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TASMANIA
__________
BUILDING AMENDMENT BILL (No. 2) 2006
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 7 amended (General functions of Director)
6. Section 10 amended (Functions of Advisory Committee)
7. Part 4, Division 1 substituted
Division 1 - Accreditation scheme
19. Approval of scheme
20. Director to carry out functions in accordance with
scheme
8. Section 23 amended (Offences relating to accreditation)
9. Section 26 amended (Application for accreditation)
10. Section 27 amended (Certificate of accreditation)
11. Section 29 amended (Renewal of certificates)
12. Section 30 amended (Audit by Director)
13. Section 31 repealed
14. Section 32 amended (Complaints)
15. Section 33 amended (Notification to building practitioner)
16. Section 34 amended (Approved investigator)
17. Section 35 amended (Investigations)
[Bill 44]-I
18. Section 36 amended (Production of documents)
19. Section 37 amended (Powers of entry and inspection)
20. Section 38 amended (Warrant)
21. Section 39 amended (Offences)
22. Section 40 amended (Decision of Director)
23. Section 41 amended (Notice of decision by Director)
24. Section 42 amended (Appeals to Appeal Board)
25. Section 43 amended (Hearing by Appeal Board)
26. Section 44 amended (Decision of Appeal Board)
27. Section 45 amended (Notice of decision of Appeal Board)
28. Section 47 amended (Powers of Court on review)
29. Section 251 amended (Immunity from liability)
30. Savings and transitional provisions
Schedule 1 - Savings and Transitional Provisions
2
BUILDING AMENDMENT BILL (No. 2) 2006
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Building Act 2000
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Building
Amendment Act (No. 2) 2006.
2. Commencement
This Act commences on 1 November 2006 but,
if it does not receive the Royal Assent on or
before 1 November 2006, it is taken to have
commenced on that date.
3. Principal Act
In this Act, the Building Act 2000* is referred to
as the Principal Act.
*No. 100 of 2000
[Bill 44] 3
Building Amendment Bill (No. 2) 2006
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of "authorised
body";
(b) by omitting "section 19(2)(a)(i)" from
the definition of "scheme" and
substituting "section 19".
5. Section 7 amended (General functions of Director)
Section 7 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (h)
"authorised bodies,";
(b) by inserting the following paragraphs
after paragraph (h):
(ha) to carry out such other functions
as are imposed on the Director
under this Act;
(hb) to monitor compliance by
accredited building practitioners
with Part 4;
4
Building Amendment Bill (No. 2) 2006
Act No. of
s. 6
6. Section 10 amended (Functions of Advisory
Committee)
Section 10(1) of the Principal Act is amended by
inserting after paragraph (c) the following
paragraph:
(ca) to advise the Minister in relation to a
scheme;
7. Part 4, Division 1 substituted
Division 1 of Part 4 of the Principal Act is
repealed and the following Division is
substituted:
Division 1 - Accreditation scheme
19. Approval of scheme
(1) The Minister after consulting with the
Advisory Committee may, by notice
published in the Gazette, approve a
scheme for the accreditation of building
practitioners.
(2) A scheme may relate to any of the
following:
(a) the accreditation of building
practitioners in categories and
classes;
(b) the minimum qualifications,
experience or competence
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Building Amendment Bill (No. 2) 2006
Act No. of
s. 7
required for the categories and
classes;
(c) a code of conduct with which
accredited building practitioners
must comply;
(d) a process for dealing with
complaints relating to the conduct
of accredited building
practitioners;
(e) audits of accredited building
practitioners;
(f) the requirements for professional
development of accredited
building practitioners;
(g) any other matter determined by
the Minister.
20. Director to carry out functions in
accordance with scheme
The Director is to carry out his or her
functions under this Part in accordance
with the scheme.
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Building Amendment Bill (No. 2) 2006
Act No. of
s. 8
8. Section 23 amended (Offences relating to
accreditation)
Section 23(1) of the Principal Act is amended by
inserting "as specified in the scheme" after
"class".
9. Section 26 amended (Application for accreditation)
Section 26 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "an
authorised body" and substituting "the
Director";
(b) by inserting in subsection (1) "as
specified in the scheme" after "class";
(c) by omitting from subsection (2) "An
authorised body" and substituting "The
Director";
(d) by omitting from subsection (3) "An
authorised body" and substituting "The
Director";
(e) by omitting from subsection (4) "An
authorised body" and substituting "The
Director".
10. Section 27 amended (Certificate of accreditation)
Section 27 of the Principal Act is amended as
follows:
7
Building Amendment Bill (No. 2) 2006
Act No. of
s. 11
(a) by omitting from subsection (1) "Except
as provided in subsection (3), the
authorised body" and substituting "The
Director";
(b) by omitting subsections (2) and (3).
11. Section 29 amended (Renewal of certificates)
Section 29 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "an
authorised body" and substituting "the
Director";
(b) by omitting from subsection (3) "An
authorised body" and substituting "The
Director".
12. Section 30 amended (Audit by Director)
Section 30 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "An
authorised body" and substituting "The
Director";
(b) by omitting from subsection (1) "its" and
substituting "the";
(c) by omitting subsection (3) and
substituting the following subsection:
8
Building Amendment Bill (No. 2) 2006
Act No. of
s. 13
(3) If the Director is satisfied that an
audit indicates that an accredited
building practitioner is or may be
guilty of unsatisfactory
professional conduct or
professional misconduct, the
Director may deal with the matter
as if it were a complaint made by
a person other than the Director.
13. Section 31 repealed
Section 31 of the Principal Act is repealed.
14. Section 32 amended (Complaints)
Section 32 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "relevant
authorised body" and substituting
"Director";
(b) by omitting from subsection (1) "a"
second occurring and substituting "an
accredited";
(c) by omitting from subsection (1)
"accredited by that body";
(d) by omitting from subsection (3) "An
authorised body" and substituting "The
Director";
9
Building Amendment Bill (No. 2) 2006
Act No. of
s. 15
(e) by omitting from subsection (4) "An
authorised body" and substituting "The
Director".
15. Section 33 amended (Notification to building
practitioner)
Section 33(1) of the Principal Act is amended by
omitting "an authorised body" and substituting
"the Director".
16. Section 34 amended (Approved investigator)
Section 34 of the Principal Act is amended as
follows:
(a) by omitting "an authorised body" and
substituting "the Director";
(b) by omitting "it" and substituting "he or
she".
17. Section 35 amended (Investigations)
Section 35 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "An
authorised body" and substituting "The
Director";
10
Building Amendment Bill (No. 2) 2006
Act No. of
s. 18
(b) by omitting from subsection (2) "An
authorised body" and substituting "The
Director";
(c) by omitting from subsection (3) "an
authorised body" and substituting "the
Director";
(d) by omitting from subsection (3) "it" and
substituting "he or she";
(e) by omitting from subsection (4) "An
authorised body" and substituting "The
Director".
18. Section 36 amended (Production of documents)
Section 36 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "An
authorised body" and substituting "The
Director";
(b) by omitting from subsection (1) "to it";
(c) by omitting from subsection (5) "An
authorised body" and substituting "The
Director".
11
Building Amendment Bill (No. 2) 2006
Act No. of
s. 19
19. Section 37 amended (Powers of entry and
inspection)
Section 37 of the Principal Act is amended by
omitting "an authorised body" and substituting
"the Director".
20. Section 38 amended (Warrant)
Section 38 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "An
authorised body" and substituting "The
Director";
(b) by omitting from subsection (3)
"authorised body" and substituting
"Director";
(c) by omitting from subsection (5) "An
authorised body" and substituting "The
Director".
21. Section 39 amended (Offences)
Section 39(b) of the Principal Act is amended by
omitting "an authorised body" and substituting
"the Director".
12
Building Amendment Bill (No. 2) 2006
Act No. of
s. 22
22. Section 40 amended (Decision of Director)
Section 40 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "relevant
authorised body" and substituting
"Director";
(b) by omitting from subsection (2) "an
authorised body" and substituting "the
Director";
(c) by omitting from subsection (3) "an
authorised body" and substituting "the
Director";
(d) by omitting from subsection (3) "it" first
occurring and substituting "he or she";
(e) by omitting from subsection (3)(b) "it"
and substituting "he or she";
(f) by omitting from subsection (3)(c)
"authorised body" and substituting
"Director";
(g) by omitting from subsection (3)(d)
"authorised body" and substituting
"Director";
(h) by omitting from subsection (3)(e) "a
specified amount" and substituting "50
penalty units";
(i) by omitting from subsection (4) "an
authorised body" and substituting "the
Director";
13
Building Amendment Bill (No. 2) 2006
Act No. of
s. 23
(j) by omitting from subsection (4) "it" first
occurring and substituting "he or she";
(k) by omitting from subsection (4)(a) "it"
and substituting "he or she".
23. Section 41 amended (Notice of decision by Director)
Section 41(1) of the Principal Act is amended by
omitting "An authorised body" and substituting
"The Director".
24. Section 42 amended (Appeals to Appeal Board)
Section 42(1) of the Principal Act is amended by
omitting "an authorised body" and substituting
"the Director".
25. Section 43 amended (Hearing by Appeal Board)
Section 43(2) of the Principal Act is amended by
omitting "an authorised body" and substituting
"the Director".
26. Section 44 amended (Decision of Appeal Board)
Section 44 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"authorised body" and substituting
"Director";
14
Building Amendment Bill (No. 2) 2006
Act No. of
s. 27
(b) by omitting from subsection (1)(b) "an
authorised body" twice occurring and
substituting "the Director";
(c) by omitting from subsection (1)(b)
"authorised body" third occurring and
substituting "Director";
(d) by omitting from subsection (1)(c)
"authorised body" and substituting
"Director";
(e) by omitting from subsection (1)(c) "it"
and substituting "him or her";
(f) by omitting from subsection (2)
"authorised body" and substituting
"Director";
(g) by omitting subsection (3).
27. Section 45 amended (Notice of decision of Appeal
Board)
Section 45(1)(c) of the Principal Act is amended
by omitting "authorised body" and substituting
"Director".
28. Section 47 amended (Powers of Court on review)
Section 47 of the Principal Act is amended as
follows:
15
Building Amendment Bill (No. 2) 2006
Act No. of
s. 29
(a) by omitting from subsection (1)(a) "if the
Director has not specified an amount of a
fine under section 40(3)(e),";
(b) by omitting from subsection (2)
"authorised body" first occurring and
substituting "Director";
(c) by omitting from subsection (2) "any
authorised body" and substituting "the
Director".
29. Section 251 amended (Immunity from liability)
Section 251(4) of the Principal Act is amended
by omitting "An authorised body or" and
substituting "An".
30. Savings and transitional provisions
Schedule 1 has effect.
16
Building Amendment Bill (No. 2) 2006
Act No. of
sch. 1
SCHEDULE 1 - SAVINGS AND TRANSITIONAL
PROVISIONS
Section 30
1. Scheme
The scheme, in existence immediately before the
commencement of this Act, under which the
Tasmanian Compliance Corporation Pty Ltd
granted accreditation to building practitioners is
taken to have been approved by the Minister
under section 19 of the Principal Act as amended
by this Act as if -
(a) references in that scheme to the
Tasmanian Compliance Corporation Pty
Ltd were read as references to the
Director and references to the directors
of the Tasmanian Compliance
Corporation Pty Ltd were read as
references to the Director; and
(b) the provisions relating to financial
planning and corporate governance were
omitted.
2. Applications
An application under section 26 of the Principal
Act that was pending immediately before the
commencement of this Act is taken to be an
application made to the Director.
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Building Amendment Bill (No. 2) 2006
Act No. of
sch. 1
3. Certificates of accreditation
A certificate of accreditation issued by an
authorised body under section 27 of the Principal
Act and in force immediately before the
commencement of this Act is taken to be a
certificate of accreditation issued by the
Director.
4. Audits
An audit under Division 3 of Part 4 of the
Principal Act carried out, or being carried out, by
or for an authorised body before the
commencement of this Act is taken to be an
audit carried out, or being carried out, by or for
the Director.
5. Complaints
A complaint made under section 32 of the
Principal Act to the relevant authorised body that
has not been finally dealt with immediately
before the commencement of this Act is taken to
be a complaint made to the Director.
6. Investigations
An investigation under Division 5 of Part 4 of
the Principal Act conducted or being conducted
by or for an authorised body before the
commencement of this Act is taken to be an
18
Building Amendment Bill (No. 2) 2006
Act No. of
sch. 1
investigation conducted, or being conducted, by
or for the Director.
7. Decisions in relation to complaints
A decision made by an authorised body under
section 40(2) of the Principal Act before the
commencement of this Act is taken to be a
decision made by the Director.
8. Cautions, reprimands, &c.
A caution, reprimand, accreditation condition or
direction issued or imposed by an authorised
body under the Principal Act and in force
immediately before the commencement of this
Act is taken to have been imposed or issued by
the Director.
9. Appeals
An appeal to the Appeal Board under section 42
of the Principal Act against any decision or
action of an authorised body and not finally
determined by the Appeal Board before the
commencement of this Act is taken to be an
appeal against a decision or action of the
Director.
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Building Amendment Bill (No. 2) 2006
Act No. of
sch. 1
10. Acts, &c., done by or for authorised body
Any act, matter or thing done by or for an
authorised body before the commencement of
this Act in its capacity as an authorised body
under the Principal Act is taken to be an act,
matter or thing done by or for the Director.
11. Regulations
(1) The Governor may make regulations of a
savings or transitional nature consequent on the
enactment of this Act.
(2) Regulations made under subclause (1) may take
effect on the day on which this Act commences
or on a later day as specified in the regulations,
whether the day so specified is before, on or
after the day on which the regulations are made.
20 Government Printer, Tasmania