Australian Capital Territory
Plumbers, Drainers and Gasfitters Board Act 1982
A1982-74
Republication No 3 (RI)
Effective:  14 November 1994 – 22 September 1997
Republication date of printed version: 28 February 1995
Reissued electronically: 25 July 2017
Last amendment made by A1994-60

About this republication
The republished law
This is a republication of the Plumbers, Drainers and Gasfitters Board Act 1982 effective 14 November 1994 to 22 September 1997.  
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory

plumbers, drainers and gasfitters board act 1982
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 28 February 1995
TABLE OF PROVISIONS
Section
Part I—Preliminary
	1.	Short title
	2.	Commencement
	3.	Interpretation
Part II—The Plumbers, Drainers and
Gasfitters Board
	4.	Establishment of Board
	5.	Constitution of Board
	6.	Resignation
	7.	Chairperson
	8.	Deputy Chairperson
	9.	Deputies
	10.	Removal from office
	11.	Leave of absence
	12.	Remuneration and allowances
	13.	Vacancy in membership
	14.	Protection of members
	15.	Evidentiary provision
	16.	Disclosure of pecuniary interest
Part III—Meetings of Board
	17.	Meetings of Board
	18.	Presiding member
	19.	Quorum
	20.	Voting
	21.	Motions and resolutions
	22.	Records
Part IV—Qualifications and Licensing of
Plumbers, Drainers and Gasfitters
	23.	Register of Plumbers, Drainers and Gasfitters
	24.	Certificates of competency
	25.	Licences
	26.	Qualifications for issue of licences
	27.	Acceptable courses of study or training
	28.	Notice of refusal to issue certificate or licence
	29.	Duration of licence
	29A.	Renewal of licence
	30.	Change of address
	31.	Cancellation of certificate or licence
	32.	Suspension pending inquiry
	33.	Decision of Board to be notified
	34.	Surrender of cancelled certificate or licence
	35.	Voluntary surrender of licences
Part V—Inquiries by the Board
	36.	Inquiries
	37.	Inquiry to be in public
	38.	Power to summon witnesses
	39.	Failure to attend or produce documents
	40.	Refusal to be sworn or give evidence
	41.	Protection of representatives, witnesses etc.
	42.	Fees and expenses
	43.	Board may inspect books etc.
Part VI—Miscellaneous
	44.	Appeals
	45.	Refund of fees
	45A.	Power of Minister to determine fees
	46.	Regulations

Australian Capital Territory

plumbers, drainers and gasfitters board act 1982
An Act to provide for the establishment of the Plumbers, Drainers and Gasfitters Board, for the licensing of plumbers, drainers and gasfitters and for other related purposes
Part I—Preliminary
Short title
1.  This Act may be cited as the Plumbers, Drainers and Gasfitters Board Act 1982.1
Commencement
2.1  (1)  This section and section 1 shall come into operation on the day on which this Act is notified in the Gazette.
(2)  The remaining provisions of this Act shall come into operation on such date as is, or such dates as respectively are, fixed by the Minister for the Capital Territory by notice published in the Gazette.
Interpretation
3.  In this Act, unless the contrary intention appears—
“Board” means the Plumbers, Drainers and Gasfitters Board established by this Act;
“Chairperson” means the Chairperson of the Board;

“Deputy Chairperson” means the Deputy Chairperson of the Board;
“determined fee” means a fee determined by the Minister under section 45A for the purposes of the provision in which the expression occurs;
“member” means a member of the Board, and includes the Chairperson;
“Proper Authority” has the same meaning as in the Canberra Sewerage and Water Supply Regulations;
“Register” means the Register of Plumbers, Drainers and Gasfitters established under section 23.
Part II—The Plumbers, Drainers and Gasfitters Board
Establishment of Board
4.  (1)  For the purposes of this Act, there shall be a Board to be known as the Plumbers, Drainers and Gasfitters Board.
(2)  The Board—
	(a)	is a body corporate with perpetual succession;
	(b)	shall have a common seal; and
	(c)	may sue and be sued in its corporate name.
(3)  All courts, judges and persons acting judicially shall take judicial notice of the seal of the Board affixed to a document and shall presume that it was duly affixed.
Constitution of Board
5.  (1)  The Board shall consist of—
	(a)	a member nominated by the Proper Authority;
	(b)	a member nominated by the Master Plumbers and Sanitary Engineers Association of the A.C.T.;
	(c)	a member nominated by the Plumbers and Gasfitters Employees Union of Australia, A.C.T. Sub-Branch;
	(d)	a member nominated by the Institute of Technology;
	(e)	a member nominated by the Board of The Australian Gas Association;

	(f)	a public servant; and
	(g)	such other members, if any, as the Minister determines.
(2)  Each member of the Board—
	(a)	shall be appointed by the Minister;
	(b)	holds office for such period, not exceeding 3 years, as is specified in the instrument of his or her appointment; and
	(c)	is eligible for re-appointment.
Resignation
6.  A member may resign office by writing signed by the member and delivered to the Minister.
Chairperson
7.  (1)  The members shall, from time to time as occasion requires, elect 1 of their number to be the Chairperson.
(2)  The Chairperson holds office for a period of 12 months from the date of his or her election, unless he or she sooner ceases to be a member, and is eligible for re-election.
(3)  Where a Chairperson is elected in accordance with subsection (1), the Chairperson shall notify the Minister in writing of his or her election as Chairperson.
(4)  The Chairperson may resign the office of Chairperson by writing signed by him or her and delivered to the Minister.
Deputy Chairperson
8.  (1)  The members shall, from time to time, as occasion requires, elect 1 of their number to be the Deputy Chairperson.
(2)  The Deputy Chairperson holds office for a period of 12 months from the date of his or her election, unless he or she sooner ceases to be a member, and is eligible for re-election.
(3)  The Deputy Chairperson may resign the office of Deputy Chairperson by writing signed by him or her and delivered to the Chairperson.
(4)  Subject to this Act, the Deputy Chairperson has, and may exercise, all the powers and may perform all the functions of the Chairperson.
Deputies
9.  (1)  Where a member has been nominated for appointment as a member by a body referred to in paragraph 5 (1) (b), (c), (d) or (e), that body may, with the approval of the Minister, appoint a person to be the deputy of that member.
(2)  The Minister may appoint a person to be the deputy of a member referred to in paragraph 5 (1) (a), (f) or (g).
(3)  A deputy of a member is entitled, in the event of the absence of the member from a meeting of the Board, to attend that meeting and, when so attending, shall be deemed to be the member of whom he or she is the deputy.
(4)  A body which has appointed a person as the deputy of a member under subsection (1) may revoke that appointment, but the revocation is not effective until the body has given notice of it in writing delivered to the Minister.
(5)  The Minister may at any time revoke the appointment of a person as the deputy of a member under subsection (2).
Removal from office
10.  (1)  The Minister may at any time remove a member from office for misbehaviour or physical or mental incapacity.
(2)  The Minister shall remove a member from office if—
	(a)	the member becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
	(b)	the member is convicted in Australia of an offence punishable by imprisonment for 1 year or longer;
	(c)	the member is absent without leave granted under section 11 from 2 consecutive meetings of the Board; or
	(d)	the member was nominated for appointment as a member by the Proper Authority or a body referred to in paragraph 5 (1) (b), (c), (d) or (e) and the Proper Authority or that body, as the case may be, requests the Minister in writing to remove the member from office.
Leave of absence
11.  (1)  The Minister may grant leave of absence to the Chairperson upon such terms and conditions as the Minister determines.
(2)  The Chairperson may grant leave of absence to a member for such period, not exceeding 1 year, and subject to such terms and conditions, as the Chairperson determines.
Remuneration and allowances
12.  (1)  A member shall be paid such remuneration and allowances as are prescribed.
(2)  Subsection (1) does not apply in relation to—
	(a)	remuneration if there is a subsisting determination relating to the remuneration to be paid to a member; or
	(b)	an allowance of a particular kind if there is a subsisting determination relating to an allowance of that kind to be paid to a member.
(3)  In subsection (2), “determination” means a determination of the Remuneration Tribunal.
Vacancy in membership
13.  The performance of the functions, or the exercise of the powers, of the Board is not affected by reason only of there being a vacancy or vacancies in the membership of the Board.
Protection of members
14.  An action or proceeding, civil or criminal, does not lie against a member for or in respect of any act or thing done in good faith by the member in his or her capacity as a member.
Evidentiary provision
15.  For the purposes of this Act, a document that purports to be signed by the Chairperson or Deputy Chairperson shall be taken to be so signed unless the contrary is proved.
Disclosure of pecuniary interest
16.  (1)  A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Board.
(2)  A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Board and the member shall not, unless the Minister or the Board otherwise determines—
	(a)	be present during any deliberation of the Board with respect to that matter; or
	(b)	take part in any decision of the Board with respect to that matter.
(3)  For the purpose of the making of a determination by the Board under subsection (2) in relation to a member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not—
	(a)	be present during any deliberation of the Board for the purpose of making the determination; or
	(b)	take part in the making by the Board of the determination.
(4)  Where a member fails, without reasonable excuse, to comply with the requirements of this section, the Minister shall remove the member from office.
Part III—Meetings of Board
Meetings of Board
17.  (1)  The Board shall hold at least 4 meetings in every year and shall hold such additional meetings as are necessary for the performance of its functions.
(2)  The Chairperson may, at any time, by notice in writing to each of the other members, convene a meeting of the Board at the time and place specified in the notice.
(3)  The Minister may, by notice in writing to each member, direct that a meeting of the Board be held at the time and place specified in the notice.
(4)  Where, at any time—
	(a)	the Minister directs the Chairperson in writing to convene a meeting of the Board; or
	(b)	a majority of the members requests the Chairperson in writing to convene a meeting of the Board,
the Chairperson shall convene a meeting of the Board in accordance with the direction or request, as the case may be.
Presiding member
18.  (1)  The Chairperson shall preside at all meetings of the Board at which he or she is present.
(2)  In the absence of the Chairperson from any meeting, the Deputy Chairperson shall preside.
(3)  In the absence of the Chairperson and the Deputy Chairperson from any meeting, the members present and constituting a quorum shall elect 1 of their number to preside at that meeting.
Quorum
19.  At a meeting of the Board, a majority of the members of the Board shall constitute a quorum.
Voting
20.  (1)  Questions arising at a meeting of the Board shall be determined by a majority of the votes of the members present and voting.
(2)  The member presiding at a meeting of the Board has a deliberative vote and, in the event of equality of voting, a casting vote.
(3)  Voting at a meeting of the Board shall be by show of hands, or if a vote by ballot is called for by a member present at the meeting, by ballot.
Motions and resolutions
21.  (1)  A motion shall not be proposed at a meeting of the Board unless notice in writing of the motion has been given to the Chairperson at least 7 days before the date fixed for holding the meeting.
(2)  The Chairperson shall cause a motion of which notice has been given to him or her under subsection (1) to be included in the notice convening the meeting.
(3)  No resolution passed, or any act, matter or thing done or authorized to be done, by or at any meeting of the Board, shall be rescinded, amended, cancelled or revoked at any subsequent meeting unless a notice of the proposed rescission, amendment, cancellation or revocation has been given in the notice convening that subsequent meeting.
Records
22.  (1)  The Board shall keep records of its meetings and decisions.
(2)  Upon the signing of the record of any meeting of the Board by the member presiding at a subsequent meeting, that record shall be treated by the Board as binding and conclusive.
Part IV—Qualifications and Licensing of Plumbers, Drainers and Gasfitters
Register of Plumbers, Drainers and Gasfitters
23.  (1)  The Board shall establish and maintain a register called “The Register of Plumbers, Drainers and Gasfitters”.
(2)  Where the Board issues a certificate of competency or a licence to a person under this Act, the Board shall cause to be entered in the Register particulars of—
	(a)	the name and address of the person;
	(b)	the certificate of competency or the licence issued to the person and the date on which it was so issued; and
	(c)	such other matters, if any, as the Board thinks fit.
(3)  The Board may, from time to time, at the request of a person or of its own accord, make such alterations to particulars entered in the Register as are necessary.
(4)  A person may, upon payment of the determined fee, inspect, or obtain a copy of, an entry in the Register.
Certificates of competency
24.  (1)  The Board may, on application made to the Board in accordance with this section by a person who satisfies the Board that he or she has completed an acceptable course of study or training or holds an acceptable qualification, issue to the person a certificate of competency as—
	(a)	a sanitary plumber;
	(b)	a water supply plumber;
	(c)	an advanced sanitary drainer;
	(d)	an advanced gasfitter;
	(e)	a gasfitter;
	(f)	a liquefied petroleum gasfitter (Class A);
	(g)	a liquefied petroleum gasfitter (Class B); or
	(h)	a sprinkler fitter;
as the case requires.
(2)  An application to the Board under this section shall be in writing and shall be lodged with the Board together with the determined fee.
(3)  A certificate of competency issued under this section shall be signed by the Chairperson or, in his or her absence, by the Deputy Chairperson.
Licences
25.  (1)  Subject to this Act, the Board may, upon application made to the Board in accordance with this section, issue to the applicant—
	(a)	a sanitary plumber’s licence;
	(b)	a water supply plumber’s licence;
	(c)	a journeyman plumber’s licence;
	(d)	an advanced sanitary drainer’s licence;
	(e)	an operative drainer’s licence;
	(f)	an advanced gasfitter’s licence;
	(g)	a gasfitter’s licence;
	(h)	a journeyman gasfitter’s licence;
	(i)	a Class A liquefied petroleum gasfitter’s licence;
	(j)	a Class B liquefied petroleum gasfitter’s licence;
	(k)	a Class A restricted liquefied petroleum gasfitter’s licence;
	(l)	a Class B restricted liquefied petroleum gasfitter’s licence; or
	(m)	 a sprinkler fitter’s licence;
as the case requires.
(2)  An application for a licence under this section—
	(a)	shall be in writing;
	(b)	shall specify—
	(i)	the licence in respect of which the application is made; and
	(ii)	whether the application is in respect of a licence for a period of 1 year or for a period of 5 years; and
	(c)	shall be lodged with the Board together with the determined fee.
(3)  A licence issued under this section shall be signed by the Chairperson or, in his or her absence, by the Deputy Chairperson and shall specify the period for which it is to remain in force in accordance with section 29.
(4)  The Board may require an applicant to attend personally before the Board and furnish the Board with such documentary evidence as to the applicant’s qualifications and character as the Board thinks fit and, if the applicant fails to attend or to furnish documentary evidence as required, may refuse the application.
Qualifications for issue of licences
26.  (1)  The Board shall not issue a licence under section 25 unless the Board is satisfied that the applicant has attained the age of 18 years, is a fit and proper person to hold a licence and—
	(a)	in the case of an applicant for a sanitary plumber’s licence, a water supply plumber’s licence, an advanced sanitary drainer’s licence or a sprinkler fitter’s licence—
	(i)	that the applicant has a sufficient knowledge of the Canberra Sewerage and Water Supply Regulations; and
	(ii)	that the applicant holds a relevant certificate of competency issued by the Board under section 24 or has completed an acceptable course of study or training or holds an acceptable qualification;
	(b)	in the case of an applicant for a journeyman plumber’s licence or an operative drainer’s licence—
	(i)	that the applicant has a sufficient knowledge of the Canberra Sewerage and Water Supply Regulations; and
	(ii)	that the applicant has completed an acceptable course of study or training or holds an acceptable qualification;
	(c)	in the case of an applicant for an advanced gasfitter’s licence, a gasfitter’s licence, or a Class A or Class B liquefied petroleum gasfitter’s licence—that the applicant holds a relevant certificate of competency issued by the Board under section 24 or has completed an acceptable course of study or training or holds an acceptable qualification; or
	(d)	in the case of an applicant for a journeyman gasfitter’s licence or a Class A or Class B restricted liquefied petroleum gasfitter’s licence—that the applicant has completed an acceptable course of study or training or holds an acceptable qualification.
(2)  In this section, “relevant certificate of competency”, means—
	(a)	in relation to an applicant for a sanitary plumber’s licence—a certificate of competency as a sanitary plumber;
	(b)	in relation to an applicant for a water supply plumber’s licence—a certificate of competency as a water supply plumber;
	(c)	in relation to an applicant for an advanced sanitary drainer’s licence—a certificate of competency as an advanced sanitary drainer;
	(d)	in relation to an applicant for an advanced gasfitter’s licence—a certificate of competency as an advanced gasfitter;
	(e)	in relation to an applicant for a gasfitter’s licence—a certificate of competency as a gasfitter;
	(f)	in relation to an applicant for a Class A liquefied petroleum gasfitter’s licence—a certificate of competency as a liquefied petroleum gasfitter (Class A);
	(g)	in relation to an applicant for a Class B liquefied petroleum gasfitter’s licence—a certificate of competency as a liquefied petroleum gasfitter (Class B); and
	(h)	in relation to an applicant for a sprinkler fitter’s licence—a certificate of competency as a sprinkler fitter.
Acceptable courses of study or training
27.  (1)  The Minister may, on the recommendation of the Board, by notice published in the Gazette, declare a course of study or training or a qualification to be an acceptable course of study or training or an acceptable qualification for the purposes of subsection 24 (1) or paragraph 26 (1) (a), (b), (c) or (d).
(2)  The Board shall cause to be prepared, and brought up to date from time to time as occasion requires, a document containing particulars of the courses of study or training and the qualifications declared by the Minister to be acceptable for the purposes of subsection 24 (1) or paragraph 26 (1) (a), (b), (c) or (d) and shall cause copies of the document to be made available, on request, to members of the public.
Notice of refusal to issue certificate or licence
28.  (1)  Where the Board makes a decision refusing to issue a certificate of competency or a licence under this Act, the Board shall prepare and send by post to the applicant at his or her address last known to the Board notice of the decision.
(2)  A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
Duration of licence
29.  A licence, unless sooner cancelled or suspended, remains in force for the period of 1 year or 5 years (whichever period is specified in the licence) commencing on the date of issue, but may be renewed in accordance with section 29A.
Renewal of licence
29A.  The Board shall, on application being made and on payment of the determined fee, before the expiration of the term of a licence, renew the licence for a period of 1 year or 5 years commencing on the day immediately following the day on which, but for its renewal, the licence would have expired.
Change of address
30.  (1)  The holder of a licence issued under this Act shall, within 7 days after any change of his address—
	(a)	give to the Board notice in writing of the change; and
	(b)	lodge his or her licence with the Board.
Penalty:  $200.
(2)  Where notice of a change of address is given to the Board under subsection (1), the Board shall alter the address shown in the licence accordingly and return the licence as so altered to the holder.
Cancellation of certificate or licence
31.  (1)  Subject to this section, the Board may cancel a certificate of competency issued to a person under section 24 where the Board is satisfied that the certificate was obtained by fraud or misrepresentation.
(2)  Subject to this section, the Board may cancel, or suspend for such period as the Board thinks fit, a licence issued to a person under section 25 where—
	(a)	the licence was issued on the basis of a certificate of competency or a qualification that is cancelled or withdrawn by the authority that issued or granted the certificate of competency or qualification;
	(b)	the Board is satisfied that the licence was obtained by fraud or misrepresentation;
	(c)	the Board is satisfied that the person has been convicted of an offence under the Canberra Sewerage and Water Supply Regulations;
	(d)	the Board is satisfied that the person has engaged or employed another person for the performance of plumbing, draining or gasfitting work, and that other person is not, under a law of the Territory, entitled to perform that work; or
	(e)	the Board is satisfied that the person is not a fit and proper person to hold the licence.
(3)  The Board shall not cancel a certificate of competency under subsection (1), or cancel or suspend a licence under subsection (2) on a ground referred to in paragraph (2) (b), (c), (d) or (e), unless the Board has first held an inquiry.
Suspension pending inquiry
32.  (1)  Where the Board has caused a notice under section 36 in relation to an inquiry to be held by the Board to be sent to a person who is the holder of a licence issued under this Act, the Board may suspend the licence until the inquiry is completed.
(2)  Where the Board suspends a licence under subsection (1), the Board shall complete the inquiry as soon as practicable.
Decision of Board to be notified
33.  (1)  Where the Board makes a decision cancelling a certificate of competency under subsection 31 (1) or cancelling or suspending a licence under subsection 31 (2), the Board shall prepare and send by post to the person to whom the certificate or licence was issued at his or her address as last recorded in the Register notice of the decision.
(2)  A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
Surrender of cancelled certificate or licence
34.  (1)  Where the Board—
	(a)	cancels a certificate of competency; or
	(b)	cancels or suspends, other than under section 32, a licence,
issued to a person under this Act, the Board may, by notice in writing given to the person by post addressed to the person at his or her address as last recorded in the Register, require the person, within 1 month after receipt of the notice, to deliver his or her certificate of competency or licence, as the case may be, to the Board.
(2)  A person shall not refuse or fail to comply with a requirement of the Board under subsection (1).
Penalty:  $200.
(3)  It is a defence to a prosecution for an offence against subsection (1) that—
	(a)	the certificate of competency or licence has been destroyed; or
	(b)	after diligent search, the defendant has been unable to find the certificate of competency or licence.
Voluntary surrender of licences
35.  (1)  A person who holds a licence issued under this Act may at any time surrender the licence by notice in writing signed by the person and lodged with the Board together with the licence.
(2)  The surrender of a licence under this section takes effect on the date of the notice or on such later date as may be specified in the notice.
(3)  Where the Board receives a notice of surrender of a licence under this section the Board shall enter in the Register the surrender of the licence and the date on which the surrender takes effect and the licence shall thereupon be deemed to have been cancelled on that date.
Part V—Inquiries by the Board
Inquiries
36.  (1)  Where the Board is required to hold an inquiry in pursuance of section 31, the Board shall fix a time and place for the commencement of the inquiry.
(2)  The Board shall, not less than 14 days before the time fixed for the commencement of an inquiry, cause a notice in writing in accordance with subsection (3) to be sent by post to the person to whom the inquiry relates at his or her address as last recorded in the Register or as last known to the Board.
(3)  A notice under subsection (2) shall contain—
	(a)	particulars of the matter to be inquired into;
	(b)	particulars of the time and place fixed for the commencement of the inquiry;
	(c)	particulars of the date on or before which written submissions may be made to the Board in relation to the inquiry; and
	(d)	a statement notifying the person of his or her rights to appear before the Board in person, to be represented by a barrister and solicitor and to make representations to the Board.
(4)  The Board may adjourn an inquiry from time to time.
(5)  At an inquiry, the Board may take evidence on oath or affirmation and for that purpose the member presiding at the inquiry may administer an oath or affirmation.
(6)  The procedure at an inquiry is within the discretion of the Board.
(7)  At an inquiry, the person to whom the inquiry relates may be represented by a barrister and solicitor who may examine witnesses and address the Board on behalf of the person for whom he or she appears.
(8)  The Minister may appoint a barrister and solicitor to assist the Board at an inquiry and a barrister and solicitor so appointed may examine witnesses and address the Board.
(9)  In conducting an inquiry, the Board is not bound by rules of evidence but may inform itself in such manner as it thinks fit.
Inquiry to be in public
37.  (1)  Subject to this section, an inquiry shall be open to the public.
(2)  Where the Board is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the Board may direct that an inquiry or part of an inquiry shall take place in private and give directions as to the persons who may be present.
Power to summon witnesses
38.  (1)  The Chairperson may, by writing signed by him or her, summon a person to attend an inquiry at a time and place specified in the summons and then and there to give evidence and produce the books, documents or writings in the person’s custody or control specified in the summons, being books, documents or writings that are relevant to the matter the subject of the inquiry.
(2)  A summons under this section may be served on a person—
	(a)	personally;
	(b)	by sending it by post to the person at his or her place of abode or business last known to the Chairperson; or
	(c)	by leaving it at that place of abode or business with a person apparently living or employed at that place and apparently not less than 16 years of age.
Failure to attend or produce documents
39.  A person served with a summons to attend an inquiry before the Board shall not, without reasonable excuse, refuse or fail to attend at the inquiry or to produce the books, documents or writings specified in the summons.
Penalty:  $500.
Refusal to be sworn or give evidence
40.  (1)  A person appearing as a witness at an inquiry before the Board shall not refuse to be sworn or to make an affirmation or, except as provided by section 57 of the Evidence Ordinance 1971, to answer a question relevant to the inquiry put to the person by the member presiding at the inquiry.
Penalty:  $500.
(2)  A statement or disclosure made before the Board by a witness is not, except in proceedings for giving false testimony at an inquiry before the Board, admissible in evidence against the witness in civil or criminal proceedings in a court.
Protection of representatives, witnesses etc.
41.  (1)  A barrister and solicitor appearing before the Board has the same protection and immunity as a barrister and solicitor has in appearing for a party in proceedings in the Supreme Court.
(2)  A witness summoned to attend or appearing before the Board has the same protection as a witness in proceedings in the Supreme Court.
Fees and expenses
42.  (1)  A person who attends for the purpose of giving evidence before the Board is entitled to receive such fees and travelling expenses in accordance with the scale in the Second Schedule to the Public Works Committee Regulations, as in force from time to time under the Public Works Committee Act 1969 of the Commonwealth, as the Board determines.
(2)  Subject to subsection (3), fees and travelling expenses payable to a person in accordance with subsection (1) are payable—
	(a)	if the person attended before the Board, whether on summons or not, by reason of a request by a person other than the Board—by that person; or
	(b)	in any other case—by the Territory.
(3)  Where, in a case to which paragraph (2) (a) applies, it was, in the opinion of the Board, reasonable for the request by reason of which the person attended before the Board to have been made, the Board may order that the fees and expenses of the person shall be paid, in whole or in part, by the Territory.
(4)  Where the Board makes an order under subsection (3) for the payment of fees and expenses, the fees and expenses are payable by the Territory.
Board may inspect books etc.
43.  The Board may inspect books, documents or writings produced at an inquiry before the Board and may retain them for such reasonable period as it thinks fit and may make copies of such portions of them as are relevant to a matter before the Board.
Part VI—Miscellaneous
Appeals
44.  Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Board—
	(a)	under subsection 24 (1) to refuse to issue a certificate of competency;
	(b)	under subsection 25 (1) to refuse to issue a licence;
	(c)	under subsection 31 (1) to cancel a certificate of competency; or
	(d)	under subsection 31 (2) to cancel or suspend a licence.
Refund of fees
45.  Where the Board refuses an application made under this Act for the issue of a certificate of competency or for the issue of a licence, the Board shall cause to be refunded to the applicant the amount of the fee paid to the Board by the applicant in accordance with this Act on the lodging of the application.
Power of Minister to determine fees
45A.  The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.
Regulations
46.  The Executive may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

NOTE
1.	The Plumbers, Drainers and Gasfitters Board Act 1982 as shown in this reprint comprises Act No. 74, 1982 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Plumbers, Drainers and Gasfitters Board Ordinance 1982	74, 1982	17 Sept 1982	Ss. 1 and 2:  17 Sept 1982
Remainder:  20 Sept 1982 (see Gazette 1982, No. S197, p. 2)		
Plumbers, Drainers and Gasfitters Board (Amendment) Ordinance 1984	46, 1984	21 Aug 1984	22 Aug 1984	—	
Plumbers, Drainers and Gasfitters Board (Amendment) Ordinance 1988	13, 1988	23 Mar 1988	25 Mar 1988	—	
Electricity and Water (Consequential Amendments) Ordinance 1988	31, 1988	30 June 1988	1 July 1988	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)	—	
Remuneration (Miscellaneous Amendments) Ordinance 1989
	50, 1989	10 May 1989	10 May 1989	—	

Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Statute Law Revision (Miscellaneous Provisions) Act 1992	23, 1992	4 June 1992	4 June 1992	—	
Statute Law Revision (Miscellaneous Provisions) Act 1993	1, 1993	1 Mar 1993	1 Mar 1993	—	
Statute Law Revision Act 1994	26, 1994	31 May 1994	31 May 1994	—
	
Administrative Appeals (Consequential Amendments) Act 1994	60, 1994	11 Oct 1994	Ss. 1 and 2:  11 Oct 1994
Remainder:  14 Nov 1994 (see 
s. 2 (2) and Gazette 1994, No. S250)
	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3	am. No. 46, 1984; No. 31, 1988; No. 38, 1989; Act No. 1, 1993; No. 60, 1994
S. 5	am. No. 38, 1989; Act No. 1, 1993; No. 26, 1994
Ss. 6-11	am. Act No. 1, 1993
S. 12	rs. No. 50, 1989
Ss. 14, 15	am. Act No. 1, 1993
S. 16	am. Act No. 1, 1993; No. 26, 1994
Ss. 17, 18	am. Act No. 1, 1993
S. 21	am. Act No. 1, 1993
S. 23	am. No. 46, 1984
Ss. 24, 25	am. No. 46, 1984; No. 13, 1988; Act No. 1, 1993
S. 26	am. No. 13, 1988; Act No. 1, 1993
S. 28	am. No. 38, 1989; Act No. 1, 1993; No. 60, 1994
S. 29	am. No. 46, 1984
	rs. No. 13, 1988
S. 29A	ad. No. 13, 1988
S. 30	am. Act No. 1, 1993
S. 33	am. No. 38, 1989; Act No. 1, 1993; No. 60, 1994
Ss. 34, 35	am. Act No. 1, 1993
S. 36	am. No. 38, 1989; Act No. 1, 1993
S. 38	am. Act No. 1, 1993
S. 40	am. Act No. 1, 1993
S. 42	am. No. 38, 1989
S. 44	am. Act No. 60, 1994
S. 45	am. No. 46, 1984
S. 45A	ad. No. 46, 1984
S. 46	am. No. 38, 1989
S. 47	rep. Act No. 23, 1992

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