Western Australian Current Acts

BUILDING SERVICES (REGISTRATION) ACT 2011

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used

   PART 2 -- Prohibitions in relation to unregistered persons

           Division 1 -- Use of titles and representations as to registration  

   4.      Restriction on use of titles
            
   5.      Claims as to registration
            
   6.      Advertising entitlement to carry out prescribed building service when not registered

           Division 2 -- Prohibitions in respect of carrying out prescribed building service  

   7.      Carrying out prescribed building service when not registered

           Division 3 -- Advertisements by building service contractors  

   8.      Advertisements by building service contractor

   PART 3 -- Registration of building service providers

           Division 1 -- Grant or renewal of registration  

   9.      Classes of building service practitioner and building service contractor
            
   10.     Effect of registration as building service practitioner
            
   11.     Effect of registration as building service contractor
            
   12.     Duration of registration
            
   13.     Application for registration or renewal
            
   14.     Further information
            
   15.     Timing of application for renewal
            
   16.     Application for registration by a person whose registration has been cancelled
            
   17.     Registration of building service practitioners
            
   18.     Registration of building service contractors
            
   19.     Notice of decision
            
   20.     Registration certificate

           Division 2 -- Nominated supervisors  

   21.     Nominated supervisor for building service contractor
            
   22.     Effect of not having nominated supervisor

           Division 3 -- Conditions on registration  

   23.     Conditions generally
            
   24.     Conditions imposed by Board
            
   25.     Compliance with conditions

           Division 4 -- Amendment, suspension or cancellation of registration  

   26.     When Board may amend, suspend or cancel registration
            
   27.     Suspension of registration: effect
            
   28.     Revocation of suspension

           Division 5 -- Register  

   29.     The register
            
   30.     Inspection of register
            
   31.     Board to provide register information

           Division 6 -- Offences in relation to registration  

   32.     Notification of change of address
            
   32A.    Notification of new directors
            
   33.     Notification of change in eligibility
            
   34.     Notification of financial difficulty
            
   35.     Notification of certain offences
            
   36.     Notification of disciplinary action
            
   37.     Return of registration certificate

   PART 4 -- Owner-builder approvals

           Division 1 -- Preliminary  

   38.     Terms used
            
   39.     Meaning of owner
            
   40.     When owner-builder approval may be applied for
            
   41.     Application by more than one person
            
   42.     Approval issued to more than one person

           Division 2 -- Grant of approval  

   43.     Application for owner-builder approval
            
   44.     Further information
            
   45.     Decision on application for approval
            
   46.     Duration of approval

           Division 3 -- Conditions on approval  

   47.     Conditions of owner-builder approval
            
   48.     Conditions imposed by Board
            
   49.     Compliance with conditions

           Division 4 -- Role of Board in respect of complaint about owner-builder  

   50.     Grounds for cancellation of approval
            
   51.     Board to decide what action to take in respect of complaint forwarded by Building Commission

   PART 5 -- Disciplinary matters -- registered building service providers

           Division 1 -- Preliminary  

   52.     Application of PART
            
   53.     Disciplinary matters
            
   54.     Relationship with other legislation

           Division 2 -- Interim disciplinary orders  

   55.     Interim disciplinary orders

           Division 3 -- Role of Board  

   56.     Board to decide what action to take in respect of complaint forwarded by Building Commissioner
            
   57.     Board may deal with certain complaints

           Division 4 -- Proceedings in State Administrative Tribunal  

   58.     Jurisdiction of State Administrative Tribunal
            
   59.     Disciplinary action against nominated supervisor or officer of building service contractor
            
   60.     Declaration of ineligible person
            
   61.     State Administrative Tribunal to provide information to Building Commissioner
            
   62.     Board may notify certain persons if registration suspended or cancelled
            
   63.     Other remedies not affected

   PART 5A -- Insolvency of building service contractors  

   63A.    Terms used
            
   63B.    Excluded contractors not to be registered
            
   63C.    Declaration of excluded contractors
            
   63D.    When individual or non-corporate body may be declared excluded contractor
            
   63E.    When corporation may be declared excluded contractor
            
   63F.    Procedure for declaring excluded contractor
            
   63G.    When declaration of excluded contractor takes effect

   PART 6 -- Review  

   64.     Review by State Administrative Tribunal of certain decisions

   PART 7 -- Building Services Board

           Division 1 -- Establishment  

   65.     Board established
            
   66.     Status
            
   67.     Membership of Board
            
   68.     Remuneration and allowances

           Division 2 -- Functions and powers  

   69.     Functions
            
   70.     Powers
            
   71.     Delegation by Board

           Division 3 -- Staff and services  

   72.     Staff and services

           Division 4 -- Relationship of Board with Minister  

   73.     Directions by Minister
            
   74.     Minister to have access to information

           Division 5 -- Constitution and proceedings of the Board

              Subdivision 1 -- General provisions  

   75.     Term of office
            
   76.     Casual vacancies
            
   77.     Deputy chairperson acting as chairperson
            
   78.     Alternate members
            
   79.     Holding meetings
            
   80.     Quorum
            
   81.     Presiding at meetings
            
   82.     Procedure at meetings
            
   83.     Voting
            
   84.     Inviting consultant to participate in meeting
            
   85.     Holding meetings remotely
            
   86.     Resolution without meeting
            
   87.     Minutes
            
   88.     Committees

              Subdivision 2 -- Disclosure of interests  

   89.     Disclosure of interest
            
   90.     Voting by interested Board member
            
   91.     Section 90 may be declared inapplicable
            
   92.     Quorum where section 90 applies
            
   93.     Minister may declare sections 90 and 92 inapplicable

           Division 6 -- General  

   94.     Information to be provided to Building Commissioner annually
            
   95.     Moneys to be credited to Building Services Account
            
   96.     Execution of documents by the Board

   PART 8 -- General provisions  

   97.     Liability of officers for offence by body corporate
            
   98.     Protection from liability
            
   99.     False or misleading information
            
   100.    Confidentiality of information
            
   101.    When a prosecution can be commenced
            
   102.    Prosecutions
            
   103.    Evidentiary matters
            
   104.    Regulations
            
   105.     Review of Act

   PART 9 -- Repeal, savings, transitional and other provisions

           Division 1 -- General  

   106.    Interpretation Act 1984 not affected

           Division 2 -- Repeal  

   107.    Builders’ Registration Act 1939 repealed
            
   108.    Painters’ Registration Act 1961 repealed
            
   109.    Builders’ Registration Regulations repealed
            
   110.    Painters’ Registration (Infringement Notices) Regulations 2006 repealed
            
   111.    Painters’ Registration Board Rules 1962 repealed
            
   112.    Local Government (Building Surveyors) Regulations 2008 repealed

           Division 3 -- Savings and transitional matters

              Subdivision 1 -- Builders  

   113.    Terms used
            
   114.    Registration continues
            
   115.    Existing applications for registration
            
   116.    Allegations of cause for disciplinary action made by former Board
            
   117.    Disciplinary action: persons registered under repealed Act
            
   118.    Devolution of assets and liabilities of former board
            
   119.    Members of former board
            
   120.    Staff of former board
            
   121.    Reporting in respect of former board
            
   122.    Completion of things commenced
            
   123.    Continuing effect of things done
            
   124.    Agreements and instruments generally

              Subdivision 2 -- Painters  

   125.    Terms used
            
   126.    Painting commenced before commencement day
            
   127.    Registration continues
            
   128.    Existing applications for registration
            
   129.    Allegations of cause for disciplinary action made by former board
            
   130.    Disciplinary action: persons registered under repealed Act
            
   131.    Devolution of assets and liabilities of former board
            
   132.    Members of former board
            
   133.    Staff of former board
            
   134.    Reporting in respect of former board
            
   135.    Completion of things commenced
            
   136.    Continuing effect of things done
            
   137.    Agreements and instruments generally

              Subdivision 3 -- Building Surveyors  

   138.    Terms used
            
   139.    Registration of certificate holders
            
   140.    Existing applications for certificate
            
   141.    Members of former committee
            
   142.    Records of former committee
            
   143.    Agreements and instruments generally

              Subdivision 4 -- General provisions  

   144.    Registration of documents
            
   145.    Exemption from State tax
            
   146.    Transitional regulations

   PART 10 -- Consequential amendments

           Division 1 -- Home Building Contracts Act 1991 amended  

   147.    Home Building Contracts Act 1991 amended
            
   148.    Section 3 amended
            
   149.    Section 25A amended
            
   150.    Section 25B amended
            
   151.    Section 25F amended
            
   152.    Section 25FA amended
            
   153.    Section 25G amended
            
   154.    Section 31B amended

           Division 2 -- Other Acts amended  

   155.    Constitution Acts Amendment Act 1899 amended
            
   156.    Local Government (Miscellaneous Provisions) Act 1960 amended
            
   374AAA. Local governments not to issue building licences in certain circumstances 94
            
   157.    Sentencing Act 1995 amended
            
   158.    State Administrative Tribunal Act 2004 amended
            
   159.    Travel Agents Act 1985 amended
           Defined terms