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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 39
Plumbers
and Drainers Licensing Amendment Bill 2009
Ms
Lawrie
A Bill for an Act to amend the Plumbers and Drainers Licensing Act
NORTHERN TERRITORY OF AUSTRALIA
PLUMBERS AND DRAINERS LICENSING AMENDMENT ACT 2009
____________________
Act No. [ ] of 2009
____________________
TABLE OF PROVISIONS
Part 3 Plumbing licence areas
17 Minister may declare
plumbing licence
area
42 False
statements
Part
8 Declarations relevant to period before
commencement of Plumbers and Drainers Licensing Amendment Act
2009
50 Declarations about
application of Act and validity of matters on and after 1 January 2001 until
commencement
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2009
____________________
An Act to amend the Plumbers and Drainers Licensing Act
[Assented to [ ] 2009]
[Second reading [ ] 2009]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Plumbers and Drainers Licensing Amendment Act 2009.
This Act commences on the date fixed by the Administrator by Gazette notice.
This Act amends the Plumbers and Drainers Licensing Act.
4 Amendment of section 3 (Definitions)
(1) Section 3
omit
In this Act, unless the contrary intention appears –
substitute
In this Act:
(2) Section 3, definitions apprentice and inspector
omit
(3) Section 3
insert (in alphabetical order)
apprentice, see section 3(1) of the Northern Territory Employment and Training Act.
authorised officer, see section 4 of the Building Act.
plumbing licence area means all or a part of the Territory declared under section 17 as an area of land to which this Act applies.
prescribed Acts means the following:
(a) this Act;
(b) the Building Act;
(c) the Water Supply and Sewerage Services Act.
(4) Section 3, definition registration card
omit
Part IV
substitute
Part 4
5 Amendment of section 4 (Application)
Section 4(1)
omit, substitute
(1) This Act applies in relation to work carried out in a plumbing licence area.
6 Amendment of section 16 (Functions and powers of Board)
(1) Section 16(1)(g)
omit, substitute
(g) to request and receive reports relating to inspections carried out under any of the prescribed Acts in relation to offences against any of those Acts or the workmanship of licensed plumbers or drainers or journeymen; and
(2) Section 16(1)(a) to (f), at the end
insert
and
(3) Section 16(2)(e)
omit
or inspectorial
(4) Section 16(2)(a)(i), at the end
insert
or
(5) Section 16(2)(a) to (d), at the end
insert
and
After section 16
insert
17 Minister may declare plumbing licence area
(1) The Minister may, by Gazette notice, declare all or a part of the Territory as an area of land to which this Act applies.
(2) A declaration may refer to an area of land by describing the land or referring to a map or plan of the land.
(3) A declaration may provide that it takes effect on the date of the Gazette notice or a later date.
8 Amendment of section 24 (Deciding application for licence as advanced tradesman)
(1) Section 24(2)(b)(iii)
omit, substitute
(iii) put in place appropriate arrangements for carrying out the work properly and safely in compliance with the prescribed Acts; and
(2) Section 24(2)(b)(i), at the end
insert
and
9 Amendment of section 30 (Cancellation or suspension of registration card or licence)
(1) Section 30(2)(a)
omit, substitute
(a) has committed an offence against any of the prescribed Acts; or
(2) Section 30(2)(b) and (c), at the end
insert
or
10 Amendment of section 39 (Non-application of section 38)
(1) Section 39(1) and (2)
omit, substitute
(1) In this section:
approved cold water plumbing installation means a plumbing installation that:
(a) does not include an electrical heating element; and
(b) was installed by a person who, at the time of the installation, held a registration card or licence allowing the person lawfully to do so.
(2) Section 38 does not apply if:
(a) the owner (being the occupier) of land repairs or replaces on the land an existing fitting that forms part of an approved cold water installation; and
(b) the replacement fitting is of a standard or quality not less than the existing fitting; and
(c) the repair or replacement does not substantially change the function or location of the installation.
(2) Section 39(3)(a)
omit
water supply area or a water district
substitute
plumbing licence area
(3) Section 39(3)(b)(ii)
omit
system; or
substitute
system.
(4) Section 39(3)(c)
omit
(5) Section 39(4)
omit
11 Repeal and substitution of section 42
Section 42
repeal, substitute
(1) A person must not make a false or misleading statement to the Board about a matter before the Board.
Maximum penalty: $500.
(2) A person must not make a false or misleading statement to an authorised officer about a registration card or licence.
Maximum penalty: $500.
12 Amendment of section 43 (Insufficient supervision or control)
(1) Section 43
omit
An advanced tradesman shall not –-
substitute
For work carried out under this Act, an advanced tradesman must not:
(2) Section 43, penalty provision
omit
Penalty
substitute
Maximum penalty
13 Amendment of section 48 (Powers and duties of inspectors)
(1) Section 48, heading
omit
inspectors
substitute
authorised officer
(2) Section 48(1)
omit, substitute
(1) If an authorised officer reasonably believes an offence against this Act has been, is being or is about to be committed, the officer may enter any land for either or both of the following purposes:
(a) preparing a report about the offence for submission to the Board;
(b) taking other action under this Act or the Building Act as the officer considers appropriate.
(3) Section 48(2)
omit
shall, upon being required to do so by an inspector
substitute
must, if required to do so by an authorised officer
(4) Section 48(3)
omit
inspector, shall not –
substitute
authorised officer, must not:
(5) Section 48(3), penalty provision
omit
Penalty
substitute
Maximum penalty
After section 49
insert
Part 8 Declarations relevant to period before commencement of Plumbers and Drainers Licensing Amendment Act 2009
50 Declarations about application of Act and validity of matters on and after 1 January 2001 until commencement
(1) The purpose of this section is to remove any doubt about the following during the prescribed period:
(a) the application of the Act because of the repeal of the Water Supply and Sewerage Act and the commencement of the Water Supply and Sewerage Services Act 2000;
(b) the validity of the performance of a function or exercise of a power under the Act.
(2) During the prescribed period, it is declared that:
(a) the Act continued to apply in relation to work carried out in each relevant area despite the repeal of the Water Supply and Sewerage Act; and
(b) the performance of a function or exercise of a power under the Act was validly performed or exercised even if performed or exercised in relation to a relevant area.
(3) A person cannot be held criminally liable in relation to an act or omission during the prescribed period in relation to work in a relevant area only because of a declaration under this section.
(4) In this section:
exercise of a power includes the purported exercise of a power.
performance of a function includes the purported performance of a function.
prescribed period means the period starting on 1 January 2001 and ending on the day immediately before the commencement of this section.
relevant area means an area that, on 31 December 2000, was any of the following:
(a) a sewerage district or water district declared or deemed to have been declared under section 10 of the repealed Water Supply and Sewerage Act;
(b) a sewered area declared or deemed to be a sewered area under section 12 of that Act;
(c) a water supply area declared under section 13 of that Act.
the Act means this Act as in force from time to time during the prescribed period.
The Schedule has effect.
Schedule Further amendments of Plumbers and Drainers Licensing Act
section 15
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Part I, heading
|
whole heading
|
Part 1 Preliminary matters
|
Part II, heading
|
PART II
|
Part 2
|
section 6(a) and (b)
|
;
|
; and
|
section 7(1)
|
by notice in the Gazette
|
by Gazette notice
|
section 10(a)(i) and (ii) and (b)(ii)
|
;
|
; or
|
section 11(1)
|
by notice in the Gazette
|
by Gazette notice
|
Part IV, heading
|
PART IV
|
Part 4
|
section 22(1)(a)
|
;
|
; and
|
section 22A(2)(a) and (b)
|
;
|
; or
|
sections 23(1)(a) and 28(2)(a)
|
;
|
; and
|
section 28(4)
|
Penalty
|
Maximum penalty
|
sections 29(1A)(a) and 31(2)(a)
|
;
|
; and
|
section 33(1)(a) and (b)
|
;
|
; or
|
section 34(3)(a) and (b)
|
;
|
; and
|
Part IVA, heading
|
PART IVA
|
Part 5
|
section 37A(1)(a)
|
;
|
; or
|
Part V, heading
|
PART V
|
Part 6
|
section 38(3)(a)(iii)
|
;
|
; or
|
sections 38, 40(2), 41, 44(1) and (2), 45 and
46
|
Penalty
|
Maximum penalty
|
Part VI, heading
|
PART VI
|
Part 7
|
section 47(a)
|
;
|
; or
|
section 49(2)(a)
|
;
|
; and
|
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