2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

Part 1.1 Building Act 2004 3

Part 1.2 Construction Occupations (Licensing) Act 2004 5

Part 1.3 Construction Occupations (Licensing) Regulation 2004 16

Part 1.4 Electricity Safety Act 1971 17

Part 1.5 Gas Safety Regulation 2001 20

Part 1.6 Water and Sewerage Act 2000 22

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

An Act to amend the law relating to construction occupations, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Construction Occupations Legislation Amendment Act 2006.

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

This Act amends the legislation mentioned in schedule 1.

(3) For subsection (1)—

(a) a building or a building as altered does not fail to comply with this Act only because the plans for the building or alteration contain something to which the building code does not apply; and

(b) a building product, construction method, design, component or system connected with a building is taken to comply with the building code if the product, method, design, component or system complies with a recognised standard.

the construction occupations registrar finds, on inspection that—

the construction occupations registrar is satisfied, on reasonable grounds, that—

(1) The Minister may declare a document to be a recognised standard for this Act.

(2) However, the Minister must not make a declaration under subsection (1) in relation to a document unless the document has been approved (however described)—

(a) by or on behalf of the Australian Building Codes Board; or

(b) under a system or scheme (however described) administered or approved (however described) by the Australian Building Codes Board; or

(c) as prescribed by regulation.

(3) A declaration under subsection (1) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(4) In this section:

Australian Building Codes Board includes an entity prescribed by regulation.

recognised standard means a document declared to be a recognised standard under section 139A (1).

(1) A notice (a disciplinary notice) given to a licensee or former licensee must—

(a) state each disciplinary ground for which the notice is given; and

(b) for each disciplinary ground to which section 54 (1) (a) applies—state the relevant contravention or, if a short description is prescribed by regulation for the contravention, state the short description; and

(c) for each disciplinary ground to which section 54 (1) (a) does not apply—state details of the ground sufficient to allow a reasonable person to identify the circumstances that gave rise to the ground; and

(d) tell the person that the person may, not later than 12 business days after the day the person is given the notice, do either or both of the following:

(i) give a written response to the registrar about the matters in the notice;

(ii) ask the registrar to hold an inquiry under division 5.3 (Disciplinary inquiries) in relation to all or stated disciplinary grounds.

Note Under s 60 (5), if the person asks the registrar to hold an inquiry in relation to a disciplinary ground and the registrar decides not to hold an inquiry in relation to that disciplinary ground, the registrar must not take disciplinary action in relation to that disciplinary ground.

(3) In making a decision about whether to take disciplinary action in relation to the licensee or former licensee and, if the registrar decides to take disciplinary action, what disciplinary action to take, the registrar—

(a) must take into account any response given to the registrar in accordance with the disciplinary notice; and

(b) may hold an inquiry under division 5.3 (Disciplinary inquiries) in relation to all or any of the disciplinary grounds stated in the disciplinary notice; and

(c) if the registrar holds an inquiry under division 5.3—must have regard to evidence given at the inquiry; and

(d) if the registrar decides to take disciplinary action—must consider the matters mentioned in section 62 (1).

(4) To remove any doubt, the Legislation Act, section 146 (1) applies to subsection (3) (b).

Note The Legislation Act, s 146 (1) deals with the meaning of may.

(5) Despite subsection (3) (b), the registrar must not take disciplinary action in relation to a disciplinary ground stated in the disciplinary notice if—

(a) the licensee or former licensee asked the registrar in accordance with the disciplinary notice to hold an inquiry under division 5.3 in relation to that ground; and

(b) the registrar decided not to hold an inquiry under the division in relation to that ground.

(6) If the registrar decides to take disciplinary action in relation to the licensee or former licensee—

(a) the registrar must, by written notice given to the licensee or former licensee, tell the licensee or former licensee about the decision; and

(b) the decision takes effect when the licensee or former licensee is given the notice or, if the notice states a later time of effect, at that time.

(1) In deciding what disciplinary action to take in relation to the entity under section 61, the registrar must consider the following:

(3) It is a defence to a prosecution for an offence against subsection (2), if the partner proves that—

(a) the partner did not know about the contravention of the subsection involved in the offence; and

(b) either—

(i) the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or

(ii) the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.

(2) Each partner in a partnership commits an offence if the partnership—

(a) advertises that the partnership provides, or will provide, a service in a construction occupation or occupation class; and

(b) does not include the following in the advertisement:

(i) the partnership’s name as recorded on the partnership’s licence;

(ii) the partnership’s licence number.

Maximum penalty: 5 penalty units.

The examples in subsection (1) apply to this subsection.

The examples in subsection (1) apply to this subsection.

(3) It is a defence to a prosecution for an offence against subsection (2), if the partner proves that—

(a) the partner did not know about the contravention of the subsection involved in the offence; and

(b) either—

(i) the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or

(ii) the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.

(4) An offence against this section is a strict liability offence.

(ii) if an endorsement on the licence is required for the person to be authorised to provide the service provided and the licence does not have that endorsement.

(2) Each partner in a partnership commits an offence if the partnership—

(a) provides a service in a construction occupation or occupation class; and

(b) either—

(i) is not licensed in the occupation or class; or

(ii) if an endorsement on the licence is required for the partnership to be authorised to provide the service provided and the licence does not have that endorsement.

Maximum penalty: 50 penalty units.

(3) This section does not apply if—

(a) an individual provides the service, whether directly or for an entity; and

(b) the individual is working under the supervision of a licensee whose licence authorises the provision of the service; and

(c) the licensee is not required by a condition or endorsement on the licence to provide the service as an employee or under supervision; and

(d) a regulation allows the service to be provided by an individual without a licence if provided under the supervision of a licensee.

(4) It is a defence to a prosecution for an offence against subsection (2) if the partner proves that—

(a) the partner did not know about the contravention of the subsection involved in the offence; and

(b) either—

(i) the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or

(ii) the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.

(5) An offence against this section is a strict liability offence.

employee (the

employee (also the

(2) Each member of a partnership commits an offence if—

(a) a partner engages someone else (the worker), or allows an employee of the partnership (also the worker), to provide a construction service for the partnership; and

(b) the worker is not licensed to provide the service; and

(c) the partner is reckless about whether the worker is licensed to provide the service.

Maximum penalty: 50 penalty units.

(3) This section does not apply to an entity that provides a service if—

(a) the service is provided under the supervision of a licensee; and

(b) the licensee is not required by a condition or endorsement on the licence to provide the service as an employee or under supervision; and

(c) a regulation allows the service to be provided by an individual without a licence if provided under the supervision of a licensee.

(4) It is a defence to a prosecution for an offence against subsection (2) if the partner proves that—

(a) the partner did not know about the contravention of the subsection involved in the offence; and

(b) either—

(i) the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or

(ii) the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.

(4) It is a defence to a prosecution for an offence against subsection (2) if the partner proves that—

(a) the partner did not know about the contravention of the subsection involved in the offence; and

(b) either—

(i) the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or

(ii) the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.

(5) It is a defence to a prosecution for an offence against subsection (2) or (4) if the partner proves that—

(a) the partner did not know about the contravention of the subsection involved in the offence; and

(b) either—

(i) the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or

(ii) the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.

(1) Part 4 (Rectification orders and other obligations on licensees) and part 5 (Automatic licence suspension and disciplinary action) apply to conduct engaged in before 1 September 2004 as if—

(a) a reference to a construction service included a reference to a construction service provided before 1 September 2004; and

(b) a reference to this Act included a reference to a related Act; and

(c) a reference to a licensee or former licensee included a reference to a person who was a registered construction practitioner under the Construction Practitioners Registration Act 1998 (whether or not the person is also a licensee or former licensee for this Act); and

(d) all other necessary changes were made; and

(e) any changes prescribed by regulation were made.

(2) In this section:

related Act means any of the following Acts:

(a) the Construction Practitioners Registration Act 1998; or

(b) an operational Act; or

(c) the Building Act 1972; or

(d) the Energy and Water Act 1988; or

(e) the Gas Act 1992; or

(f) the Plumbers, Drainers and Gasfitters Board Act 1982.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

(3) This section expires on 31 August 2014.

(4) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

conduct means an act or an omission to do an act.

engage in conduct means—

(a) do an act; or

(b) omit to do an act.

(1) In deciding whether to endorse an individual’s licence under section 30 or section 31, the registrar must consider the following:

(a) the individual’s physical ability or skill;

(b) the individual’s qualifications, training and knowledge;

(c) the extent, quality and relevance of the individual’s experience, and how recent that experience is, in doing similar work to, or work that is equally complex as, the work to be allowed by the proposed endorsement;

(d) whether any disciplinary action has ever been taken in relation to the individual;

(e) whether the individual has incurred any demerit points that have not been deleted from the register.

(2) In deciding whether to endorse the licence of a corporation or partnership, the registrar must consider the following:

(a) whether any disciplinary action has ever been taken in relation to the entity;

(b) whether the entity has incurred any demerit points that have not been deleted from the register.

(3) However, the registrar may endorse the licence of the corporation or partnership only if nominees of the entity have licences that are endorsed in the way applied for.

(4) The registrar may consider anything else that is relevant.

relevant safety standard, for an article of electrical equipment, means the safety standard stated under section 11A (3) for the article.

In this Act:

prescribed article of electrical equipment—

(a) means an article of electrical equipment declared under section 11A; but

(b) does not include an article of electrical equipment declared under section 11B.

(1) The planning and land authority may declare that an article of electrical equipment is a prescribed article of electrical equipment.

(2) However, the planning and land authority must not make a declaration about an article of electrical equipment under subsection (1) unless satisfied that there are reasonable grounds for believing that—

(a) because of its design or construction, the article is, or is likely to become, unsafe to use; and

(b) because of the risk of death or injury to people or the risk of damage to property, the article should be declared to be a prescribed article of electrical equipment.

(3) A declaration under subsection (1) about an article of electrical equipment must state the safety standard that the article must comply with.

(4) Without limiting subsections (1) and (3), the planning and land authority may declare an article of electrical equipment under subsection (1), or state the safety standard that an article of electrical equipment must comply with, by adopting a law of a State, as in force at a particular time or from time to time, under which the article or safety standard is prescribed.

(5) A declaration under subsection (1) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) The planning and land authority may declare that an article of electrical equipment is not a prescribed article of electrical equipment.

(2) Without limiting subsection (1), the planning and land authority may declare an article of electrical equipment under subsection (1) by adopting a law of a State, as in force at a particular time or from time to time, under which the article is prescribed.

(3) A declaration under subsection (1) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

section 11

section 11A and section 11B

(a) under section 11A (1) declaring that an article of electrical equipment is a prescribed article of electrical equipment;

(b) under section 11A (3) stating the safety standard that an article of electrical equipment must comply with;

• State

prescribed article of electrical equipment—see section 11.

(2) The planning and land authority may exempt a person from the application of subsection (1) (a) to the installation of an appliance if the authority believes, on reasonable grounds, that—

(2) The planning and land authority may exempt a person from the application of subsection (1) (a) to the installation of an appliance if the authority believes, on reasonable grounds, that—

Chief executive

Planning and land authority

(6) The planning and land authority must make a copy of the register available for public inspection during ordinary office hours at the authority’s office and at any other place decided by the authority.

chief executive’s

planning and land authority’s

chief executive

planning and land authority

• section 7 (3)

• section 9 (3)

• section 12 (2) and (4)

• section 17 (1) and (2)

• section 17A (1) and (4)

• section 17B (2) and (3)

• section 18C heading, (1) (b) and (2) (b)

• section 18D heading, (1) (b) and (2) (b)

• section 18E (1), (3) and (4)

• section 18G (2)

• section 19

• section 19A

The owner of premises may apply to a certifier for approval of a plan in relation to sanitary drainage work, sanitary plumbing work or water supply plumbing work.

MP52

the plumbing code

(1) The Minister may declare a document to be the plumbing code for this Act.

(2) A declaration under subsection (1) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

plumbing code means a document declared under section 46.

(ii) is, or is intended to become, part of a sewerage network.

(c) does not include—

(i) a fire sprinkler system; or

(ii) part of a water network, or water supply pipework that is intended to become part of a water network.

Presentation speech made in the Legislative Assembly on 2006.

Notified under the Legislation Act on 2006.

For the latest republication of amended laws, see www.legislation.act.gov.au.