/35)
Character Range: 79944–82649

whether to make a particular appointment, the Secretary must have regard to a submission by the airport‑lessee company if the submission is received before the day specified in the notice as the day on which it is proposed to make the appointment.
 (4) In this regulation, qualified, for an individual, means qualified under the law of a State if the individual has, in relation to the approval of building activity or the certification of fitness of buildings:
 (a) obtained any formal educational qualification such as a certificate, diploma or degree; and
 (b) any vocational registration, accreditation or licence; and
 (c) any practical experience;
required by that law.

4.02  Immunity from certain liability
 (1) An airport building controller has no liability for anything done, or omitted to be done, in good faith, in reasonable reliance on a certificate given by a building or works expert.
 (2) An airport building controller has no liability for anything necessarily or reasonably done, or omitted to be done, in good faith:
 (a) in exercising a power or function under these Regulations; or
 (b) in the reasonable belief that the act or omission was done in the exercise of a power or function under these Regulations.

4.03  Confidential information in hands of airport building controller
  Information given to, or obtained by, an airport building controller in the performance of a power or function under these Regulations must not be disclosed to any person who does not have a lawful, and proper, need to see the information.

Part 5—General penalty provisions

Division 1—Continuing offences

5.01  Continuing offences
  For section 4K of the Crimes Act 1914, a requirement in a provision of Part 5 of the Act to do, or not do, an act or thing is a requirement that arises every day and is to be complied with on that day.

Division 2—Infringement notices

5.02  Purpose of this Division
  The purpose of this Division is to provide a procedure under which a person who is alleged to have committed an offence against Part 5 of the Act may, as an alternative to having the matter dealt with by a court, dispose of the matter by payment of a monetary penalty (an infringement notice penalty) specified in a notice (an infringement notice) served on the person.

5.03  Infringement notices
 (1) If there are reasonable grounds for believing that a person has committed an offence against Part 5 of the Act, an airport building controller may serve an infringement notice, or cause an infringement notice to be served, on the person.
 (2) The notice must set out the following information:
 (a) the name and address of the person served;
 (b) the provision of the Act that it is alleged