(1)  In this section –

access provision of the National Construction Code means a performance requirement –

(a) that is contained in one of the following parts of Volume One of the National Construction Code:

(i) Section D;

(ii) Part E3 of Section E;

(iii) Part F2 of Section F; and

(b) in respect of which there is an equivalent performance requirement contained in the Access Code within the meaning of the Disability (Access to Premises - Buildings) Standards 2010 of the Commonwealth.

(2)  A person may apply to the appeal tribunal for a determination that an access provision of the National Construction Code –

(a) does not apply; or

(b) applies with the modifications or variations specified in the application –

to premises specified in the application.

(3)  An application under subsection (2) may only be made on the ground that compliance with the access provisions of the National Construction Code would impose unjustifiable hardship on the applicant.

(4)  An application under subsection (2) may be made by –

(a) the owner of the premises; or

(b) a lessee of the premises, who proposes to have, or is having, building work carried out in respect of the premises.

(5)  Before determining a matter under this section relating to disability access, the appeal tribunal is to notify, and seek submissions from –

(a) the Director of Building Control; and

(b) any affected reporting authority; and

(c) the relevant building surveyor.

(6)  In determining whether compliance with an access provision of the National Construction Code would impose unjustifiable hardship on the applicant, the appeal tribunal must take into account –

(a) the objects of the Disability Discrimination Act 1992 of the Commonwealth; and

(b) all the circumstances prescribed for the purposes of this section, if those circumstances are applicable to the particular case; and

(c) all other circumstances of the particular case that the appeal tribunal considers relevant.

(7)  If a substantial issue of unjustifiable hardship is raised having regard to the matters referred to in subsection (6) , the appeal tribunal must consider the following additional matters:

(a) the extent to which substantially equal access to public premises is or may be provided other than by compliance with the access provisions of the National Construction Code;

(b) any measures undertaken, or to be undertaken, by, on behalf of or in association with a person or organisation in order to ensure substantially equal access.

(8)  A determination under this section must provide for compliance with the access provisions of the National Construction Code to the maximum extent not involving unjustifiable hardship.

(9)  For the purposes of this section, in interpreting and determining whether there is unjustifiable hardship, the appeal tribunal is to have due regard to the rights and interests of all relevant parties.