Australian Capital Territory
Construction Occupations (Licensing) Act 2004    
A2004-12
Republication No 19
Effective:  17 December 2009 – 3 March 2010
Republication date: 17 December 2009
Last amendment made by A2009-49

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Construction Occupations (Licensing) Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 December 2009.  It also includes any amendment, repeal or expiry affecting the republished law to 17 December 2009.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
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.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Construction Occupations (Licensing) Act 2004

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against Act—application of Criminal Code etc	3
Part 2	Important concepts
	6	What is a construction practitioner?	4
	7	What is a construction occupation?	4
	7A	Who is an asbestos assessor?	5
	7B	What is an asbestos removalist?	5
	8	What is a builder?	5
	9	What is a building surveyor?	6
	10	What is a drainer?	6
	11	What is an electrician?	6
	12	What is a gasfitter?	7
	13	What is a plumber?	7
	14	What is a plumbing plan certifier?	7
	15	Classes of construction occupations	8
	16	What is an operational Act?	8
Part 3	Construction practitioners licences
Division 3.1	General
	17	Licence applications	9
	18	Eligibility for licence	10
	19	Decision on licence application	10
	20	Multiple occupations, classes and authorisation	11
	21	Licence conditions	11
	22	Endorsements on licences	12
	23	Form of licence	12
	24	Term of licence	12
	25	Licence renewal	13
	26	Voluntary licence cancellation	13
Division 3.2	Nominees
	27	Meaning of mandatory requirement for div 3.2	14
	28	Nominees of corporations and partnerships	14
	29	Resignation of nominee	15
	30	Revocation of nominee’s appointment	16
	31	Role of nominees	16
	32	Legislation Act and nominee appointments	17
Part 4	Rectification orders and other obligations on licensees
	33	Meaning of authorised action and authorised licensee in pt 4	18
	33A	Rectification orders—exercise of registrar’s powers	18
	34	Intention to make rectification order	19
	35	When rectification order may be made	19
	36	Considerations for deciding under s 34 and s 35	21
	37	Rectification order inappropriate	22
	38	Rectification orders	23
	39	Emergency rectification order	24
	40	Rectification order offence	25
	41	Failure to comply with order	25
	42	Action on emergency rectification order	26
	43	Hindering or obstructing authorised licensee	27
	44	Damage etc by authorised licensee to be minimised	27
	45	Compensation	27
	46	Protection of authorised licensees from liability	28
	47	Licensee to give evidence of insurance	28
Part 5	Automatic licence suspension and occupational discipline
Division 5.1	Automatic licence suspension
	48	Automatic suspension of individual licence	30
	49	Automatic suspension of corporate licence	30
	50	Automatic suspension of partnership licence	31
	51	Automatic suspension of building surveyors licence	31
	52	Automatic suspension of plumbing plan certifiers licence	31
	53	End of automatic licence suspension	32
Division 5.2	Occupational discipline—licensees
	54	Meaning of licensee—div 5.2	32
	55	Grounds for occupational discipline	33
	56	Application to ACAT for occupational discipline	34
	57	Considerations before making occupational discipline orders	35
	58	Occupational discipline orders—licensees	36
	59	Interim licence suspension	36
	60	Effect of interim suspension	37
	61	Revocation of interim suspension	37
	62	Builders licence affected by occupational discipline or other action	37
	63	Effect of non-renewal on suspended licence	38
	64	Requirement to return surrendered licence	39
Part 6	Enforcement
	75	Meaning of compliance auditor for pt 6	40
	76	Compliance auditors	40
	77	Role of compliance auditor	40
	78	Identity cards	40
	79	Functions not to be exercised before identity card shown	41
	80	Functions of compliance auditors	41
Part 7	Offences
	81	Pretending to be licensed	43
	82	No nominee	43
	83	Advertising without details	44
	84	Certain entities not to provide construction services	46
	85	Allowing unlicensed people to provide construction service	48
	86	Surrender of licences	49
	87	Breach of licence conditions or codes	50
	88	Notification of cancellation of insurance	51
Part 8	Demerit points system
	89	Definitions—pt 8	52
	90	Meaning of previous 3 years for pt 8	53
	91	Recording demerit points	53
	92	When demerit points are incurred	54
	93	Deleting demerit points	54
	94	Warning notices	54
	95	Consequences of incurring demerit points—licensees	55
	96	Consequences of incurring demerit points—applicant for issue or renewal of licence	56
	97	Licence suspension	57
	98	Licence disqualification	57
	99	Demerit points incurred but not taken into account for notice of licence suspension etc	58
	100	Issue of licence suspension notice etc	59
	101	Keeping demerit points register	59
	102	Security and disclosure of information in demerit points register	60
Part 9	Administration
	103	Construction occupations registrar	61
	104	Registrar’s functions	61
	105	Delegation by registrar	62
	106	Deputy registrars	62
	107	The register	63
	108	Recording rectification orders	63
	109	Recording contravention of rectification orders	64
	110	Recording interim licence suspension	64
	111	Removal of information from register	65
	112	Annual report by registrar	65
	113	Evidentiary certificates	65
Part 10	Advisory boards
	114	Establishment of advisory boards	67
	115	Constitution of advisory board	67
	116	Advisory board functions	68
Part 11	Complaints
	117	Who may complain?	69
	118	Form of complaint	69
	119	Withdrawal of complaints	70
	120	Further information about complaint etc	70
	121	Investigation of complaint	71
	122	No further action	71
	123	Action after investigating complaint	71
Part 11A	Notification and review of decisions
	123A	Meaning of reviewable decision—pt 11A	74
	123B	Reviewable decision notices	74
	123C	Review of reviewable decisions	74
Part 12	Miscellaneous
	125	Protection of registrar, advisory boards etc	75
	126	AS 3500 and Legislation Act, s 47	75
	127	Determination of fees	75
	128	Approved forms	75
	129	Regulation-making power	76
	131	Review of Act	76
Part 14	Transitional—Construction Occupations Legislation Amendment Act 2006
	154	Transitional—conduct engaged in before 1/9/04	77
Dictionary		79
Endnotes
	1	About the endnotes	83
	2	Abbreviation key	83
	3	Legislation history	84
	4	Amendment history	86
	5	Earlier republications	94

Australian Capital Territory
Construction Occupations (Licensing) Act 2004

An Act to regulate construction occupations, and for other purposes

    

 

Part 1	Preliminary
1	Name of Act
This Act is the Construction Occupations (Licensing) Act 2004.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘building work—see the Building Act 2004, section 6.’ means that the term ‘building work’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Important concepts
6	What is a construction practitioner?
	(1)	A construction practitioner is an entity that provides, has provided or proposes to provide a construction service.
	(2)	A construction service is the doing or supervision of work in a construction occupation.
Note	Supervise—see dict.
	(3)	For this Act, the regulations may—
	(a)	prescribe work as work in a construction occupation; and
	(b)	exclude work from a construction occupation.
7	What is a construction occupation?
Each of the following is a construction occupation:
	(a)	asbestos assessor;
	(b)	asbestos removalist;
	(c)	builder;
	(d)	building surveyor;
	(e)	drainer;
	(f)	electrician;
	(g)	gasfitter;
	(h)	plumber;
	(i)	plumbing plan certifier.
7A	Who is an asbestos assessor?
	(1)	An asbestos assessor is an individual who provides, has provided or proposes to provide an asbestos assessment service.
	(2)	An asbestos assessment service is the doing or supervising of all or any of the following work for this Act, the Building Act 2004, the Civil Law (Sale of Residential Property) Act 2003, the Dangerous Substances Act 2004 or the Residential Tenancies Act 1997:
	(a)	air monitoring for asbestos;
	(b)	identifying the location, type and condition of asbestos in buildings, including by taking samples;
	(c)	assessing the risk resulting from the identified asbestos;
	(d)	advising on how the asbestos should be managed;
	(e)	reporting about the work mentioned in paragraphs (a) to (c).
7B	What is an asbestos removalist?
	(1)	An asbestos removalist is an entity that provides, has provided or proposes to provide an asbestos removal service.
	(2)	An asbestos removal service is the doing or supervising of building work that involves all or any of the following:
	(a)	handling (including disturbing) asbestos in buildings;
	(b)	removing and disposing of asbestos from buildings.
8	What is a builder?
	(1)	A builder is an entity that provides, has provided or proposes to provide a building service.
	(2)	A building service is the doing or supervising of building work, other than building work that involves handling asbestos or disturbing friable asbestos.
Note	Building work—see the Building Act 2004, section 6.
	(3)	In this section:
disturbs friable asbestos—see the Building Act 2004, section 10B.
friable asbestos—see the Building Act 2004, dictionary.
9	What is a building surveyor?
	(1)	A building surveyor is an entity that provides, has provided or proposes to provide a building certification service.
	(2)	A building certification service is the doing of building certification work.
	(3)	In this section:
building certification work means anything a building certifier may or must do under the Building Act 2004.
Note	The Building Act 2004 requires a building surveyor to be appointed as a certifier before doing building certification work.  It also restricts the building certification work certain building surveyors may do depending on their occupation class.
10	What is a drainer?
	(1)	A drainer is an entity that provides, has provided or proposes to provide a sanitary drainage service.
	(2)	A sanitary drainage service is the doing or supervision of sanitary drainage work.
	(3)	In this section:
sanitary drainage work—see Water and Sewerage Act 2000, dictionary.
11	What is an electrician?
	(1)	An electrician is an entity that provides, has provided or proposes to provide electrical wiring services.
	(2)	An electrical wiring service is the doing or supervision of electrical wiring work.
	(3)	In this section:
electrical wiring work—see the Electricity Safety Act 1971, dictionary.
12	What is a gasfitter?
	(1)	A gasfitter is an entity that provides, has provided or proposes to provide a gasfitting service.
	(2)	A gasfitting service is the doing or supervision of gasfitting work.
	(3)	In this section:
gasfitting work—see the Gas Safety Act 2000, dictionary.
13	What is a plumber?
	(1)	A plumber is an entity that provides, has provided or proposes to provide a plumbing service.
	(2)	A plumbing service is the doing or supervision of—
	(a)	sanitary plumbing work; or
	(b)	water supply plumbing work.
	(3)	In this section:
sanitary plumbing work—see Water and Sewerage Act 2000, dictionary.
water supply plumbing work—see Water and Sewerage Act 2000, dictionary.
14	What is a plumbing plan certifier?
	(1)	A plumbing plan certifier is an entity that provides a plumbing plan certification service.
	(2)	A plumbing plan certification service is the doing of plumbing plan certification work.
	(3)	In this section:
plumbing plan certification work means anything a certifier appointed under the Water and Sewerage Act 2000 may or must do under that Act.
15	Classes of construction occupations
The regulations may divide a construction occupation into classes.
16	What is an operational Act?
Each of the following is an operational Act:
·	Building Act 2004
·	Dangerous Substances Act 2004
·	Electricity Safety Act 1971
·	Gas Safety Act 2000
·	Utilities Act 2000
·	Water and Sewerage Act 2000.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

Part 3	Construction practitioners licences
Note about application of the Mutual Recognition Act 1992 (Cwlth) and the 
Trans-Tasman Mutual Recognition Act 1997 (Cwlth) 
These Commonwealth Acts allow people licensed in certain occupations in a local jurisdiction to carry on the occupations in another local jurisdiction and provide an alternate way of applying for licences in the ACT or another local jurisdiction.  Because of the Self-Government Act, s 28, the requirements for licences under this Act cannot validly require anything of people being licensed under the Commonwealth Acts that would be inconsistent with those Acts.  Accordingly, provisions of this Act, such as the requirements for applications, do not apply to the licensing of people under the Commonwealth Acts.  Also, the Commonwealth Acts set out when conditions may be placed on people licensed under those Acts.  For more information, see the Commonwealth Acts.
Division 3.1	General
17	Licence applications
	(1)	An individual, corporation or partnership may apply to the registrar to be licensed in a construction occupation or, for a construction occupation that is divided into classes, in an occupation class.
Note 1	If a form is approved under s 128 for an application, the form must be used.
Note 2	A fee may be determined under s 127 for this section.
Note 3	An entity’s entitlement to apply for a licence may be affected by a disqualification (see s 98 (3)).
	(2)	However, a corporation or partnership may apply under subsection (1) in relation to a construction occupation or occupation class only if the regulations allow a corporation or partnership to be licensed in the occupation or class.
	(3)	The regulations may prescribe the requirements for applications.
	(4)	If this Act or the regulations prescribe requirements for applications, the registrar need not consider an application that does not comply with the requirements.
18	Eligibility for licence
	(1)	The regulations may prescribe when an entity is eligible, or not eligible, to be licensed in a construction occupation or occupation class, including the qualifications the entity must have to be eligible to be licensed in the occupation or class.
	(2)	The regulations may prescribe how an applicant may, or must, demonstrate that the applicant satisfies a requirement in relation to an application.
Examples
1	by requiring the applicant to hold a qualification
2	by requiring the applicant to pass a practical or written test
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
19	Decision on licence application
	(1)	If an entity applies for a licence for a construction occupation or occupation class, the registrar must issue, or refuse to issue, the licence.
	(2)	However, the registrar may issue a licence other than the licence applied for if—
	(a)	the applicant is not eligible for the licence applied for; and
	(b)	the applicant is eligible for the other licence; and
	(c)	the licence issued is in the same construction occupation as, but a different occupation class from, the licence applied for; and
	(d)	the applicant agrees to the issue of the licence.
	(3)	The registrar must refuse to issue a licence for a construction occupation or occupation class to an applicant if—
	(a)	the registrar is not satisfied that the applicant is eligible to be licensed in the occupation or class; or
	(b)	the applicant is disqualified from holding a licence under section 98 (Licence disqualification).
	(4)	If an application for occupational discipline in relation to an applicant or nominee of an applicant has been made by the registrar under division 5.2 (Occupational discipline—licensees), the registrar need not decide whether to licence the applicant until the application has been dealt with by the ACAT, and any appeal or review arising from the occupational discipline, is finished.
20	Multiple occupations, classes and authorisation
	(1)	A licence may authorise the licensee to provide construction services in 1 or more construction occupations and 1 or more occupation classes.
	(2)	A licence authorises the licensee to provide construction services in each construction occupation or occupation class to which it relates, subject to any condition, and in accordance with any endorsement, on the licence.
21	Licence conditions
	(1)	The regulations may prescribe—
	(a)	conditions on licences; and
	(b)	when conditions on licences (whether imposed under the regulations or by the registrar) take effect.
	(2)	The registrar may amend a licence by putting a condition on the licence, or by amending or cancelling a condition the registrar has put on the licence, at any time by written notice given to the licensee, unless the regulations provide otherwise.
	(3)	The registrar may amend a licence by putting a condition on the licence, or amending the licence, only if satisfied that it is necessary or desirable to protect the public.
22	Endorsements on licences
	(1)	The registrar may, in accordance with the regulations, endorse a licence.
	(2)	An endorsement authorises the licensee to provide a stated kind of construction service that the licensee would not otherwise be allowed to provide under the licence.
23	Form of licence
	(1)	A licence must be signed by the registrar and contain the following details in relation to the licensee:
	(a)	the licensee’s full name;
	(b)	each construction occupation, and occupation class (if any), in which the licensee is licensed;
	(c)	a unique identifying number (the licence number) for each construction occupation and occupation class in which the licensee is licensed.
Note	A licence may be endorsed under s 22.
	(2)	The regulations may require or allow other information to be included on a licence.
24	Term of licence
The regulations may prescribe the maximum period for which a licence is issued or renewed.
25	Licence renewal
	(1)	A licensee may apply to the registrar for renewal of the licence before the licence term ends.
	(2)	The registrar must renew a licence on application if satisfied that the applicant would be eligible to be licensed if the application were for a new licence of the same kind.
	(3)	The renewal of a licence begins on the day after the licence being renewed ends.
	(4)	A suspended licence may be renewed, but the renewed licence is suspended until the suspension ends.
26	Voluntary licence cancellation
The registrar must cancel a licensee’s licence if—
	(a)	the licensee asks, in writing, for the cancellation; and
	(b)	the licensee gives the licence to the registrar or satisfies the registrar that the licence has been lost, stolen or destroyed; and
	(c)	the registrar is satisfied that—
	(i)	the licensee cannot exercise his or her functions because of mental or physical incapacity; or
	(ii)	another licensee is to take over the licensee’s functions in relation to construction services that have not been completely provided; or
	(iii)	it is otherwise appropriate to approve the cancellation.
Division 3.2	Nominees
27	Meaning of mandatory requirement for div 3.2
In this division:
mandatory requirement of the nominee means a written requirement by the nominee that the corporation or partnership do something, or not do something, in compliance with, or to achieve compliance with, this Act or an operational Act.
28	Nominees of corporations and partnerships
	(1)	A corporation or partnership is eligible to be licensed only if it complies with subsection (2) or (3).
	(2)	The corporation or partnership complies with this subsection if—
	(a)	it has a single nominee appointed by it; and
	(b)	the nominee is responsible for the supervision of the construction services provided by it.
	(3)	The corporation or partnership complies with this subsection if—
	(a)	it has 2 or more nominees appointed by it; and
	(b)	each nominee is responsible for the supervision of particular construction services provided by it; and
	(c)	there is a written record of the construction services each nominee is responsible for supervising; and
	(d)	between them, the nominees are responsible for the adequate supervision of all the construction services to be provided by the corporation or partnership.
	(4)	A corporation or partnership may, in writing, appoint an eligible individual to be a nominee.
	(5)	If the nominee is to be responsible for the adequate supervision of only some of the construction services to be provided by the corporation or partnership, the appointment must state the services for which the nominee is responsible.
	(6)	For subsection (4), an individual is an eligible individual if the individual—
	(a)	is eligible under the regulations to be appointed as a nominee; and
	(b)	is licensed in the construction occupation and occupation class (if any) appropriate for each of the construction services for which the individual is to be responsible; and
	(c)	agrees in writing to the appointment.
	(7)	A nominee of a corporation or partnership automatically stops being a nominee if the nominee—
	(a)	ceases to be eligible under the regulations to be appointed as a nominee; or
	(b)	ceases to be licensed in a construction or occupation class (if any) appropriate for any of the construction services for which the nominee is responsible.
29	Resignation of nominee
	(1)	A nominee of a corporation or partnership may resign his or her appointment only with the registrar’s approval.
	(2)	The registrar may approve the resignation of the nominee only if satisfied that—
	(a)	the corporation or partnership has refused to comply with a mandatory requirement of the nominee; or
	(b)	the nominee cannot exercise his or her functions because of mental or physical incapacity; or
	(c)	the nominee, or entity that appointed the nominee, has arranged for another nominee to take over the nominee’s functions; or
	(d)	it is otherwise appropriate to approve the resignation.
30	Revocation of nominee’s appointment
	(1)	A corporation or partnership may revoke a nominee’s appointment only with the registrar’s approval.
	(2)	The registrar may approve the revocation of the nominee’s appointment only if satisfied that—
	(a)	the nominee cannot exercise his or her functions because of mental or physical incapacity; or
	(b)	the nominee, or entity that appointed the nominee, has arranged for another nominee to take over the nominee’s functions; or
	(c)	it is otherwise appropriate to approve the resignation.
31	Role of nominees
	(1)	A nominee of a licensed corporation or partnership has the following functions:
	(a)	to supervise the construction services of the corporation or partnership for which the nominee is responsible (the relevant construction service);
	(b)	to ensure that the relevant construction services comply with this Act and the operational Acts.
	(2)	The nominee commits an offence if the nominee fails to—
	(a)	adequately supervise the relevant construction services; or
	(b)	ensure that the relevant construction services comply with this Act and the operational Acts.
Maximum penalty: 50 penalty units.
	(3)	Subsection (2) does not apply to a failure of a nominee of a corporation or partnership (the nominee’s firm) if—
	(a)	the nominee had given the nominee’s firm a mandatory requirement in relation to the matter that made up the failure; and
	(b)	the nominee had given the registrar a copy of the mandatory requirement; and
	(c)	the failure would not have happened if the mandatory requirement had been complied with.
	(4)	The licensed corporation or partnership commits an offence if the nominee fails to—
	(a)	adequately supervise the relevant construction services; or
	(b)	ensure that the relevant construction services comply with this Act and the operational Acts.
Maximum penalty: 50 penalty units.
	(5)	An offence against this section is a strict liability offence.
32	Legislation Act and nominee appointments
The Legislation Act, part 19.3 (Appointments) does not apply to the appointment of a nominee of a corporation or partnership.

Part 4	Rectification orders and other obligations on licensees
    
33	Meaning of authorised action and authorised licensee in pt 4
In this part:
authorised action, for an authorised licensee, means what the licensee is authorised to do under section 41 (Failure to comply with order) or section 42 (Action on emergency rectification order).
authorised licensee means a licensee authorised under section 41 or section 42.
33A	Rectification orders—exercise of registrar’s powers
To remove any doubt, the registrar is not prevented from having a belief on reasonable grounds, or being satisfied, about a matter mentioned in this part in relation to a construction service only because the registrar, the planning and land authority, a certifier or another entity has—
	(a)	given a certificate, or approval under—
	(i)	this Act or an operational Act in relation to the construction service; or
	(ii)	the Planning and Development Act 2007 in relation to the place where, or the territory lease under which, the construction service was provided; or
	(b)	otherwise endorsed the construction service under this Act, an operational Act or the Planning and Development Act 2007.
34	Intention to make rectification order
	(1)	This section applies if the registrar believes on reasonable grounds that—
	(a)	a licensee or former licensee (the entity) has provided a construction service otherwise than in accordance with this Act or an operational Act; and
	(b)	it may be appropriate to make a rectification order.
Examples of licensee or former licensee
1	a licensed builder does building work
2	a drainer who was licensed, does sanitary drainage work while unlicensed
3	a licensed gasfitter does gasfitting work and then becomes unlicensed
Note 1	If deciding under this section whether it may be appropriate to make a rectification order, the registrar must consider the considerations mentioned in s 36.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The registrar may give the entity, and the land owner in relation to whose land the construction service was provided, a written notice that—
	(a)	gives details of the rectification order that may be made; and
	(b)	explains why the registrar intends to make the order; and
	(c)	invites submissions about the making of the order within the time stated in the notice that is not less than 5 working days after the day the entity or land owner receives the notice.
35	When rectification order may be made
	(1)	This section applies if—
	(a)	the registrar has given an entity notice under section 34; and
	(b)	the entity provided the construction service, or part of the construction service, to which the notice relates; and
	(c)	after considering any submissions made within the time mentioned in the notice, the registrar is satisfied—
	(i)	the entity is contravening, or has contravened, this Act or an operational Act; and
	(ii)	it is appropriate to make a rectification order in relation to the entity.
Note 1	If deciding under this section whether it is appropriate to make a rectification order, the registrar must consider the considerations mentioned in s 36.
Note 2	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(2)	The registrar may make an order under section 38 (Rectification orders) in relation to the entity.
	(3)	However, the registrar may not make an order under section 38 in relation to the entity if a submission is made that satisfies the registrar that the act that caused the contravention happened, or ended, more than 10 years before the day the registrar proposes to make the order.
Example of contravention
A builder built a house without a building approval.  The registrar is satisfied that the building of the house started 12 years ago and finished 9 years ago.  The registrar may make a rectification order in relation to the construction service of building the house.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
36	Considerations for deciding under s 34 and s 35
	(1)	In deciding whether it is, or may be, appropriate to make a rectification order in relation to an entity that is contravening, or has or may have contravened, this Act, the registrar must consider the following:
	(a)	any injury, loss or damage caused, or that could have been caused, by the contravention;
	(b)	if a rectification order is proposed—how the proposed order may affect people affected by the contravention.
Examples of effect of contravention, including injury, loss and damage
1	reduction in safety, reliability, durability, soundness, functionality, accessibility, serviceability, service life, usability, usefulness, amenity, aesthetic quality, value or efficiency of thing affected by contravention
2	adverse affect on health of user of thing affected by contravention
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The registrar may consider anything else that is relevant.
	(3)	However, the registrar need not consider whether the registrar, planning and land authority, a certifier or other entity has—
	(a)	given a certificate, or approval under—
	(i)	this Act or an operational Act in relation to the construction service; or
	(ii)	the Planning and Development Act 2007 in relation to the place where, or the territory lease under which, the construction service was provided; or
	(b)	otherwise endorsed the construction service under this Act, an operational Act or the Planning and Development Act 2007.
37	Rectification order inappropriate
	(1)	This section applies if the registrar—
	(a)	has given an entity (other than the land owner) notice under section 34 (Intention to make rectification order); and
	(b)	after considering any submissions made within the time mentioned in the notice, is satisfied that the entity is contravening or has contravened this Act or an operational Act; and
	(c)	is not satisfied that—
	(i)	it is appropriate to make a rectification order in relation to the entity, because of the relationship between the entity and the land owner; and
	(ii)	the act that caused the contravention happened, or ended, more than 10 years before the day the Territory proposes to authorise someone under this section.
	(2)	The Territory may, in writing, authorise a licensee to enter the land where the work to which the notice under section 34 related was to be done and—
	(a)	take the action stated in the notice; or
	(b)	start or finish the work stated in the notice.
	(3)	The authorised licensee must—
	(a)	give the owner of the land written notice that the licensee intends to enter the land at least 24 hours before the licensee enters the land; and
	(b)	give a copy of the notice to the entity before entering the land.
	(4)	However, the Territory must not authorise someone until—
	(a)	if the entity applied for review of the decision to authorise a licensee under this section within the period for review (the review period) of the decision allowed under the ACT Civil and Administrative Tribunal Act 2008—the review is finally disposed of; or
	(b)	the review period has ended.
	(5)	The entity is liable for the reasonable cost incurred in doing anything under subsection (2) and the cost is taken to be a debt owing to the Territory.
38	Rectification orders
	(1)	The registrar may make an order (a rectification order) in relation to an entity requiring the entity—
	(a)	to take stated action to rectify work done as part of a construction service; or
	(b)	to demolish a building or part of a building where a construction service has been provided and provide the construction service under this Act or an operational Act; or
	(c)	to start or finish stated work in relation to which a construction service has been, is being or was proposed to be provided.
	(2)	If the entity is not licensed to do something required to be done under the order, the entity must arrange, and pay for, the thing to be done.
	(3)	The rectification order must state a period within which what is required to be done must be done.
	(4)	The stated period for a rectification order other than an emergency rectification order must not be less than 1 month after the day the rectification order is given to the entity.
Note	Details of the rectification order must be included in the register (see s 108).
	(5)	A copy of the rectification order must be given to the land owner.
39	Emergency rectification order
	(1)	The registrar may make a rectification order (an emergency rectification order) under section 38 in relation to a licensee or former licensee (the entity), without giving the entity notice under section 34, if the registrar is satisfied that—
	(a)	the entity has provided a construction service other than in accordance with this Act or an operational Act; and
	(b)	it is appropriate to make a rectification order; and
	(c)	it is not appropriate to give notice under section 34 of the registrar’s intention to make a rectification order because the need to act promptly to protect the health or safety of people, public or private property or the environment, outweighs the importance of giving the notice before making an order.
	(2)	A rectification order that is an emergency rectification order must also include the following:
	(a)	a statement explaining that the order is an emergency rectification order;
	(b)	a statement explaining that, if the thing ordered to be done is not done within the period (the completion period) stated in the order—
	(i)	the Territory may authorise a licensee to enter the land where the thing is to be done to do the thing ordered; and
	(ii)	neither the Territory nor the authorised licensee need give the land owner or entity against whom the order is made further notice of the authorised licensee doing the thing on the land; and
	(iii)	the entity against which the order has been made will be liable for the reasonable cost incurred in doing the thing ordered.
	(3)	The completion period must not be less than 24 hours.
40	Rectification order offence
	(1)	A person commits an offence if the person intentionally fails to comply with a rectification order given to the person.
Maximum penalty:  200 penalty units.
	(2)	Each partner commits an offence if—
	(a)	the partnership is given a rectification order; and
	(b)	the partners, or some of them, intentionally fail to comply with the rectification order.
Maximum penalty:  200 penalty units.
	(3)	It is a defence to a prosecution for an offence against subsection (2) if the partner proves—
	(a)	that—
	(i)	the partner did not know about the failure to comply; and

	(ii)	reasonable precautions were taken and appropriate diligence was exercised to avoid the contravention; or
	(b)	that the partner was not in a position to influence the other partners in relation to the failure to comply.
41	Failure to comply with order
	(1)	This section applies if an entity (the ordered entity) in relation to whom a rectification order is made contravenes the rectification order.
	(2)	The Territory may, in writing, authorise a licensee to enter the land where the work to which the rectification order relates is to be done and—
	(a)	take the action stated in the rectification order; or
	(b)	start or finish the work stated in the rectification order.
	(3)	The authorised licensee must—
	(a)	give the owner of the land written notice that the licensee intends to enter the land at least 24 hours before the licensee enters the land; and
	(b)	give a copy of the notice to the ordered entity before entering the land.
	(4)	However, the Territory must not authorise someone until—
	(a)	if the ordered entity applied for review of the decision within the period for review (the review period) of the decision to make the rectification order allowed under the ACT Civil and Administrative Tribunal Act 2008—the review is finally disposed of; or 
	(b)	the review period has ended.
	(5)	The ordered entity is liable for the reasonable cost incurred in doing anything under subsection (2) and the cost is taken to be a debt owing to the Territory.
42	Action on emergency rectification order
	(1)	This section applies if—
	(a)	the registrar has made an emergency rectification order; and
	(b)	the emergency rectification order includes the information mentioned in section 39 (2); and
	(c)	the ordered entity has contravened the order.
	(2)	The Territory may, in writing, authorise a licensee to enter the land where the work to which the rectification order is to be done and—
	(a)	take the action stated in the rectification order; or
	(b)	start or finish the work stated in the rectification order.
	(3)	The ordered entity is liable for the reasonable cost incurred in doing anything under subsection (2) and the cost is taken to be a debt owing to the Territory.
43	Hindering or obstructing authorised licensee
	(1)	An entity commits an offence if—
	(a)	the entity knows someone is an authorised licensee; and
	(b)	the entity hinders or obstructs the authorised licensee in the exercise of an authorised action.
Maximum penalty:  50 penalty units.
	(2)	Strict liability applies to subsection (1) (b).
44	Damage etc by authorised licensee to be minimised
	(1)	In the exercise of an authorised action, an authorised licensee must take reasonable steps to ensure that the licensee, and anyone helping the licensee, causes as little inconvenience, detriment and damage as is practicable.
	(2)	If an authorised licensee, or a person assisting an authorised licensee, damages anything in the exercise or purported exercise of a function under this part, the authorised licensee must give written notice of the particulars of the damage to the person the authorised licensee believes on reasonable grounds is the owner of the thing.
	(3)	If the damage occurs on premises entered under this part in the absence of the occupier, the notice may be given by securing it in a conspicuous place on the premises.
45	Compensation
	(1)	A person may claim reasonable compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised licensee or person assisting an authorised licensee.
	(2)	Compensation may be claimed and ordered in a proceeding for—
	(a)	compensation brought in a court of competent jurisdiction; or
	(b)	an offence against this Act brought against the person making the claim for compensation.
	(3)	A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.
	(4)	The regulations may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.
46	Protection of authorised licensees from liability
	(1)	An authorised licensee does not incur civil liability for an authorised action done honestly for this Act.
	(2)	A civil liability that would, apart from this section, attach to the authorised licensee attaches instead to the Territory.
	(3)	This section does not prevent an application for occupational discipline being made in relation to an authorised licensee in relation to an authorised action done by the licensee.
47	Licensee to give evidence of insurance
	(1)	Before providing a construction service to a person (the client), a licensee must give the client evidence of what insurance the licensee holds in relation to the service the licensee is to provide.
	(2)	The licensee may ask the client to sign an acknowledgment that the client has been told about the licensee’s insurance.
	(3)	The acknowledgment must state the time and date it was given.
Note	If a form is approved under s 128 for an acknowledgment, the form must be used.
	(4)	If the client signs the acknowledgment, the licensee must immediately give the client a copy of it.
	(5)	The registrar may assume that the client was not told about the insurance the licensee holds if—
	(a)	a question arises whether the client was told about the licensee’s insurance; and
	(b)	an acknowledgment under this section is not produced; and
	(c)	it is not proved that the licensee told the client about the insurance.
	(6)	The licensee is taken to have given evidence of what insurance the licensee holds before providing a construction service to a person if the licensee advertised the insurance held at the time of providing the services in a way likely to come to the attention of the client.
Example of advertising insurance held
1	Including details of insurance in the telephone directory, if the details are correct at the time the service is provided.
2	Having details of insurance on the vehicle used to provide the service or transport to the location to provide the service, if the details are correct at the time the service is provided.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(7)	In this section:
evidence of insurance includes a fidelity certificate.
fidelity certificate—see the Building Act 2004, section 84.

Part 5	Automatic licence suspension and occupational discipline
Division 5.1	Automatic licence suspension
48	Automatic suspension of individual licence
	(1)	This section applies to an individual who is licensed.
	(2)	The individual’s licence is automatically suspended if the individual—
	(a)	provides, or proposes to provide, a construction service for a fee; and
	(b)	becomes bankrupt or personally insolvent.
	(3)	However, if the individual is a nominee or employee of a licensed entity the licence is not suspended.
Note	The regulations impose a condition on the individual’s licence.
49	Automatic suspension of corporate licence
	(1)	This section applies to a corporation that is licensed.
	(2)	The corporation’s licence is automatically suspended if the licensee—
	(a)	enters into a winding-up; or
	(b)	is found guilty, whether in the ACT or anywhere else, of an offence that—
	(i)	involves fraud, dishonesty or violence; and
	(ii)	is punishable by imprisonment for at least 1 year.
50	Automatic suspension of partnership licence
	(1)	This section applies to a partnership that is licensed in a construction occupation or occupation class.
	(2)	The partnership’s licence in the construction occupation or occupation class is automatically suspended if—
	(a)	a partner’s licence in the same occupation or class is suspended or cancelled; or
	(b)	a partner who is not a licensee is found guilty, whether in the ACT or anywhere else, of an offence that—
	(i)	involves fraud, dishonesty or violence; and
	(ii)	is punishable by imprisonment for at least 1 year.
51	Automatic suspension of building surveyors licence
	(1)	This section applies if an entity that is a licensed building surveyor stops being eligible to be a building surveyor because the entity is not insured in accordance with the regulations.
	(2)	The entity’s building surveyors licence is automatically suspended when the insurance cover stops.
52	Automatic suspension of plumbing plan certifiers licence
	(1)	This section applies if an entity that is a licensed plumbing plan certifier stops being eligible to be a plumbing plan certifier because the entity is not insured in accordance with the regulations.
	(2)	The entity’s plumbing plan certifiers licence is automatically suspended when the insurance cover stops.
53	End of automatic licence suspension
	(1)	This section applies if the licence of a construction practitioner has been automatically suspended under 1 or more of the following sections:
·	section 48 (Automatic suspension of individual licence);
·	section 49 (Automatic suspension of corporate licence);
·	section 50 (Automatic suspension of partnership licence);
·	section 51 (Automatic suspension of building surveyors licence);
·	section 52 (Automatic suspension of plumbing plan certifiers licence).
	(2)	The registrar must revoke the suspension if satisfied that the cause of the suspension no longer exists.
	(3)	The registrar may revoke the suspension if satisfied that the circumstance that caused the suspension will not put consumers of the construction practitioner’s construction services at a greater risk from using the services than if the thing had not happened.
	(4)	A revocation must be in writing given to the licensee.
	(5)	The suspension ends 3 months after the day it begins, unless otherwise revoked.
Note	The suspension on a licence may be held over to a new licence if the suspended licence expires without being renewed (see s 63).
Division 5.2	Occupational discipline—licensees 
54	Meaning of licensee—div 5.2
In this division:
licensee means a licensee or a former licensee.
55	Grounds for occupational discipline
	(1)	Each of the following is a ground for occupational discipline in relation to a licensee:
	(a)	the licensee, or a nominee or employee of the licensee, contravened, or is contravening, this Act or an operational Act (including a direction given to the licensee under an operational Act);
	(b)	the licensee, knowingly or recklessly, gave someone information in relation to a construction service provided, or to be provided, by the licensee that was false or misleading in a material particular;
	(c)	the licensee or a director, partner or nominee of the licensee, has been found guilty, whether in the Territory or anywhere else, of an offence that—
	(i)	involves fraud, dishonesty or violence; and
	(ii)	is punishable by imprisonment for at least 1 year;
	(d)	if the licensee is an individual—the licensee executes a personal insolvency agreement;
	(e)	if the licensee is a corporation—
	(i)	the licensee enters into a scheme of arrangement; or
	(ii)	a receiver, manager, receiver and manager or administrator is appointed over the licensee or any of its assets;
	(f)	if the licensee is a corporation or partnership—the licensee has, or had, no nominee;
	(g)	the licensee’s licence has been automatically suspended under division 5.1 (Automatic licence suspension) and the cause of the suspension still exists.
	(2)	In subsection (1) (a), a reference to a contravention of this Act or an operational Act includes a reference to the following:
	(a)	a contravention of the Criminal Code, part 2.4 (Extensions of criminal responsibility) in relation to an offence against this Act or an operational Act or otherwise in relation to this Act or an operational Act;
	(b)	a contravention of the Criminal Code in relation to a document given, or required to be given, under this Act or an operational Act;
	(c)	a contravention of the Criminal Code in relation to anything done, or not done, under this Act or an operational Act.
	(3)	A ground for occupational discipline applies to a former licensee if the ground applied to the former licensee while licensed. 
	(4)	A regulation may prescribe a short description of a ground for occupational discipline under subsection (1) (a).
56	Application to ACAT for occupational discipline
	(1)	If the registrar believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the registrar may—
	(a)	apply to the ACAT for an occupational discipline order in relation to the licensee; or
	(b)	take the following disciplinary action:
	(i)	reprimand the licensee;
	(ii)	require the licensee, or, if the licensee is a corporation or partnership, a nominee of the licensee, to complete a stated course of training to the satisfaction of the registrar or another stated person;
	(iii)	impose a condition on the licence, or amend an existing condition.
	(2)	If a regulation prescribes a short description of a ground for occupational discipline under section 55 (1) (a), the registrar may use the short description in the application.
57	Considerations before making occupational discipline orders
	(1)	This section applies if the ACAT is considering an application for an occupational discipline order in relation to a licensee.
	(2)	Without limiting the matters the ACAT must consider in relation to a licensee, the ACAT must consider the following:
	(a)	the degree of responsibility of the licensee for the act or omission that made up the ground for occupational discipline;
	(b)	the number of people detrimentally affected by the doing of something, or not doing something, that made up the ground for occupational discipline;
	(c)	the extent to which it is necessary to discourage the licensee and others from doing something, or not doing something, that made up the ground for occupational discipline;
	(d)	whether, and the extent to which, it is necessary to protect the public from the licensee;
	(e)	the desirability of making the licensee responsible for the consequences of the licensee’s acts or omissions;
	(f)	the desirability of maintaining public confidence in the regulatory system set up by this Act;
	(g)	the licensee’s regard, or disregard, for public safety and protection of the environment when doing something, or not doing something, that made up the ground for occupational discipline.
Note	The ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out other considerations that must be taken into account by the ACAT.
58	Occupational discipline orders—licensees 
	(1)	This section applies if the ACAT may make an occupational discipline order in relation to a licensee.
Note	The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.
	(2)	In addition to any other occupational discipline order the ACAT may make, the ACAT may, if the licensee is licensed in more than 1 occupation class—
	(a)	cancel or suspend a single occupational class or each of the occupational classes; or
	(b)	direct the registrar to place a condition on or remove or amend a condition of a single occupational class or each of the occupational classes.
Note	The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make.
59	Interim licence suspension
	(1)	This section applies if the registrar has applied to the ACAT for occupational discipline in relation to a licensee.
	(2)	The registrar may, by written notice given to the licensee, suspend (an interim suspension) a licensee’s licence.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(3)	However, the registrar may only suspend the licence under subsection (2) if the registrar—
	(a)	has taken into account the ground for occupational discipline; and
	(b)	believes on reasonable grounds that it is in the public interest to suspend the licence before the ACAT makes an occupational discipline order.
	(4)	An interim suspension may be for 2 weeks or less, but may be extended once for 1 week if the registrar is satisfied that it is in the public interest to extend the suspension.
Note	An interim suspension must be recorded on the register (see s 110).
60	Effect of interim suspension
	(1)	This section applies if the registrar suspends a licence under section 59.
	(2)	The licence is suspended as soon as the licensee receives the notice of suspension.
	(3)	The suspension ends when the earlier of the following happens:
	(a)	the licensee receives a notice of revocation under section 61;
	(b)	the ACAT makes an occupational discipline order in relation to the licensee.
61	Revocation of interim suspension
	(1)	This section applies if the registrar suspends a licence under section 59 (Interim licence suspension).
	(2)	The registrar may, at any time before the ACAT makes an occupational discipline order, revoke the suspension by written notice given to the licensee.
	(3)	If the registrar revokes the suspension of a licensee licensed as a builder, the registrar must notify in writing each entity notified of the suspension under section 62.
62	Builders licence affected by occupational discipline or other action
	(1)	This section applies if a licensee has a builders licence and 1 of the following applies:
	(a)	the registrar becomes aware that the licence has been automatically suspended under division 5.1; 
	(b)	the registrar suspends the licence under section 59 (Interim licence suspension);
	(c)	a defined occupational discipline order is made in relation to the licensee.
	(2)	The registrar must notify each building certifier in writing about the action taken in relation to the licence as soon as practicable.
	(3)	The registrar must notify each building certifier in writing if—
	(a)	the registrar notified the building certifiers about the action; and
	(b)	the action, or the decision to take the action, is reversed, stayed, varied or set aside.
	(4)	In this section:
defined occupational discipline order means an occupational discipline order of a kind mentioned in—
	(a)	section 58 (2) (a); or
	(b)	the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (e), (f) or (g).
63	Effect of non-renewal on suspended licence
	(1)	This section applies if—
	(a)	a licence (the original licence) for a construction occupation or occupation class has been suspended for a period; and
	(b)	the original licence expires before the end of the suspension period without being renewed; and
	(c)	the licensee is issued with a licence (the new licence) in the same construction occupation or occupation class within 3 years after the day the original licence expired.
	(2)	The new licence is suspended for the remainder of the suspension period.
64	Requirement to return surrendered licence
	(1)	This section applies if a person surrenders the person’s licence because the licence is suspended.
Note	It is an offence not to surrender a licence that has been suspended or cancelled (see s 86).
	(2)	The registrar must return the licence to the person not later than the last day of the suspension.
	(3)	If the licence is varied during the suspension, the licence as varied must be returned.
	(4)	However, the registrar need not return the licence if the licence expires, or is cancelled, during the suspension.

Part 6	Enforcement
    
75	Meaning of compliance auditor for pt 6
In this part:
compliance auditor means a compliance auditor appointed under section 76.
76	Compliance auditors
	(1)	The registrar may appoint a public servant to be a compliance auditor for this Act.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)	An appointment must not be for longer than 5 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
77	Role of compliance auditor
	(1)	A compliance auditor is responsible for auditing the forms and other paperwork required to be provided by licensees for this Act and the operational Acts.
	(2)	A compliance auditor has any other function given to the compliance auditor by the registrar.
78	Identity cards
	(1)	The registrar must give a compliance auditor an identity card stating the person’s name and that the person is a compliance auditor.
	(2)	The identity card must show—
	(a)	a recent photograph of the person; and
	(b)	the card’s date of issue and expiry; and
	(c)	anything else prescribed by regulation.
	(3)	A person commits an offence if—
	(a)	the person ceases to be a compliance auditor; and
	(b)	the person does not return the person’s identity card to the registrar as soon as practicable (but within 7 days) after the day the person ceases to be a compliance auditor.
Maximum penalty:  1 penalty unit.
	(4)	An offence against this section is a strict liability offence.
79	Functions not to be exercised before identity card shown
A compliance auditor may exercise a function under this Act in relation to a person only if the compliance auditor first shows the person his or her identity card.
80	Functions of compliance auditors
	(1)	A compliance auditor may, during ordinary business hours and with any assistance that is necessary and reasonable, enter premises (other than residential premises) used by a licensed construction practitioner.
	(2)	The compliance auditor is not authorised to remain on the premises if, on request by or on behalf of the occupier or person apparently in charge of the premises, the compliance auditor does not produce his or her identity card.
	(3)	The compliance auditor may do 1 or more of the following in relation to the premises:
	(a)	inspect any document on the premises that relates to the licensee’s activities;
	(b)	take an extract from or make a copy of any document that relates to the licensee’s activities;
	(c)	require anyone on the premises to give the compliance auditor information about a document that relates to the licensee’s activities;
	(d)	require a person apparently in charge of the premises—
	(i)	to produce a document that relates to the licensee’s activities; or
	(ii)	to give the compliance auditor access to a computer on the premises in which information relevant to the licensee’s activities is stored; or
	(iii)	to print information mentioned in subparagraph (ii).
Examples of documents
plan, map, book, drawing
Note 1	The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	The occupier or person in charge of the premises must give the compliance auditor all reasonable facilities and assistance the compliance auditor needs for the effective exercise of his or her functions under this section.
Note	The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

Part 7	Offences
    
81	Pretending to be licensed
	(1)	A person commits an offence if the person—
	(a)	is not licensed in a construction occupation or occupation class; and
	(b)	pretends to be licensed in the occupation or class.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
82	No nominee
	(1)	A corporation commits an offence if the corporation—
	(a)	advertises or otherwise offers to provide a service in a construction occupation or occupation class; and
	(b)	does not have a nominee who has a licence that authorises the nominee to provide the service.
Maximum penalty:  50 penalty units.
	(2)	Each partner in a partnership commits an offence if the partnership—
	(a)	advertises or otherwise offers to provide a service in a construction occupation; and
	(b)	does not have a nominee who has a licence that authorises the nominee to provide the service.
Maximum penalty:  50 penalty units.
	(3)	It is a defence to a prosecution for an offence against subsection (2), if the partner proves that—
	(a)	the partner did not know about the contravention of the subsection involved in the offence; and
	(b)	either—
	(i)	the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or
	(ii)	the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.
	(4)	An offence against this section is a strict liability offence.
83	Advertising without details
	(1)	A person commits an offence if the person—
	(a)	advertises that the person provides, or will provide, a service in a construction occupation or occupation class; and
	(b)	does not include the following in the advertisement:
	(i)	the person’s name as recorded on the person’s licence; 
	(ii)	the person’s licence number;
	(iii)	if the person is a corporation—the person’s ACN (if any).
Maximum penalty:  5 penalty units.
Examples of advertising required to include details
1	providing a prospective client with a letter, business card, sample contract, brochure and items such as caps, shirts and mugs, each with the construction service company name printed on it
2	vehicle signage or clothing such as a T-shirt, with a construction occupation or class stated on it eg ‘Jo Jones licensed plumber’ 
3	a radio advertisement describing the features of a display home open for inspection and including a musical jingle mentioning ‘ACME Homes’, advertising to the public that ACME Homes provides construction services
4	a sign erected outside a building construction site states only ‘ACME Constructions’, advertising to the public that ACME Constructions provides construction services at the site
5	an entry in a published directory that lists an entity by name, address, telephone number, construction occupation or class, for example ‘ACME Plumbing, plumbers and drainers’
Examples that are not advertising or are not required to include details
1	a builder talking to a prospective client about the services the builder can provide to the particular client
2	ACME Homes advertises in the newspaper stating that a particular display home is for sale, but the advertising, states that ACME Homes is the owner, builder and seller of the house, not that it offers building services generally
3	a sign erected outside a building construction site states only ‘ACME’, which does not advertise that ACME is providing construction services at the site
4	an entry in a published directory that lists an entity alphabetically by name and includes the entity’s address and telephone number, even if the name of the entity implies that the entity can provide the service, for example, ‘ACME Plumbing, 1 Smith St, City, 55577777’
5	ACME Home Services advertises offering to arrange the provision of electrical services, but the advertisement includes the following statements: ‘ACME Homes Services does not provide electrical wiring services, independent contractors provide those services’
Note	An example is part of the Act is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	Each partner in a partnership commits an offence if the partnership—
	(a)	advertises that the partnership provides, or will provide, a service in a construction occupation or occupation class; and
	(b)	does not include the following in the advertisement:
	(i)	the partnership’s name as recorded on the partnership’s licence;
	(ii)	the partnership’s licence number.
Maximum penalty:  5 penalty units.
Example of advertising required to include details
The examples in subsection (1) apply to this subsection.
Examples that are not advertising or are not required to include details 
The examples in subsection (1) apply to this subsection. 
	(3)	It is a defence to a prosecution for an offence against subsection (2), if the partner proves that—
	(a)	the partner did not know about the contravention of the subsection involved in the offence; and
	(b)	either—
	(i)	the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or
	(ii)	the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.
	(4)	An offence against this section is a strict liability offence.
84	Certain entities not to provide construction services
	(1)	A person commits an offence if the person—
	(a)	provides a service (whether as an employee or otherwise) in a construction occupation or occupation class; and
	(b)	either—
	(i)	is not licensed in the occupation or class; or
	(ii)	if an endorsement on the licence is required for the person to be authorised to provide the service provided and the licence does not have that endorsement.
Maximum penalty: 50 penalty units.
	(2)	Each partner in a partnership commits an offence if the partnership—
	(a)	provides a service in a construction occupation or occupation class; and
	(b)	either—
	(i)	is not licensed in the occupation or class; or
	(ii)	if an endorsement on the licence is required for the partnership to be authorised to provide the service provided and the licence does not have that endorsement.
Maximum penalty:  50 penalty units.
	(3)	This section does not apply if—
	(a)	an individual provides the service, whether directly or for an entity; and
	(b)	the individual is working under the supervision of a licensee whose licence authorises the provision of the service; and
	(c)	the licensee is not required by a condition or endorsement on the licence to provide the service as an employee or under supervision; and
	(d)	a regulation allows the service to be provided by an individual without a licence if provided under the supervision of a licensee.
	(4)	It is a defence to a prosecution for an offence against subsection (2) if the partner proves that—
	(a)	the partner did not know about the contravention of the subsection involved in the offence; and
	(b)	either—
	(i)	the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or
	(ii)	the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.
	(5)	An offence against this section is a strict liability offence.
85	Allowing unlicensed people to provide construction service
	(1)	A person commits an offence if—
	(a)	the person engages someone else (the worker), or allows an employee (also the worker), to provide a construction service for the person; and
	(b)	the worker is not licensed to provide the service; and
	(c)	the person is reckless about whether the worker is licensed to provide the service.
Maximum penalty:  50 penalty units.
	(2)	Each member of a partnership commits an offence if—
	(a)	a partner engages someone else (the worker), or allows an employee of the partnership (also the worker), to provide a construction service for the partnership; and
	(b)	the worker is not licensed to provide the service; and
	(c)	the partner is reckless about whether the worker is licensed to provide the service.
Maximum penalty:  50 penalty units.
	(3)	This section does not apply to an entity that provides a service if—
	(a)	the service is provided under the supervision of a licensee; and
	(b)	the licensee is not required by a condition or endorsement on the licence to provide the service as an employee or under supervision; and
	(c)	a regulation allows the service to be provided by an individual without a licence if provided under the supervision of a licensee.
	(4)	It is a defence to a prosecution for an offence against subsection (2) if the partner proves that—
	(a)	the partner did not know about the contravention of the subsection involved in the offence; and
	(b)	either—
	(i)	the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or
	(ii)	the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.
86	Surrender of licences
	(1)	A person commits an offence if—
	(a)	the person’s licence has been suspended or cancelled; and
	(b)	the person does not surrender the licence to the registrar within 2 weeks after the day of suspension or cancellation.
Maximum penalty:  5 penalty units.
	(2)	Each partner commits an offence if—
	(a)	the partnership’s licence has been suspended or cancelled; and
	(b)	the licence is not surrendered to the registrar within 2 weeks after the day of suspension or cancellation.
Maximum penalty:  5 penalty units.
	(3)	It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant proves that the licence has been destroyed, lost or stolen.
	(4)	It is a defence to a prosecution for an offence against subsection (2) if the partner proves that—
	(a)	the partner did not know about the contravention of the subsection involved in the offence; and
	(b)	either—
	(i)	the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or
	(ii)	the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.
87	Breach of licence conditions or codes
	(1)	A licensee commits an offence if the licensee contravenes a condition of the licence.
Maximum penalty:  50 penalty units.
	(2)	Each partner in a partnership commits an offence if—
	(a)	the partnership is a licensee; and
	(b)	the licensee contravenes a condition of the licence.
	(3)	A person who is a licensee commits an offence if the person contravenes a code of practice applicable to the person.
Maximum penalty:  50 penalty units.
	(4)	Each partner in a partnership commits an offence if the partnership—
	(a)	is a licensee; and
	(b)	contravenes a code of practice applicable to the licensee.
Maximum penalty:  50 penalty units.
	(5)	It is a defence to a prosecution for an offence against subsection (2) or (4) if the partner proves that—
	(a)	the partner did not know about the contravention of the subsection involved in the offence; and
	(b)	either—
	(i)	the partner took reasonable precautions and exercised appropriate diligence to avoid the contravention; or
	(ii)	the partner was not in a position to influence the partnership in relation to the conduct involved in the contravention.
	(6)	An offence against this section is a strict liability offence.
88	Notification of cancellation of insurance
	(1)	An insurer commits an offence if—
	(a)	the insurer provides a policy of insurance to a entity who is, or is applying to be, a licensed building surveyor or plumbing plan certifier; and
	(b)	the insurance is required under the regulations for the entity to be eligible for the licence; and
	(c)	the insurer cancels the policy of insurance; and
	(d)	fails to give the registrar written notice of the cancellation within 3 days after the day of cancellation.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.

Part 8	Demerit points system
    
Note	In this part, licensee has an extended meaning (see s 89, def licensee).
89	Definitions—pt 8
In this part:
demerit ground for occupational discipline, in relation to a licensee—
	(a)	means a ground for occupational discipline in relation to the licensee for which the ACAT may make an occupational discipline order; but
	(b)	does not include a ground for occupational discipline if—
	(i)	the ground is a contravention of this Act or an operational Act; and
	(ii)	an infringement notice may be issued in relation to the contravention.
demerit points register means the register under section 91.
disciplinary incident, for a demerit ground for occupational discipline, means the circumstances that gave rise to the demerit ground for occupational discipline.
infringement notice—see the Magistrates Court Act 1930, section 117.
licensee, in relation to a demerit ground for occupational discipline, includes an entity that was licensed when the disciplinary incident for the demerit ground for occupational discipline happened.
90	Meaning of previous 3 years for pt 8
	(1)	In this part:
previous 3 years, in relation to a licensee with demerit points, means the 3 year period ending on the day the licensee last incurred a demerit point.
	(2)	For this section, 3 year period does not include a period of less than 3 years during which a licensee is unlicensed.
	(3)	Also, if a licensee incurs demerit points while unlicensed and becomes licensed within 3 years after incurring them, for the purpose of working out the 3 year period in relation to the licensee the demerit points are taken to have been incurred when the licensee next becomes licensed.
91	Recording demerit points
	(1)	If a demerit ground for occupational discipline exists in relation to a licensee, the registrar must record, in the demerit points register, against the licensee or former licensee, and for the relevant construction occupation, the number of demerit points prescribed under the regulations for the demerit ground for occupational discipline.
	(2)	The demerit points must be recorded in the demerit points register for the day when they are incurred.
	(3)	In this section:
relevant construction occupation, for a demerit ground for occupational discipline, means—
	(a)	the construction occupation in relation to which the disciplinary incident happened; or
	(b)	if the disciplinary incident did not happen in relation to a construction occupation—the main construction occupation in which the licensee was providing construction services when the disciplinary incident happened.
92	When demerit points are incurred
	(1)	This section applies to demerit points to be recorded against a licensee for a construction occupation in the demerit points register for a demerit ground for occupational discipline.
	(2)	A demerit point is taken to have been incurred by the licensee for the demerit ground for occupational discipline on the day when the registrar first becomes aware of the disciplinary incident.
93	Deleting demerit points
	(1)	This section applies to demerit points incurred by a licensee for a construction occupation, recorded in the register and taken into account for—
	(a)	a notice of licence suspension under section 97 or
	(b)	a notice of licence disqualification under section 98; or
	(c)	other action (disciplinary action) allowed to be taken under section 95 (2) (c).
	(2)	The demerit points are deleted from the register at the beginning of the period of suspension or disqualification, or on the imposition of the disciplinary action, relating to the licence for the construction occupation.
	(3)	Subsection (2) does not prevent the registrar keeping a record of deleted demerit points.
94	Warning notices
	(1)	This section applies if—
	(a)	the registrar records a demerit point against a licensee for a construction occupation; and
	(b)	in the previous 3 years, the licensee has incurred at least 10 other demerit points for the construction occupation; and
	(c)	the registrar has not sent the licensee a notice under this section within the 3 month period ending on the day the demerit point is incurred.
	(2)	The registrar must tell the licensee in writing how many points the licensee has and the effect of this part.
Note	For how documents may be served, see Legislation Act, pt 19.5.
	(3)	Failure to comply with subsection (2) does not affect the validity of anything done by the registrar or a court.
95	Consequences of incurring demerit points—licensees
	(1)	This section applies to a licensee if the licensee—
	(a)	has a licence; and
	(b)	incurred 15 or more demerit points for a construction occupation within the previous 3 years.
	(2)	The registrar must consider the disciplinary incidents for which the licensee incurred the demerit points and—
	(a)	serve a notice of licence suspension under section 97 on the licensee in relation to the licensee’s licence in the construction occupation; or
	(b)	serve a notice of licence disqualification under section 98 on the licensee in relation to the licensee’s licence in the construction occupation; or
	(c)	take any other action against the licensee that—
	(i)	the ACAT could take or direct the registrar to take; and
	(ii)	the registrar considers appropriate.
	(3)	In considering what action to take under subsection (2), the registrar must take into account the following considerations:
	(a)	the need to protect public safety;
	(b)	the desirability of not allowing people to undertake work which they are financially unable to complete;
	(c)	the regularity of the disciplinary incidents to which the demerit points relate;
	(d)	the seriousness of the disciplinary incidents to which the demerit points relate;
	(e)	the likelihood of further disciplinary incidents relating to the licensee.
	(4)	The registrar may take into account any other relevant consideration.
96	Consequences of incurring demerit points—applicant for issue or renewal of licence
	(1)	This section applies to a licensee if—
	(a)	the licensee applies to the registrar for a licence (including the renewal of a licence) for a construction occupation; and
	(b)	the licensee has incurred 15 or more demerit points for the construction occupation within the previous 3 years.
	(2)	The registrar may refuse the licensee’s application and serve a notice of licence disqualification on the licensee under section 98.
	(3)	The registrar may only take action under subsection (2) if satisfied that the public would be at risk if the licensee were allowed to provide the construction services authorised by the licence.
97	Licence suspension
	(1)	A notice of licence suspension served on a licensee by the registrar under this section—
	(a)	must state the date of the notice; and
	(b)	must state each construction occupation or occupation class to which the notice relates; and
	(c)	must state the date, at least 21 days after the day the notice is served on the licensee, when the suspension of the licensee’s licence is to begin; and 
	(d)	must state the period of licence suspension; and 
	(e)	must include any other information required under the regulations; and 
	(f)	may include any additional information the registrar considers appropriate.
Note	For how documents may be served, see Legislation Act, pt 19.5.
	(2)	The licensee’s licence is suspended for the period of licence suspension.
	(3)	To remove any doubt, a licence may be suspended in relation to all construction occupations or occupation classes it relates to.
98	Licence disqualification
	(1)	A notice of licence disqualification served on a licensee by the registrar under this section—
	(a)	must state the date of the notice; and
	(b)	must state each construction occupation or occupation class to which the notice relates; and
	(c)	must state the date, at least 21 days after the day the notice is served on the licensee, when the disqualification of the licensee to obtain a licence is to begin (the date of effect); and
	(d)	if the licensee has a licence—must state that the licence is cancelled on the date of effect; and
	(e)	must state the period of licence disqualification; and
	(f)	must include any other information required under the regulations; and 
	(g)	may include any additional information the registrar considers appropriate.
Note	For how documents may be served, see Legislation Act, pt 19.5.
	(2)	If the licensee has a licence, the licence is cancelled in relation to each construction occupation or occupation class mentioned in the notice on the date of effect.
	(3)	The licensee is disqualified from holding a licence in each construction occupation or occupation class during the period of licence disqualification and is not entitled to apply for, or be issued with, a licence in the construction occupation or occupation class during the period.
	(4)	To remove any doubt, a licence may be cancelled in relation to all construction occupations or occupation classes it relates to.
99	Demerit points incurred but not taken into account for notice of licence suspension etc
	(1)	This section applies to—
	(a)	demerit points incurred by a licensee on or before the date of a notice of licence suspension or licence disqualification served on the licensee under this part that were not taken into account for the notice; and
	(b)	demerit points incurred by the licensee after the date of the notice and before the period of licence suspension or licence disqualification applying under the notice begins.
	(2)	The demerit points are only taken into account in relation to the licensee from the end of the period of licence suspension or licence disqualification applying under the notice.
100	Issue of licence suspension notice etc
The registrar may give a notice of licence suspension or licence disqualification to a licensee under this part without giving the licensee an opportunity to make representations why the notice should not be given.
101	Keeping demerit points register
	(1)	The demerit points register may include information given to the registrar under this Act and any other information the registrar considers appropriate.
	(2)	The demerit points register may be kept in the form of, or as part of, 1 or more computer databases or in any other form the registrar considers appropriate.
	(3)	The registrar must correct a mistake, error or omission in the demerit points register subject to the requirements (if any) of the regulations.
	(4)	This section does not limit the functions of the registrar in relation to the demerit points register.
102	Security and disclosure of information in demerit points register
	(1)	The registrar must ensure that information in the demerit points register is kept securely and may be disclosed only in accordance with this Act or another law in force in the ACT.
Note 1	The Information Privacy Principles apply to the registrar.  Principle 4 states requirements about the storage and security of personal information and principle 11 states when personal information may be disclosed by an agency (see Privacy Act 1988 (Cwlth), s 14). 
Note 2	Access to the register may be sought under the Freedom of Information Act 1989 (which also provides that certain information is exempt from disclosure).
	(2)	The registrar must give information about a licensee’s demerit points to the licensee on application.

Part 9	Administration
103	Construction occupations registrar
	(1)	The chief executive may appoint a public servant as the Australian Capital Territory Construction Occupations Registrar (the registrar).
Note	For the making of appointments, see Legislation Act, div 19.3.1 (Appointments—other than acting appointments).
	(2)	However, the chief executive must not appoint a person under subsection (1) unless satisfied that the person has relevant experience or a relevant qualification in 1 or more of the following areas:
	(a)	asbestos assessment;
	(b)	building;
	(c)	building surveying;
	(d)	draining;
	(e)	electrical;
	(f)	engineering;
	(g)	gasfitting;
	(h)	plumbing;
	(i)	administration of building or construction industry regulatory schemes.
	(3)	The appointment must not be for longer than 3 years.
104	Registrar’s functions
	(1)	The registrar has the following functions:
	(a)	to keep the registers under this Act;
	(b)	to administer operational Acts;
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
	(c)	to decide applications in relation to licences;
	(d)	to maintain the standard of construction occupations by—
	(i)	acting on complaints made about construction practitioners, including by applying to the ACAT for occupational discipline if appropriate; and
	(ii)	developing and maintaining codes of practice; and
	(iii)	providing construction practitioners with information about developments in the construction industry.
	(2)	The registrar has any other function given to the registrar under this Act or another Territory law.
105	Delegation by registrar
The registrar may delegate the registrar’s functions under this Act or another Territory law to a public servant.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
106	Deputy registrars
	(1)	The registrar may appoint a public servant as deputy registrar for each construction occupation.
	(2)	The appointment must not be for longer than 2 years.
	(3)	A deputy registrar may exercise the functions of the registrar (other than the power to delegate a function) in relation to the construction occupation for which the deputy is appointed.
	(4)	However, the registrar may—
	(a)	limit the functions the deputy registrar may exercise, either in the instrument of appointment or in writing later; and
	(b)	give the deputy registrar written directions about the exercise of the functions.
	(5)	If the registrar gives the deputy registrar written directions about the exercise of a function, the deputy registrar may only exercise the function in accordance with the directions.
107	The register
	(1)	The registrar must keep a register of licensees.
Note	Particulars about licensees are prescribed under the regulations.  This part includes a requirement to record other information in the register.
	(2)	The register may be kept in any form, including electronic form, that the registrar decides.
	(3)	The register may be divided into parts.
	(4)	The registrar must make the register available to the public.
108	Recording rectification orders
	(1)	If the registrar makes a rectification order, the registrar must include the following in the register in relation to the order:
	(a)	the date the order was made;
	(b)	what the rectification order required.
	(2)	However, the registrar may only include information under subsection (1) if the licensee to whom the rectification order relates—
	(a)	has not applied for review of the decision to make the order within the period allowed under the ACT Civil and Administrative Tribunal Act 2008; or
	(b)	has applied for review of the decision but the ACAT has not set aside the rectification order.
109	Recording contravention of rectification orders
	(1)	This section applies if—
	(a)	the registrar is satisfied that an entity has contravened a rectification order; and
	(b)	the registrar proposes to include the details of the contravention in the register.
	(2)	The registrar must tell the entity in writing that—
	(a)	the registrar proposes to include the details of the contravention in the register; and
	(b)	the entity may make a submission to the registrar about the inclusion of the details within the time (the stated time) stated in the notice that is not less than 2 weeks.
	(3)	The registrar may include details of the contravention in the register if, after considering any submission made within the stated time, the registrar is satisfied that—
	(a)	the entity contravened the rectification order; and
	(b)	it is appropriate to include the details in the register.
110	Recording interim licence suspension
If the registrar suspends a licence under section 59 (Interim licence suspension), the registrar must immediately include the following in the register in relation to the suspension:
	(a)	the date of suspension;
	(b)	the length of the suspension;
	(c)	whether the suspension has been extended.
111	Removal of information from register
	(1)	This section applies to information included in the register under the following sections:
	(a)	section 108 (Recording rectification orders);
	(b)	section 109 (Recording contravention of rectification orders);
	(c)	section 110 (Recording interim licence suspension).
	(2)	An entity may apply for the removal of the information from the register if the information relates to something the entity did or did not do.
	(3)	On receiving an application from an entity, the registrar may remove the information from the register if satisfied that—
	(a)	no further information to which this section applies has been recorded in relation to the entity; and
	(b)	it is 5 years or longer since the day, or last day, that the event to which the information relates happened.
	(4)	Subsection (3) does not prevent the registrar keeping a record of information removed from the register.
112	Annual report by registrar
	(1)	The registrar is a public authority for the Annual Reports (Government Agencies) Act 2004.
	(2)	A report prepared by the registrar under the Annual Report (Government Agencies) Act 2004 for a financial year must include the details prescribed under the regulations.
113	Evidentiary certificates
	(1)	The registrar may issue a certificate, signed by the registrar, stating that on a date or during a period stated that—
	(a)	an entity named in the certificate was or was not licensed; and
	(b)	if the entity was licensed—
	(i)	the entity was licensed in the construction occupation, and occupation class (if any), in which the entity was licensed; and
	(ii)	the licence was, or was not, suspended.
	(2)	A licence or certificate under this section is evidence of the matters stated in it.
	(3)	Unless the contrary is proved, a document that purports to be a licence or certificate under this section is taken to be such a document.

Part 10	Advisory boards
    
114	Establishment of advisory boards
	(1)	The registrar must establish an advisory board for a construction occupation.
	(2)	An advisory board may, but need not, relate to more than 1 construction occupation.
115	Constitution of advisory board
	(1)	An advisory board must have at least 7, but not more than 9 members.
	(2)	At least 4 of the advisory board members must be licensed in the construction occupation, or 1 of the construction occupations, for which the advisory board is established.
	(3)	Of the 4 advisory board members mentioned in subsection (2), not more than 2 of them may represent a body established to represent the interests of people working in the construction occupation or 1 of the construction occupations.
	(4)	At least 1, but not more than 3, of the advisory board members must represent an educational institution, or industry training body, relevant to the construction occupation.
	(5)	At least 1 of the advisory board members must be a lawyer.
	(6)	At least 1 of the advisory board members must be a community representative who is not licensed.
116	Advisory board functions
An advisory board for a construction occupation has the following functions:
	(a)	to advise the registrar about qualifications for the construction occupation;
	(b)	to help with investigations for the construction occupation if asked by the registrar;
	(c)	to help develop and maintain codes of practice for the construction occupation if asked by the registrar.

Part 11	Complaints
    
117	Who may complain?
	(1)	Anyone who believes a licensee is contravening, or a licensee or former licensee has contravened, this Act, or an operational Act, may complain to the registrar.
	(2)	Notice of a contravention given under the Building Act 2004, section 50 (Notification by certifier of contraventions of building and development approvals—building work) is taken to be a complaint made under this section.
118	Form of complaint
	(1)	A complaint must be—
	(a)	in writing; and
	(b)	signed by the person making the complaint (the complainant); and
	(c)	include the complainant’s name and address.
	(2)	However, the registrar—
	(a)	may accept a complaint for consideration even if it does not comply with subsection (1); and
	(b)	must accept a complaint for consideration even if it does not comply with subsection (1) if the complaint is notice given under the Building Act 2004, section 50 (Notification by certifier of contraventions of building and development approvals—building work).
	(3)	If the registrar accepts for consideration a complaint that is not in writing, the registrar must require the complainant to put the complaint in writing unless there is a good reason for not doing so.
119	Withdrawal of complaints
	(1)	A complainant may withdraw the complaint at any time by written notice to the registrar.
	(2)	If the complainant withdraws the complaint, the registrar—
	(a)	need take no further action on the complaint; and
	(b)	may continue to act on the complaint if the registrar considers it appropriate to do so; and
	(c)	need not report to the complainant under section 123 (Action after investigating complaint) on the results of any action on the complaint.
120	Further information about complaint etc
	(1)	The registrar may, at any time, require a complainant—
	(a)	to give the registrar further information about the complaint; or
	(b)	to verify all or part of the complaint by statutory declaration.
	(2)	When making a requirement under this section, the registrar must give the complainant a reasonable period of time within which the requirement is to be satisfied and may extend that period, whether before or after it ends.
	(3)	If the complainant does not comply with a requirement made of the complainant under subsection (1), the registrar may, but need not, take further action in relation to the complaint.
	(4)	To remove any doubt, this section also applies to a complaint that is a notice given under the Building Act 2004, section 50 (Notification by certifier of contraventions of building and development approvals—building work).
121	Investigation of complaint
The registrar must take reasonable steps to investigate each complaint the registrar accepts for consideration.
Note	A complaint must be in writing, but the registrar may accept a complaint that is not in writing (see s 118).
122	No further action
	(1)	The registrar must not take further action on a complaint if satisfied that—
	(a)	the complaint lacks substance; or
	(b)	the complaint is frivolous, vexatious or was not made in good faith; or
	(c)	the complaint has been adequately dealt with.
Note	The registrar may also take no further action on a complaint if the complainant has not complied with a requirement made under s 120 (1) (see s 120 (3)).
	(2)	To remove any doubt, this section also applies to a complaint that is a notice given under the Building Act 2004, section 50 (Notification by certifier of contraventions of building and development approvals—building work).
123	Action after investigating complaint
	(1)	After investigating a complaint against a licensee or former licensee, the registrar must—
	(a)	if satisfied that a ground for occupational discipline exists in relation to the complaint—
	(i)	do both of the following:
	(A)	apply to the ACAT for an occupational discipline order in relation to the licensee;
	(B)	tell the complainant in writing that the application has been made; or
	(ii)	take the following disciplinary action:
	(A)	reprimand the licensee or former licensee;
	(B)	require the licensee, or, if the licensee is a corporation or partnership, a nominee of the licensee, to complete a stated course of training to the satisfaction of the registrar or another stated person;
	(C)	impose a condition on the licence, or amend an existing condition; or
	(b)	if not satisfied that a ground for occupational discipline exists in relation to the complaint—
	(i)	tell the complainant in writing that the registrar will take no further action on the complaint; and
	(ii)	take no further action on the complaint; or
	(c)	if the complaint was a notice given under the Building Act 2004, section 50 (Notification by certifier of contraventions of building and development approvals—building work) and the registrar is satisfied it should be referred to the planning and land authority—refer the complaint to the planning and land authority.
	(2)	Subsection (1) (b) (ii) does not prevent the registrar from taking further action in relation to a complaint if the registrar becomes satisfied that a ground for occupational discipline exists in relation to the complaint.
	(3)	The registrar refers a complaint to the planning and land authority by giving the authority—
	(a)	a copy of the complaint or a summary of the information provided in the complaint; and
	(b)	any information relating to the complaint that the registrar considers may be helpful to the authority; and
	(c)	a statement about why the registrar considers that the authority is more appropriate to deal with the complaint than the registrar.
Note	The registrar need not notify the complainant under subsection (1) if the complainant has withdrawn the complaint (see s 119).

Part 11A	Notification and review of decisions
123A	Meaning of reviewable decision—pt 11A
In this part:
reviewable decision means a decision prescribed by regulation.
123B	Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity prescribed by regulation in relation to the decision.
Note 1	The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
123C	Review of reviewable decisions
The following may apply to the ACAT for a review of a reviewable decision:
	(a)	an entity prescribed by regulation for the decision;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 12	Miscellaneous
    
125	Protection of registrar, advisory boards etc
	(1)	This section applies to a person who is, or has been—
	(a)	the registrar or a deputy registrar; or
	(b)	an advisory board member.
	(2)	A civil proceeding does not lie against a person to whom this section applies in relation to loss, damage or injury of any kind to someone else because of an act done, or omitted to be done honestly in the exercise (or purported exercise) of a function under this Act.
126	AS 3500 and Legislation Act, s 47
The Legislation Act, section 47 (6) does not apply to AS 3500 under this Act.
127	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
128	Approved forms
	(1)	The registrar may approve forms for this Act.
	(2)	If the registrar approves a form for a particular purpose, the approved form must be used for that purpose.
Note	The Legislation Act contains provisions about forms (see s 255).
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
129	Regulation-making power
	(1)	The Executive may make regulations for this Act.
	(2)	The regulations may make provision in relation to—
	(a)	licences; and
	(b)	the keeping of the register, including the particulars that must or may be entered in the register; and
	(c)	the supervision of licensees’ activities; and
	(d)	rectification orders; and
	(e)	codes of practice.
	(3)	The regulations may create offences for contraventions of the regulations and fix maximum penalties of not more than 10 penalty units for offences against the regulations.
	(4)	The regulations may adopt an Australian Standard as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 	A notifiable instrument must be notified under the Legislation Act.
	(5)	The Legislation Act, section 47 (6) does not apply to an Australian Standard mentioned in subsection (4).
131	Review of Act
The Minister must review the 1st 2 years of operation of this Act and present a report of the review to the Legislative Assembly not later than 3 years after commencement day.

Part 14	Transitional—Construction Occupations Legislation Amendment Act 2006
154	Transitional—conduct engaged in before 1/9/04
	(1)	Part 4 (Rectification orders and other obligations on licensees) and part 5 (Automatic licence suspension and occupational discipline) apply to conduct engaged in before 1 September 2004 as if—
	(a)	a reference to a construction service included a reference to a construction service provided before 1 September 2004; and
	(b)	a reference to this Act included a reference to a related Act; and
	(c)	a reference to a licensee or former licensee included a reference to a person who was a registered construction practitioner under the Construction Practitioners Registration Act 1998 (whether or not the person is also a licensee or former licensee for this Act); and
	(d)	all other necessary changes were made; and
	(e)	any changes prescribed by regulation were made.
	(2)	In this section:
related Act means any of the following Acts:
	(a)	the Construction Practitioners Registration Act 1998; or
	(b)	an operational Act; or
	(c)	the Building Act 1972; or
	(d)	the Energy and Water Act 1988; or
	(e)	the Gas Act 1992; or
	(f)	the Plumbers, Drainers and Gasfitters Board Act 1982.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(3)	This section expires on 31 August 2014.
	(4)	This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	bankrupt or personally insolvent
·	entity
·	Legislation Act
·	occupational discipline order
·	reviewable decision notice
·	under
·	working day.
AS 3500 means the following standards, as in force from time to time:
	(a)	AS 3500.1.1;
	(b)	AS 3500.2.1;
	(c)	AS/NZS 3500.
asbestos assessment service—see section 7A (2).
asbestos assessor—see section 7A (1).
asbestos removalist—see section 7B (1).
asbestos removal service—see section 7B (2).
authorised action, for part 4 (Rectification orders and other obligations on licensees)—see section 33.
authorised licensee, for part 4 (Rectification orders and other obligations on licensees)—see section 33.
builder—see section 8.
building certification service—see section 9 (2).
building certifier—see the Building Act 2004, dictionary, definition of certifier.
building service—see section 8 (2).
building surveyor—see section 9.
building work—see the Building Act 2004, section 6.
class, of a construction occupation, means a class into which the occupation is divided under the regulations (see section 15).
compliance auditor, for part 6 (Enforcement)—see section 76.
conduct means an act or an omission to do an act.
construction occupation—see section 7.
construction practitioner—see section 6.
construction service—see section 6 (2).
demerit disciplinary ground, for part 8 (Demerit points system)—see section 89.
demerit points register, for part 8 (Demerit points system)—see section 89.
disciplinary incident, for part 8 (Demerit points system)—see section 89.
drainer—see section 10.
electrical wiring service—see section 11 (2).
electrician—see section 11.
emergency rectification order—see section 39.
endorsement means an endorsement under section 22.
engage in conduct means—
	(a)	do an act; or
	(b)	omit to do an act.
former licensee means an entity that has been a licensee.
gasfitter—see section 12.
gasfitting service—see section 12 (2).
ground for occupational discipline—see section 55. 
infringement notice—see Magistrates Court Act 1930, section 117.
licence means a licence under this Act.
licensee—
	(a)	for division 5.2 (Occupational discipline—licensees)—see section 54; and
	(b)	for part 8 (Demerit points system)—see section 89.
licence number, for a licence—see section 23 (1) (c).
mandatory requirements, for division 3.2 (Nominees)—see section 27.
nominee, of a corporation or partnership, means a person who is appointed as a nominee of the corporation or partnership under section 28 (Nominees of corporations and partnerships).
occupational discipline means—
	(a)	something done by the ACAT by an occupational discipline order; or
	(b)	something done by the registrar in accordance with an occupational discipline order; or
	(c)	something done by the registrar under section 95.
occupation class means a class into which a construction occupation is divided under section 15.
operational Act—see section 16.
plumber—see section 13.
plumbing plan certification service—see section 14 (2).
plumbing plan certifier—see section 14.
plumbing service—see section 13 (2).
previous 3 years, for part 8 (Demerit points system)—see section 90.
rectification order—see section 38 (1).
register means the register kept under section 107.
registrar—see section 103.
reviewable decision, for part 11A (Notification and review of decisions)—see section 123A.
sanitary drainage service—see section 10 (2).
storey—see the Building Act 2004, dictionary.
supervise includes direct.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Construction Occupations (Licensing) Act 2004 A2004-12
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
remainder commenced 1 September 2004 (s 2 and CN2004-8)
as modified by
Construction Occupations (Licensing) Regulations 2004 SL2004-36 (as am by SL2004-44 reg 5; A2005-34 amdt 1.38; SL2005-18 s 4)
taken to have been notified LR 26 March 2004 (A2004-12, s 151 (3) (a))
reg 1 taken to have commenced 26 March 2004 (LA s 75 (1))
remainder commenced 1 September 2004 (A2004-12, s 151 (3) (b))
Construction Occupations (Licensing) Amendment Regulations 2004 (No 1) SL2004-44 reg 5
notified LR 8 September 2004
reg 1, reg 2 commenced 8 September 2004 (LA s 75 (1))
reg 5 commenced 9 September 2004 (reg 2)
Note	These regulations only amend the Construction Occupations (Licensing) Regulations 2004 SL2004-36.
as amended by
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.9
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.9 commenced 2 June 2005 (s 2 (1))
Construction Occupations Legislation Amendment Act 2005 
A2005-34 sch 1 pt 1.3, amdt 1.38
notified LR 6 July 2005
s 1, s 2 commenced 6 July 2005 (LA s 75 (1))
sch 1 pt 1.3, amdt 1.38 commenced 27 July 2005 (s 2)
Construction Occupations (Licensing) Amendment Regulation 2005 (No 1) SL2005-18 s 4
notified LR 26 August 2005
s 1, s 2 commenced 26 August 2005 (LA s 75 (1))
s 4 commenced 27 August 2005 (s 2)
Note	These regulations only amend the Construction Occupations (Licensing) Regulation 2004 SL2004-36.
Construction Occupations Legislation Amendment Act 2006 A2006‑15 sch 1 pt 1.2
notified LR 6 April 2006
s 1, s 2 commenced 6 April 2006 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 September 2006 (s 2 and CN2006-19)
Asbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.4 (as am by A2006-24 s 4)
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
amdt 1.29, amdt 1.32 commenced 18 November 2006 (s 2 (2) and LA s 79)
amdt 1.30 commenced 1 July 2006 (s 2 (2) and CN2006-14)
sch 1 pt 1.4 remainder commenced 1 July 2006 (s 2 (1) as am by A2006-24 s 4)
Asbestos Legislation Amendment Act 2006 (No 2) A2006-24
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
remainder commenced 19 May 2006 (s 2)
Note	This Act only amends the Asbestos Legislation Amendment Act 2006 A2006-16.
Building Legislation Amendment Act 2007 A2007-26 sch 1 pt 1.3
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
s 3, amdt 1.87, amdt 1.88 commenced 30 November 2007 (s 2 (1) and CN2007-16)
sch 1 pt 1.3 remainder commences 31 March 2008 (s 2 (1) and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.16
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.16 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.10
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.10 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
as modified by
ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2 s 67 and sch 1 (as am by A2009-49 amdt 1.2, amdt 1.3)
notified LR 29 January 2009
s 1, s 2 commenced 29 January 2009 (LA s 75 (1))
s 67 and sch 1 commenced 2 February 2009 (s 2 and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
as amended by
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.17
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.17 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 amdt 1.2, amdt 1.3, sch 1 pt 1.4, sch 3 pt 3.10
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
amdt 1.2, amdt 1.3, sch 1 pt 1.4, sch 3 pt 3.10 commenced 17 December 2009 (s 2)
Note	This Act also amends the ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2.
4	Amendment history
Commencement
s 2	om LA s 89 (4)
What is a construction occupation?
s 7	sub A2006-16 amdt 1.28
Who is an asbestos assessor?
s 7A	ins A2006-16 amdt 1.28
What is an asbestos removalist?
s 7B	ins A2006-16 amdt 1.28
What is a builder?
s 8	am A2006-16 amdt 1.29; A2009-20 amdt 3.41
What is an operational Act?
s 16	sub A2006-16 amdt 1.30
Licence applications
s 17	am A2006-15 amdt 1.19
Decision on licence application
s 19	am A2008-36 amdt 1.92
Nominees of corporations and partnerships
s 28	am A2005-34 amdt 1.22
Rectification orders—exercise of registrar’s powers
s 33A	ins A2007-26 amdt 1.87
	(2)-(4) exp 29 February 2008 (s 33A (4) (LA s 88 declaration applies))
When rectification order may be made
s 35	am A2005-34 amdt 1.23
Considerations for deciding under s 34 and s 35
s 36	am A2007-26 amdt 1.88
	(4)-(6) exp 29 February 2008 (s 36 (6) (LA s 88 declaration applies))
Rectification order inappropriate
s 37	am A2008-36 amdt 1.93
Failure to comply with order
s 41	am A2008-36 amdt 1.94
Protection of authorised licensees from liability
s 46	am A2008-36 amdt 1.95
Automatic licence suspension and occupational discipline
pt 5 hdg	sub A2008-36 amdt 1.96
Automatic suspension of individual licence
s 48	am A2009-49 amdt 3.22
Automatic suspension of building surveyors licence
s 51	am A2006-15 amdt 1.19
Automatic suspension of plumbing plan certifiers licence
s 52	am A2006-15 amdt 1.19
End of automatic licence suspension
s 53	am A2008-36 amdt 1.97
Occupational discipline—licensees
div 5.2 hdg	sub A2008-36 amdt 1.98
Meaning of licensee—div 5.2
s 54	am A2008-28 amdt 3.59
	sub A2008-36 amdt 1.98
Grounds for occupational discipline
s 55	sub A2008-36 amdt 1.98
Application to ACAT for occupational discipline
s 56	am A2006-15 amdt 1.6; A2007-26 amdt 1.89
	sub A2008-36 amdt 1.98
	mod SL2009-2 mod 1.1
	mod lapsed 17 December 2009 (SL2009-2 mod 1.1 om by A2009-49 amdt 1.3)
	am A2009-49 amdt 1.11
Considerations before making occupational discipline orders
s 57	sub A2008-36 amdt 1.98
Occupational discipline orders—licensees 
s 58	sub A2008-36 amdt 1.98
Interim licence suspension
s 59	am A2006-15 amdt 1.19
	sub A2008-36 amdt 1.98
Effect of interim suspension
s 60	am A2006-15 amdt 1.7
	sub A2008-36 amdt 1.98
Revocation of interim suspension
s 61	sub A2008-36 amdt 1.98
Builders licence affected by occupational discipline or other action
s 62	am A2006-15 amdt 1.8, amdt 1.19
	sub A2008-36 amdt 1.98
Effect of non-renewal on suspended licence
s 63	sub A2008-36 amdt 1.98
Requirement to return surrendered licence
s 64	sub A2008-36 amdt 1.98
Effect of non-renewal on suspended licence
s 65	om A2008-36 amdt 1.98
Disciplinary inquiries
div 5.3 hdg	om A2008-36 amdt 1.99
Notice of inquiry
s 66	om A2008-36 amdt 1.99
Inquiry procedure
s 67	om A2008-36 amdt 1.99
Evidence at inquiry
s 68	om A2008-36 amdt 1.99
Legal representation at inquiry
s 69	om A2008-36 amdt 1.99
Advisory board assistance at inquiry
s 70	om A2008-36 amdt 1.99
Registrar may require appearance, information or documents
s 71	om A2008-36 amdt 1.99
Witness expenses
s 72	om A2008-36 amdt 1.99
Miscellaneous
div 5.4 hdg	om A2008-36 amdt 1.99
Multiple occupation or class licences
s 73	om A2008-36 amdt 1.99
Requirement to return surrendered licence
s 74	om A2008-36 amdt 1.99
Identity cards
s 78	am A2005-20 amdt 3.91; ss renum R5 LA (see A2005-20 amdt 3.92)
No nominee
s 82	am A2006-15 amdt 1.9
Advertising without details
s 83	mod SL2004-36 reg 52 (as am by SL2004-44 reg 5; om R4 LA)
	(3)-(5) exp 9 March 2005 (s 83 (5))
	am A2005-34 amdt 1.24, amdt 1.25; A2006-15 amdt 1.10
Certain entities not to provide construction services
s 84	am A2006-15 amdt 1.11, amdt 1.12
Allowing unlicensed people to provide construction service
s 85	am A2006-15 amdt 1.13, amdt 1.14
Surrender of licences
s 86	am A2006-15 amdt 1.15
Breach of licence conditions or codes
s 87	am A2006-15 amdt 1.16
Notification of cancellation of insurance
s 88	am A2006-15 amdt 1.19
Definitions—pt 8
s 89	sub A2008-36 amdt 1.100
	def demerit disciplinary ground om A2008-36 amdt 1.100
	def demerit ground for occupational discipline ins A2008‑36 amdt 1.100
	def demerit points register sub A2008‑36 amdt 1.100
	def disciplinary incident sub A2008‑36 amdt 1.100
	def infringement notice sub A2008‑36 amdt 1.100
	def licensee am A2006-15 amdt 1.19
	sub A2008‑36 amdt 1.100
Recording demerit points
s 91	am A2008-36 amdt 1.101; A2009-49 amdt 3.23
When demerit points are incurred
s 92	am A2008-36 amdt 1.101
Deleting demerit points
s 93	am A2008-36 amdt 1.102
Consequences of incurring demerit points—licensees
s 95	am A2008-36 amdt 1.103
Construction occupations registrar
s 103	am A2006-16 amdt 1.31
Registrar’s functions
s 104	am A2008-36 amdt 1.104, amdt 1.105
Recording rectification orders
s 108	am A2008-36 amdt 1.106
Recording contravention of rectification orders
s 109	am A2006-15 amdt 1.19
Recording interim licence suspension
s 110	am A2008-36 amdt 1.107
Removal of information from register
s 111	am A2006-15 amdt 1.19
Establishment of advisory boards
s 114	(3), (4) exp 1 September 2005 (s 114 (4))
Advisory board functions
s 116	am A2008-36 amdt 1.108
Who may complain?
s 117	am A2007-26 amdt 1.90
Form of complaint
s 118	am A2007-26 amdt 1.91
Further information about complaint etc
s 120	am A2007-26 amdt 1.92
No further action
s 122	am A2007-26 amdt 1.93
Action after investigating complaint
s 123	am A2007-26 amdt 1.94, amdt 1.95; A2008-36 amdt 1.109, amdt 1.110
	mod SL2009-2 mod 1.2
	mod lapsed 17 December 2009 (SL2009-2 mod 1.2 om by A2009-49 amdt 1.3)
	am A2009-49 amdt 1.12
Notification and review of decisions
pt 11A hdg	ins A2008-36 amdt 1.111
Meaning of reviewable decision—pt 11A
s 123A	ins A2008-36 amdt 1.111
Reviewable decision notices
s 123B	ins A2008-36 amdt 1.111
Review of reviewable decisions
s 123C	ins A2008-36 amdt 1.111
Review of decisions
s 124	am A2006-15 amdt 1.19
	om A2008-36 amdt 1.112
Protection of registrar, advisory boards etc
s 125	am A2008-36 amdt 1.113
Repeals and transitional provisions
pt 13 hdg	exp 1 September 2005 (s 153 (1))
Definitions for pt 13
s 130	exp 1 September 2005 (s 153 (1))
Legislation repealed
s 132	om LA s 89 (3)
End of licences or registration of people taken to be licensed or registered
s 133	exp 1 September 2005 (s 153 (1))
Building surveyors
s 134	exp 1 September 2005 (s 153 (1))
Electricians
s 135	table renum R6 LA
	exp 1 September 2005 (s 153 (1))
Plumbers, drainers and gasfitters
s 136	exp 1 September 2005 (s 153 (1))
Fire sprinkler’s licence
s 137	mod SL2004-36 reg 53 (as am by SL2004-44 reg 5)
	mod lapsed 27 July 2005 when s 53 SL2004-36 om by 
A2005-34 amdt 1.38
	am A2005-34 amdt 1.26
	exp 1 September 2005 (s 153 (1))
Plumbing plan certifiers
s 138	exp 1 September 2005 (s 153 (1))
Suspensions under repealed Act
s 139	exp 1 September 2005 (s 153 (1))
Suspended electricians
s 140	exp 1 September 2005 (s 153 (1))
Application of rectification orders
s 141	am A2005-34 amdt 1.27
	exp 1 September 2005 (s 153 (1))
Applications for registration under repealed Act
s 142	exp 1 September 2005 (s 153 (1))
Former licensee in s 54 (3)
s 143	am A2005-34 amdt 1.28
	exp 1 September 2005 (s 153 (1))
Applications for builders’ licences under Building Act
s 144	exp 1 September 2005 (s 153 (1))
Eligible applicants for builders’ licences without qualifications
s 145	exp 1 September 2005 (s 153 (1))
Current builder’s licence
s 146	exp 1 September 2005 (s 153 (1))
Applications for licence or permit under Electricity Safety Act
s 147	exp 1 September 2005 (s 153 (1))
Applications for licence or certificate of competency under Plumbers, Drainers and Gasfitters Board Act
s 148	exp 1 September 2005 (s 153 (1))
Contraventions before commencement day
s 149	mod SL2004-36 s 52 (as am by SL2005-18 s 4)
	exp 1 September 2005 (s 153 (1))
Meaning of demerit disciplinary ground for pt 8
s 150	exp 1 September 2005 (s 153 (1))
Supervision by nominees—Act, s 28 (3) (b)
s 151	exp 1 September 2004 (s 151 (5))
	ins as mod SL2004-36 reg 54 (as am by SL2004-44 reg 5)
	mod lapsed 27 July 2005 when s 54 SL2004-36 om by 
A2005-34 amdt 1.38
Water and Sewerage Act, s 49 (5)
s 151A	ins as mod SL2004-36 reg 54 (as am by SL2004-44 reg 5)
	mod lapsed 27 July 2005 when s 54 SL2004-36 om by 
A2005-34 amdt 1.38
Transitional regulations
s 152	exp 1 September 2005 (s 153 (1))
Expiry of pt 13
s 153	exp 1 September 2005 (s 153 (1))
Transitional—Construction Occupations Legislation Amendment Act 2006
pt 14 hdg	ins A2006-15 amdt 1.17
Transitional—conduct engaged in before 1/9/04
s 154	ins A2006-15 amdt 1.17
	am A2008-36 amdt 1.114
	exp 31 August 2014 (s 154 (3) (LA s 88 declaration applies))
Transitional—Asbestos Legislation Amendment Act 2006
pt 15 hdg	ins A2006-16 amdt 1.32
	exp 18 November 2007 (s 157)
Effect of building licence authorising building work involving asbestos
s 155	ins A2006-16 amdt 1.32
	exp 18 November 2007 (s 157)
Renewal of building surveyor licences
s 156	ins A2006-16 amdt 1.32
	exp 18 November 2007 (s 157)
Expiry—pt 15
s 157	ins A2006-16 amdt 1.32
	exp 18 November 2007 (s 157)
New regulations
sch 1	om R1 LA
Dictionary
dict	am A2008-36 amdt 1.115; A2009-49 amdt 3.24
	def AS 3500 mod SL2004-36 reg 55 (as am by SL2004-44 reg 5)
	sub A2005-34 amdt 1.29
	def asbestos assessment service ins A2006-16 amdt 1.33
	def asbestos assessor ins A2006-16 amdt 1.33
	def asbestos removalist ins A2006-16 amdt 1.33
	def asbestos removal service ins A2006-16 amdt 1.33
	def building certification service ins A2009-20 amdt 3.42
	def building service ins A2009-20 amdt 3.42
	def conduct ins A2006-15 amdt 1.18
	def construction service ins A2009-20 amdt 3.42
	def daily ACT newspaper om A2009-20 amdt 3.43
	def disciplinary action om A2008-36 amdt 1.116
	def disciplinary ground om A2008-36 amdt 1.116
	def disciplinary notice om A2008-36 amdt 1.116
	def electrical wiring service ins A2009-20 amdt 3.44
	def engage ins A2006-15 amdt 1.18
	def former licensee am A2006-15 amdt 1.19
	def gasfitting service ins A2009-20 amdt 3.44
	def ground for occupational discipline ins A2008-36 amdt 1.117
	def inquiry om A2008-36 amdt 1.118
	def licensee sub A2008-36 amdt 1.119
	def occupational discipline ins A2008-36 amdt 1.120
	def plumbing plan certification service ins A2009-20 amdt 3.44
	def plumbing service ins A2009-20 amdt 3.44
	def reviewable decision ins A2008-36 amdt 1.121
	def reviewable decisions om A2008-36 amdt 1.121
	def sanitary drainage service ins A2009-20 amdt 3.44
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
1 Sept 2004	1 Sept 2004–
1 Sept 2004	not amended	new regulations	
R2
2 Sept 2004	2 Sept 2004–
8 Sept 2004	not amended	commenced expiry	
R3
9 Sept 2004	9 Sept 2004–
9 Mar 2005	not amended	modifications by SL2004-36 as am by SL2004-44	
R4
10 Mar 2005	10 Mar 2005–
1 June 2005	not amended	commenced expiry	
R5
2 June 2005	2 June 2005–
26 July 2005	A2005-20	amendments by A2005-20	
R6 (RI)
28 July 2005	27 July 2005–
26 Aug 2005	A2005-34	amendments by A2005-34
reissue for textual correction in s 83	
R7
27 Aug 2005	27 Aug 2005–
1 Sept 2005	A2005-34	modifications by SL2004-36 as am by SL2005-18	
R8 (RI)
9 May 2006	2 Sept 2005–
30 June 2006	A2005-34	commenced expiry
reissue for republication correction	
R9
1 July 2006	1 July 2006–
31 Aug 2006	A2006-24	amendments by A2006-16 as amended by A2006-24	
R10
1 Sept 2006	1 Sept 2006–
17 Nov 2006	A2006-24	amendments by A2006-15	
R11
18 Nov 2006	18 Nov 2006–
18 Nov 2007	A2006-16	amendments by A2006-16	
R12
19 Nov 2007	19 Nov 2007–
29 Nov 2007	A2007-26	commenced expiry	
R13
30 Nov 2007	30 Nov 2007–
29 Feb 2008	A2007-26	commenced expiry	
R14
1 Mar 2008	1 Mar 2008–
30 Mar 2008	A2007-26	commenced expiry	
R15*
31 Mar 2008	31 Mar 2008–
25 Aug 2008	A2007-26	amendments by A2007-26	
R16
26 Aug 2008	26 Aug 2008–
1 Feb 2009	A2008-28	amendments by A2008-28	
R17
2 Feb 2009	2 Feb 2009–
21 Sept 2009	SL2009-2	amendments by A2008-36 and modifications by SL2009-2	
R18
22 Sept 2009	22 Sept 2009–
16 Dec 2009	A2009-20	amendments by A2009-20	

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