New South Wales Consolidated Acts

BUILDING AND DEVELOPMENT CERTIFIERS ACT 2018

- As at 12 October 2023 
- Act 63 of 2018 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions

   PART 2 - REGISTRATION OF CERTIFIERS

           Division 1 - Preliminary

   5.      Certification work requires registration
   6.      Registration of persons to carry out certification works
   7.      Grounds for finding that a person is not a suitable person to carry out certification work

           Division 2 - Application for registration

   8.      Application for registration
   9.      Secretary may obtain information from third parties
   10.     Grant or refusal of registration
   11.     Duration of registration
   12.     Variation of registration

           Division 3 - Conditions of registration

   13.     Conditions of registration
   14.     Compliance with standards or methodologies
   15.     Conditions may provide that authorisation takes effect later

           Division 4 - Suspension or cancellation of registration

   16.     Grounds for suspension or cancellation of registration
   17.     Suspension of registration
   18.     Cancellation of registration
   19.     Suspension or cancellation may be subject to conditions

           Division 5 - Miscellaneous

   20.     Offence of contravening condition
   21.     Registration not transferable
   22.     Offence of lending certificate registration
   23.     Voluntary surrender or suspension of registration
   24.     Review by Civil and Administrative Tribunal
   25.     Recovery of unpaid fees

   PART 3 - REQUIREMENTS ON CERTIFIERS

           Division 1 - Insurance or other arrangement

   26.     Registered certifiers to be indemnified
   27.     Regulations under Division

           Division 2 - Conflicts of interest

   28.     Conflicts of interest
   29.     Meaning of "conflict of interest"
   30.     Meaning of having a pecuniary interest

           Division 3 - General requirements

   31.     Requirements relating to contracts for certification work
   32.     Code of conduct
   33.     Principal certifier to notify client of certain changes
   34.     Registered certifier to notify employer of certain changes
   35.     Registered certifier to notify Secretary of certain events
   36.     Return of certificate of registration
   37.     Responsibilities of individuals acting on behalf of registered body corporate or council

           Division 4 - Additional requirements for registered body corporate

   38.     Registered directors must ensure certification work carried out lawfully
   39.     Registered directors must report certain conduct
   40.     Registered body corporate must ensure certification work carried out by individual
   41.     Registered body corporate with insufficient registered directors

           Division 5 - Miscellaneous offences relating to certification work

   42.     Improper influence with respect to carrying out certification work
   43.     Representing work is work requiring a registered certifier
   44.     Knowingly issuing a false certificate

   PART 4 - DISCIPLINARY ACTION AGAINST CERTIFIERS

   45.     Grounds for taking disciplinary action
   46.     Functions exercised on behalf of council or body corporate
   47.     Notice to show cause
   48.     Disciplinary action that may be taken by Secretary
   49.     Review by Civil and Administrative Tribunal
   50.     Enforcement of monetary penalties and payment of costs
   51.     Liability for offences not affected

   PART 5 - ACCREDITATION OF PERSONS CARRYING OUT REGULATED WORK

   52.     Meaning of "regulated work"
   53.     Regulated work requires accreditation
   54.     Accreditation of persons to carry out regulated work
   55.     Regulations may authorise registered certifiers to carry out regulated work

   PART 6 - APPROVAL OF ACCREDITATION AUTHORITIES

           Division 1 - Accreditation authorities

   56.     Accreditation authority--meaning
   57.     Functions of an accreditation authority
   58.     Person must be approved to exercise functions of accreditation authority
   59.     Approval of accreditation authority to exercise functions
   60.     Effect of approval
   61.     Accreditation authority approval guidelines

           Division 2 - Approval procedure

   62.     Application for approval
   63.     Grant or refusal of approval
   64.     Duration of approval
   65.     Variation of approval

           Division 3 - Conditions of approval

   66.     Conditions of approval
   67.     Condition that functions are exercised in accordance with approved accreditation scheme
   68.     Condition that functions are exercised only by individuals notified to Secretary
   69.     Condition that functions be exercised in the public interest
   70.     Condition requiring provision of information to the Secretary
   71.     Condition relating to independent audits
   72.     Condition relating to investigations and audits conducted by Secretary
   73.     Condition requiring publication of information
   74.     Condition requiring the keeping of records

           Division 4 - Suspension or cancellation of approval

   75.     Grounds for suspension or cancellation of approval
   76.     Suspension of approval
   77.     Cancellation of approval
   78.     Suspension or cancellation may be subject to conditions

           Division 5 - Miscellaneous

   79.     Requirements for an accreditation scheme
   80.     Offence of contravening condition
   81.     Offence of carrying out accreditation authority functions during suspension
   82.     Surrender of approval
   83.     Review by Civil and Administrative Tribunal
   84.     Disclosure of information

   PART 7 - POWERS OF AUTHORISED OFFICERS

           Division 1 - Preliminary

   85.     Definitions
   86.     Purposes for which functions under Part may be exercised

           Division 2 - Authorised officers

   87.     Appointment of authorised officers
   88.     Scope of authority
   89.     Identification

           Division 3 - Information gathering powers

   90.     Exercise in conjunction with other powers
   91.     Powers of authorised officers to require information and records
   92.     Power of authorised officers to require answers
   93.     Recording of evidence

           Division 4 - Entry to premises

   94.     Powers of authorised officers to enter premises
   95.     Entry into residential premises only with permission or warrant
   96.     Search warrants
   97.     Requiring assistance
   98.     Powers that may be exercised on premises

           Division 5 - Miscellaneous

   99.     Taking possession of records to be used as evidence
   100.    Obstruction of authorised officers
   101.    Failure to comply with direction

   PART 8 - OTHER FUNCTIONS OF THE SECRETARY

   102.    Register of registrations and approvals
   103.    Warning notices
   104.    Undertakings
   105.    Applying for injunctions
   106.    Complaints, investigations and audits of certifiers and accreditation authorities
   107.    Investigation of councils acting as certifier
   108.    Exchange of information
   109.    Secretary may require information about insurance policies
   110.    Secretary may exercise functions of an accreditation authority

   PART 9 - MISCELLANEOUS

   111.    Disclosure and misuse of information
   112.    Responsibilities of councils carrying out certain prescribed certification work
   113.    Delegation
   114.    Personal liability
   115.    Offences by bodies corporate
   116.    Service of documents
   117.    Certificate evidence of certain matters
   118.    Penalty notices
   119.    Proceedings for offences
   120.    Regulations
   121.    (Repealed)
           SCHEDULE 1
           Schedule 3 (Repealed)