2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for the Environment and Sustainable Development)
Construction and Energy Efficiency Legislation Amendment Bill 2013

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Architects Act 2004
	4	Eligibility for registration
Section 8 (2) (a) (i)	4
	5	Section 8 (4) and (5)	4
	6	New section 90A	4
Part 3	Architects Regulation 2004
	7	Prescribed qualifications for registration—Act, s 8 (2) (a) (i)
Section 4	6
	8	Prescribed qualifications
Schedule 1	6
Part 4	Building Act 2004
	9	Stages of building work
Section 43 (3) (a)	7
	10	Stage inspections
Section 44 (2), new notes	7
	11	New section 44 (7)	7
	12	Completion of building work
Section 48 (3) (f)	8
	13	Section 48 (3) (n)	9
	14	Certificates of occupancy
Section 69 (1), new note	9
	15	Building code
Section 136 (1), definition of building code, new notes	9
	16	New section 136 (1A)	9
	17	Section 136 (4), example and note	10
	18	New section 136A	10
	19	Section 137	11
	20	Dictionary, definition of owner, paragraph (b) (ii)	11
Part 5	Building (General) Regulation 2008
	21	General requirements for application for building approvals—Act, s 26 (3)
New section 11 (1) (d)	12
	22	New section 11 (3)	12
	23	Building erection and alteration—Act, s 26 (3)
Section 12 (2) (j) and (3), definition of performance requirement	12
	24	General requirements for plans—Act, s 27 (1) (a) 
New section 16 (2) (h)	12
	25	Section 16 (3), new definition of performance requirement	13
	26	Exemption from application of Act
Schedule 1, part 1.2, item 15, column 2, paragraph (e)	13
Part 6	Construction Occupations (Licensing) Act 2004
	27	Decision on licence application
New section 19 (3A) and (3B)	14
	28	New section 21A	15
	29	Licence renewal
New section 25 (2A) and (2B)	16
	30	Intention to make rectification order
New section 34 (2) (d)	17
	31	Rectification orders
Section 38 (1) (a)	18
	32	Section 38 (1), new examples	18
	33	Section 38 (2)	18
	34	New section 47A	19
	35	Grounds for occupational discipline
Section 55 (1) (a), new examples	20
	36	New section 55A	20
	37	Considerations before making occupational discipline orders
New section 57 (2) (h)	22
	38	Section 80 heading	22
	39	New section 80 (1)	22
	40	New section 80 (1A)	23
	41	Section 80 (3) (d)	23
	42	New section 80 (3) (e)	23
	43	New section 80 (3A)	23
	44	New sections 80A and 80B	24
	45	New part 6A	28
	46	Codes of practice
Section 104A (2), note	29
	47	New section 104A (4) to (8)	29
	48	New section 104B	30
	49	Deputy registrars
Section 106 (2)	31
	50	New part 18	31
	51	Dictionary, note 2	32
	52	Dictionary, new definitions	32
Part 7	Construction Occupations (Licensing) Regulation 2004
	53	Licence applications—Act, s 17 (3)
New section 5 (d) (iv)	33
	54	Section 5 (e) (iv)	33
	55	Section 5 (f) (ii)	33
	56	Section 5 (g)	34
	57	Term of licences generally—Act, s 24
New section 7 (1) (f)	34
	58	Term of licence for asbestos assessors, building assessors, building surveyors, plumbing plan certifiers and works assessors—Act, s 24
Section 8 (2)	34
	59	Particulars in register
Section 9 (1) (b)	34
	60	New section 9 (1) (ca)	35
	61	Section 9 (1) (d)	35
	62	Qualifications for individuals
New section 13 (2A)	35
	63	New section 13 (4) to (6)	36
	64	Skill assessment of individuals
Section 14 (1)	36
	65	Eligibility to be nominee—Act, s 28 (4)
Section 19 (d), note	37
	66	New section 19 (f)	37
	67	Services that may be provided without licence
New section 35 (2A)	38
	68	Section 35 (3), new definition of relevant person	39
	69	Short descriptions and demerit points
Section 43 (3)	40
	70	New section 43 (4)	40
	71	New section 45	40
	72	Plumbers
Schedule 1, part 1.8, item 2, column 3	41
	73	Reviewable decisions
Schedule 4, new item 5A	42
	74	Schedule 4, item 8, column 2	42
Part 8	Electricity Safety Act 1971
	75	Reporting by electricity distributor
Section 34 (3)	43
	76	Dictionary, definition of regulatory authority	43
Part 9	Energy Efficiency (Cost of Living) Improvement Act 2012
	77	Eligible activities
New section 10 (6) to (11)	44
Part 10	Water and Sewerage Act 2000
	78	Issue of plan approvals
Section 8 (2) (e)	45
	79	Construction occupations registrar may require rectification of defective work
New section 22 (2A) and (2B)	45
	80	Powers on entry to premises
Section 32 (4)	45
	81	Section 32 (4), new examples	46
	82	Section 32 (5)	46
	83	New part 6	47
	84	Sections 45A and 46	50
	85	Part 5A (as amended)	50
	86	Dictionary, definitions of ACT plumbing code and Australian Standard 3500	50
	87	Dictionary, definition of fire sprinkler service	50
	88	Dictionary, definition of plumbing code	50
	89	Dictionary, definition of sanitary drain, paragraph (b) (ii)	51
	90	Dictionary, definition of water service, paragraph (c) (ii)	51
Part 11	Water and Sewerage Regulation 2001
	91	Section 6 heading	52
	92	Section 6 (1)	52
	93	Section 6 (2)	52
	94	Section 6 (3) (a)	52
	95	Testing of sanitary plumbing and drains
Section 9 (1)	53
	96	Section 9 (4)	53
	97	Notification after completion of work
Section 10 (2)	53
	98	Requirements for toilets—Act, s 17 (1) (b)
Section 16 (1)	53
	99	Section 16 (2), definition of dual-flush 6/3L cistern	54
	100	Section 16 (2), new definition of dual-flush reduced volume cistern	54
	101	Retrofitting backflow prevention devices
Section 16D	54
	102	Section 18 heading	54
	103	Section 18 (1) (a)	55
	104	Section 18 (2) (a)	55
	105	Testing of water plumbing
Section 20 (1)	55
	106	Section 20 (4)	55
	107	Notification after completion of work—water services
Section 21	56
	108	Backflow prevention device
Section 22 (3)	56
	109	Section 22 (7), definition of suitably qualified person	56
	110	Application of plumbing code—hot-water system standard—Act, s 45A (2)
Section 28	57
	111	Hot-water system standard
Schedule 2	57
	112	Dictionary, note 4	57
	113	Dictionary, new definition of AS/NZS 3500	57
	114	Dictionary, definitions of building, class and hot-water system standard	57
Schedule 1	Construction Occupations (Licensing) Regulation 2004—Consequential amendments	58

2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for the Environment and Sustainable Development)
Construction and Energy Efficiency Legislation Amendment Bill 2013

A Bill for
An Act to amend legislation relating to construction and energy efficiency, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Construction and Energy Efficiency Legislation Amendment Act 2013.
2	Commencement
	(1)	The following provisions commence on 1 September 2013:
	(a)	parts 2 and 3;
	(b)	section 9;
	(c)	part 5 (other than section 26);
	(d)	part 10 (other than sections 79 to 82 and sections 89 and 90);
	(e)	part 11 (other than sections 98 to 100);
	(f)	schedule 1.
	(2)	Section 67 commences on 1 December 2013.
	(3)	The remaining provisions commence on the day after this Act’s notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the following legislation:
·	Architects Act 2004
·	Architects Regulation 2004
·	Building Act 2004
·	Building (General) Regulation 2008
·	Construction Occupations (Licensing) Act 2004
·	Construction Occupations (Licensing) Regulation 2004
·	Electricity Safety Act 1971
·	Energy Efficiency (Cost of Living) Improvement Act 2012
·	Water and Sewerage Act 2000
·	Water and Sewerage Regulation 2001.

Part 2	Architects Act 2004
4	Eligibility for registration
Section 8 (2) (a) (i)
substitute
	(i)	a qualification declared by the registrar; or
5	Section 8 (4) and (5)
substitute
	(4)	The registrar may declare a qualification for subsection (2) (a) (i).
	(5)	Before making a declaration, the registrar must consult the architects board.
	(6)	The architects board may accredit a course for subsection (2) (a) (ii).
	(7)	A declaration or accreditation is a notifiable instrument.
Note 1	A notifiable instrument must be notified under the Legislation Act.
Note 2	See also s 90A (Notifiable instruments under s 8 and Legislation Act, s 47).
6	New section 90A
insert
90A	Notifiable instruments under s 8 and Legislation Act, s 47
	(1)	This section applies in relation to a declaration or accreditation made under section 8 (Eligibility for registration).
	(2)	A declaration or accreditation may apply, adopt or incorporate a law of another jurisdiction or instrument as in force from time to time.
	(3)	The Legislation Act, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or instrument applied, adopted or incorporated under a declaration or accreditation.
Note	Laws of another jurisdiction and instruments mentioned in s (3) do not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).
	(4)	In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).

Part 3	Architects Regulation 2004
7	Prescribed qualifications for registration—Act, s 8 (2) (a) (i)
Section 4
omit
8	Prescribed qualifications
Schedule 1
omit

Part 4	Building Act 2004
9	Stages of building work
Section 43 (3) (a)
substitute
	(a)	the licensee has given to the certifier written notice dated the date it is given to the certifier that—
	(i)	states that the stage has been reached; and
	(ii)	includes a statement that the building work done for the stage was carried out in accordance with approved plans, including, if the building work involved handling asbestos or disturbing friable asbestos, plans that comply with this Act in relation to the asbestos; and
Note	The licensee may give the notice electronically (see Electronic Transactions Act 2001, s 8).
10	Stage inspections
Section 44 (2), new notes
insert
Note 1	Section 42 includes the requirement that building work must be carried out in accordance with approved plans.
Note 2	If a form is approved under s 151 for a certificate under this provision, the form must be used.
11	New section 44 (7)
insert
	(7)	A regulation may prescribe when a certifier must give the construction occupations registrar the following for building work:
	(a)	a copy of each certificate for the building work issued under subsection (2) (b) or (5) (a relevant certificate); 
	(b)	a copy of the following documents relating to the building work: 
	(i)	the notice given to the certifier by the building licensee under section 43 (3) (a);
	(ii)	any notice given to the licensee by the certifier under subsection (2) (a) or (6);
	(iii)	a plan or drawing;
	(iv)	any certificate or other document given or prepared by someone else that the certifier has relied on for the purpose of giving a relevant certificate;
	(v)	the certifier’s working papers and calculations that are relevant to the giving of a relevant certificate.
Note	If no time is prescribed under this subsection, the certifier must give the copies to the construction occupations registrar under s 48 (Completion of building work).
12	Completion of building work
Section 48 (3) (f)
substitute
	(f)	a copy of each certificate issued for the building work under section 44 (2) (b) or (5), unless the certifier has already given the construction occupations registrar the copy in accordance with this Act;
Note 1	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).
Note 2	A regulation may provide for the giving of copies of certificates at other times (see s 44 (7)).
13	Section 48 (3) (n)
omit everything before subparagraph (i), substitute
	(n)	a copy of the following documents relating to the building work, unless the certifier has already given the construction occupations registrar the copy in accordance with this Act:
14	Certificates of occupancy
Section 69 (1), new note
insert
Note	If the building work only involved erecting part of a building, see s (3).
15	Building code
Section 136 (1), definition of building code, new notes
insert
Note 1	The date that each version of the BCA comes into effect in the ACT can be found in the ‘History of Amendments’ or ‘History of BCA Adoption’ parts in the BCA itself.  However, a different date of effect may be prescribed by regulation or in an amendment of the BCA made by an Australian Capital Territory Appendix to the Building Code of Australia.
Note 2	See also s 136A (Regulation under s 136 (1), def building code and Legislation Act, s 47).
16	New section 136 (1A)
insert
	(1A)	To remove any doubt, the Building Code of Australia includes the variations, additions and exclusions for the ACT contained in the code, including in an appendix to the code.
Note	The BCA does not include the Guide to Volume One published by the Australian Building Codes Board.
17	Section 136 (4), example and note
substitute
Examples
1	prescribe an area to be a bushfire-prone area
2	A new edition of the Building Code of Australia comes into effect on 1 May 2013.  A regulation provides that stated provisions of the BCA come into effect in the ACT on 1 January 2014.
Note 1	The Australian Capital Territory Appendix to the Building Code of Australia may also amend the date the BCA comes into effect in the ACT.
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).
18	New section 136A
insert
136A	Regulation under s 136 (1), def building code and Legislation Act, s 47
	(1)	This section applies in relation to a regulation made under section 136 (1), definition of building code, paragraph (b).
	(2)	A regulation may apply, adopt or incorporate a law of another jurisdiction or instrument as in force from time to time.
	(3)	The Legislation Act, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or instrument applied, adopted or incorporated under a regulation.
Note	Laws of another jurisdiction and instruments mentioned in s (3) do not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).
	(4)	In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).
19	Section 137
substitute
137	Publication and availability of ACT Appendix
	(1)	The construction occupations registrar must publish, in a daily newspaper, notice of the notification of each Australian Capital Territory Appendix to the Building Code of Australia made by the Minister under section 136.
	(2)	The notice must contain details of where copies of the Australian Capital Territory Appendix to the Building Code of Australia may be inspected or purchased.
20	Dictionary, definition of owner, paragraph (b) (ii)
substitute
	(ii)	if building work has been, is being or is to be carried out on the land for the proprietor of a unit in a units plan for the land—the proprietor; or

Part 5	Building (General) Regulation 2008
21	General requirements for application for building approvals—Act, s 26 (3)
New section 11 (1) (d)
insert
	(d)	if a performance requirement of the building code is to be complied with by use of an alternative solution under the code, the application must state—
	(i)	the performance requirement; and
	(ii)	the alternative solution; and
	(iii)	each assessment method used to show that the alternative solution complies with the performance requirement.
22	New section 11 (3)
after the note, insert
	(3)	In this section:
performance requirement—see the building code.
23	Building erection and alteration—Act, s 26 (3)
Section 12 (2) (j) and (3), definition of performance requirement
omit
24	General requirements for plans—Act, s 27 (1) (a) 
New section 16 (2) (h)
insert
	(h)	if a performance requirement of the building code is to be complied with by use of an alternative solution under the building code—identify the alternative solution and include a statement that it is an alternative solution under the building code.
25	Section 16 (3), new definition of performance requirement
insert
performance requirement—see the building code.
26	Exemption from application of Act
Schedule 1, part 1.2, item 15, column 2, paragraph (e)
substitute
	(e)	the provider of a utility service within the meaning of the Utilities Act 2000, section 6 (Electricity services) if the pole or mast is part of the electricity network (within the meaning of that Act) for the provision of the service; or
	(f)	the owner of a telecommunications network or part of a telecommunications network that is used to supply a standard telephone service within the meaning of the Telecommunications Act 1997 (Cwlth) if the pole or mast is or will be part of the network or part.

Part 6	Construction Occupations (Licensing) Act 2004
27	Decision on licence application
New section 19 (3A) and (3B)
insert
	(3A)	The registrar may refuse to issue a licence for a construction occupation or occupation class to an applicant if—
	(a)	the applicant, a director or nominee of an applicant that is a corporation, or a partner or nominee of an applicant that is a partnership, is a licensee or former licensee (however described) under this Act or a corresponding law who—
	(i)	is prohibited from providing a construction service (however described) under this Act or a corresponding law; or
	(ii)	is subject to occupational discipline (however described) under this Act or a corresponding law; or
	(iii)	the registrar believes on reasonable grounds surrendered a licence (however described) in circumstances that related to a ground for occupational discipline (however described) under this Act or a corresponding law; and
	(b)	the registrar believes on reasonable grounds that the refusal is necessary or desirable to protect the public.
	(3B)	The registrar may issue a licence to an applicant for less than the  maximum period for which the licence may be issued if the registrar believes on reasonable grounds that it is necessary or desirable to protect the public.
28	New section 21A
insert
21A	Licence conditions—licensee’s previous licence cancelled for longer than 1 year etc
	(1)	This section applies if—
	(a)	an individual held a licence (however described) under this Act or a corresponding law in a construction occupation or occupation class (however described) that—
	(i)	was cancelled, and the individual was disqualified from applying for a licence (however described) for at least 1 year; or
	(ii)	the registrar believes on reasonable grounds was surrendered by the individual in circumstances that related to a ground for occupational discipline (however described); and
	(b)	the individual has applied for a licence for the same or substantially the same construction occupation or occupation class.
	(2)	The registrar may issue the licence to the individual—
	(a)	subject to 1 or more of the following conditions:
	(i)	that the licensee must not be a nominee for a stated period;
	(ii)	that the licensee must not supervise trainees or other licensees; 
	(iii)	that the licensee must be supervised by someone else;
	(iv)	any other condition that the registrar considers appropriate; and
	(b)	if the registrar believes on reasonable grounds that the condition is necessary or desirable to protect the public.
	(3)	This section does not limit the operation of section 21.
29	Licence renewal
New section 25 (2A) and (2B)
insert
	(2A)	However, the registrar may refuse to renew a licence if—
	(a)	the applicant—
	(i)	has contravened, or is contravening, a court order or an order made by ACAT relating to the applicant’s licence (including work done by the licensee); or
	(ii)	has contravened, or is contravening, this Act or a condition of the applicant’s licence; or
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).
	(iii)	has contravened, or is contravening, a rectification order; or
Examples
1	failing to start the work stated in the rectification order
2	failing to finish the work stated in the rectification order in the period within which the order states that the work must be done
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).
	(iv)	was required by the registrar under section 55A (Skill assessment of licensees) to be assessed and the applicant has not completed the assessment; or
	(v)	has a debt owing to the Territory under section 37 (5), section 41 (5) or section 42 (3) and does not have, or is not complying with, a formal arrangement to pay the debt; or
	(vi)	is disqualified under a corresponding law from holding a licence (however described) or providing a construction service (however described) in the same, or substantially the same, construction occupation or occupation class applied for; and
	(b)	the registrar believes on reasonable grounds that the refusal is necessary or desirable to protect the public.
	(2B)	The registrar may renew a licence for less than the maximum period for which the licence may be renewed if the registrar believes on reasonable grounds that it is necessary or desirable to protect the public.
30	Intention to make rectification order
New section 34 (2) (d)
insert
	(d)	states that—
	(i)	the registrar will not make a rectification order if the registrar is not satisfied that 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)	if the registrar does not make a rectification order the Territory may authorise someone else to do the things stated in this notice, and the entity will have to pay for the things to be done.
31	Rectification orders
Section 38 (1) (a)
after
stated action
insert
(including provide written information)
32	Section 38 (1), new examples
insert
Example—stated action generally
rectified work must comply with a stated performance requirement of the Building Code of Australia
Examples—written information
1	a structural engineer’s report about whether rectified work complies with relevant structural standards
2	certification from a building certifier that rectified work complies with this Act
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).
33	Section 38 (2)
substitute
	(2)	Subsection (2A) applies if—
	(a)	the order requires the entity to do a thing; and
	(b)	the entity—
	(i)	is not licensed, authorised or qualified to do the thing; or
	(ii)	if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.
	(2A)	The entity must arrange, and pay for, the thing to be done by someone who—
	(a)	is licensed, authorised or qualified to do the thing; or
	(b)	if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.
Examples
1	A rectification order requires Freddie to take stated action to rectify work he has done. The action includes having to provide written information about whether the rectified work complies with relevant structural standards.  Freddie is not a structural engineer so he must arrange, and pay for, a structural engineer to prepare a report about the rectified work.
2	A rectification order requires Jo to finish building a dwelling.  Jo is no longer a licensed builder, and she is not able to get a new licence.  Jo must arrange, and pay for, a licensed builder to finish building the dwelling.
3	Alex is a licensed plumber who did non-compliant work on a building that caused extensive water leakage.  A rectification order requires him to fix the damage caused by the leakage, including replacing render on the building’s exterior, replacing wall linings and insulation in the wall cavity, and repainting walls and replacing carpet in the interior.  None of this work requires a licence or other authorisation under ACT law.  Alex is able to paint the interior walls to an acceptable standard, but he has never done any of the other kind of work.  He must arrange, and pay for, people with appropriate experience and skill to do the rest of the work.
34	New section 47A
in part 4, insert
47A	Licensee must comply with determinations about training
	(1)	This section applies if the registrar makes a determination under section 104B (Determinations about training) that applies to a licensee. 
	(2)	The licensee must comply with the determination.
Note	Failure to comply with a determination is a ground for occupational discipline (see s 55 (1) (a)) and may result in a refusal to renew a licence (see s 25 (2A)).
35	Grounds for occupational discipline
Section 55 (1) (a), new examples
insert
Examples
1	contravening a rectification order
2	failing to complete a skill assessment required by the registrar under s 55A
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	New section 55A
insert
55A	Skill assessment of licensees
	(1)	This section applies—
	(a)	if the registrar believes on reasonable grounds that—
	(i)	a ground for occupational discipline mentioned in section 55 (1) (a) exists in relation to a licensee; and
	(ii)	requiring the licensee to be assessed as mentioned in subsection (2) would assist the registrar to exercise his or her functions under section 56 (Application to ACAT for occupational discipline); or
	(b)	if—
	(i)	a licensee’s licence is suspended under section 52A (Suspension of licence—public safety); and
	(ii)	the registrar believes on reasonable grounds that requiring the licensee to be assessed as mentioned in subsection (2) would assist the registrar to exercise his or her functions under section 52A (3) or section 53 (End of licence suspension).
	(2)	The registrar may, by written notice, require the licensee to be assessed to find out whether the licensee has a skill that is reasonably necessary to satisfactorily exercise the functions of a construction occupation or class of construction occupation under the licensee’s licence.
	(3)	An assessment may consist of 1 or more of the following:
	(a)	an assessment by a person who the registrar is satisfied on reasonable grounds is competent to make the assessment;
	(b)	an examination, which may have practical, written and oral aspects, by a registered training organisation that the registrar is satisfied on reasonable grounds is competent to set and assess the examination;
	(c)	an examination of a record of the licensee’s experience provided by the licensee;
	(d)	the undertaking of a test, or a series of tests, approved by the registrar.
	(4)	The licensee must pay to the Territory the reasonable costs incurred by the Territory in arranging or carrying out an assessment.
	(5)	A regulation may prescribe the following:
	(a)	what a notice mentioned in subsection (2) must or may contain;
	(b)	any document or thing that must accompany a notice;
	(c)	anything else in relation to a notice.
Note	The registrar may withdraw a notice given to a licensee (see Legislation Act, s 180).  The withdrawal does not affect the registrar’s belief about whether a ground for occupational discipline under s 55 (1) (a) exists in relation to the licensee.
	(6)	In this section:
registered training organisation—see the Training and Tertiary Education Act 2003, dictionary.
37	Considerations before making occupational discipline orders
New section 57 (2) (h)
insert
	(h)	if the licensee has completed an assessment mentioned in section 55A (Skill assessment of licensees)—the results of the assessment.
38	Section 80 heading
substitute
80	Functions of compliance auditors—entry to premises
39	New section 80 (1)
omit
(other than residential premises)
40	New section 80 (1A)
insert
	(1A)	However, subsection (1) does not authorise entry into a part of premises that is being used for residential purposes other than with the consent of the occupier or person apparently in charge of the premises.
41	Section 80 (3) (d)
omit
a computer
substitute
any electronic device
42	New section 80 (3) (e)
before the examples, insert
	(e)	require the occupier, person apparently in charge of the premises or anyone at the premises to give the compliance auditor reasonable help to exercise a function under this section.
43	New section 80 (3A)
after the notes, insert
	(3A)	A person must take reasonable steps to comply with a requirement made of the person under subsection (3) (c), (d) or (e).
Maximum penalty:  50 penalty units.
44	New sections 80A and 80B
in part 6, insert
80A	Consent to entry
	(1)	When seeking the consent of an occupier of premises to enter the premises under section 80 (1A), a compliance auditor must—
	(a)	produce the compliance auditor’s identity card; and
	(b)	tell the occupier—
	(i)	the purpose of the entry; and
	(ii)	that anything found under this part may be used in evidence in court; and
	(iii)	that consent may be refused.
	(2)	If the occupier consents, the compliance auditor must ask the occupier to sign a written acknowledgment (an acknowledgement of consent)—
	(a)	that the occupier was told—
	(i)	the purpose of the entry; and
	(ii)	that anything found under this part may be used in evidence in court; and
	(iii)	that consent may be refused; and
	(b)	that the occupier consented to the entry; and
	(c)	stating the time and date consent was given.
	(3)	If the occupier signs an acknowledgment of consent, the compliance auditor must immediately give a copy to the occupier.
	(4)	A court must find that an occupier did not consent to entry to premises by the compliance auditor under this part if—
	(a)	the question arises in a proceeding in the court whether the occupier consented to the entry; and
	(b)	an acknowledgment of consent is not produced in evidence; and
	(c)	it is not proved that the occupier consented to the entry.
	(5)	In this section:
occupier, of premises, includes—
	(a)	a person a compliance auditor believes on reasonable grounds to be an occupier of the premises; and
	(b)	a person apparently in charge of the premises.
80B	Functions of compliance auditors—production of documents
	(1)	A compliance auditor may, by written notice, ask a licensee to produce to the compliance auditor a document that relates to the licensee’s activities.
Note	The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
	(2)	The notice must state—
	(a)	the place where and time when, or the period within which, the licensee must produce the document that the compliance auditor considers on reasonable grounds is reasonable; and
	(b)	the consequences under this Act of failing to comply with the notice.
	(3)	A compliance auditor may do 1 or more of the following in relation to the document:
	(a)	inspect it;
	(b)	take an extract from or make a copy of the document;
	(c)	require the licensee to give the compliance auditor information about the document;
	(d)	take possession of the document for the period that the compliance auditor considers on reasonable grounds is reasonable.
	(4)	If a compliance auditor takes possession of a document under subsection (3) (d), the compliance auditor must—
	(a)	allow a person who would be entitled to inspect the document, if it were not in the compliance auditor’s possession, to inspect the document at any reasonable time; and
	(b)	give a receipt for the document to the licensee.
	(5)	The receipt must include the following:
	(a)	a brief description of the document;
	(b)	the compliance auditor’s name, and information about how to contact the compliance auditor;
	(c)	the address of the place where the compliance auditor will keep the document while it is in the compliance auditor’s possession.
80C	Non-compliance with s 80B notice
	(1)	A licensee commits an offence if the licensee fails to comply with a notice given to the licensee under section 80B (Functions of compliance auditors—production of documents).
Maximum penalty:  50 penalty units.
	(2)	Each partner in a partnership commits an offence if—
	(a)	the partnership is a licensee; and
	(b)	the partners, or any of them, fail to comply with a notice given to the partnership under section 80B.
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 failure to comply; and
	(b)	either—
	(i)	the partner took reasonable precautions and exercised appropriate diligence to avoid the failure to comply; or
	(ii)	the partner was not in a position to influence the partnership in relation to the failure to comply.
Note	The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).
45	New part 6A
insert
Part 6A	Information requirements
80D	Meaning of information requirement—pt 6A
In this part:
information requirement—see section 80E (2).
80E	Information requirements
	(1)	This section applies if the registrar suspects on reasonable grounds that a person—
	(a)	has information (the required information) reasonably required by the registrar for the administration or enforcement of this Act; or
	(b)	has possession or control of a document containing the required information.
	(2)	The registrar may give the person a notice (an information requirement) requiring the person to give the information, or produce the document, to the registrar.
	(3)	The information requirement must be in writing and must include details of the following:
	(a)	the identity of the person to whom it is given; 
	(b)	why the information is required;
	(c)	the time by which the notice must be complied with; 
	(d)	the operation of section 80G (Contravention of information requirement).
	(4)	A person does not incur any civil or criminal liability only because the person gives information, or produces a document, to the registrar in accordance with an information requirement.
80F	Treatment of documents provided under information requirement
	(1)	The registrar must return a document produced in accordance with an information requirement to the person who produced the document as soon as practicable.
	(2)	Before returning the document, the registrar may make copies of, or take extracts from, the document.
80G	Contravention of information requirement
A person commits an offence if the person contravenes an information requirement.
Maximum penalty: 50 penalty units.
Note	The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
46	Codes of practice
Section 104A (2), note
omit
47	New section 104A (4) to (8)
after the notes, insert
	(4)	The Legislation Act, section 47 (5) or (6) does not apply in relation to a law or instrument mentioned in subsection (2).
Note	Laws and instruments mentioned in s (2) do not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).
	(5)	In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).
	(6)	Subsections (4) and (5) apply in relation to an approved code of practice made before the day this subsection commences.
	(7)	Subsection (6) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(8)	Subsections (6) and (7) and this subsection expire 1 year after the day this subsection commences.
48	New section 104B
insert
104B	Determinations about training
	(1)	The registrar may determine a course of training for a construction occupation or occupation class if the registrar is satisfied on reasonable grounds that the training is reasonably necessary for the development or enhancement of the skills or knowledge of licensees in the construction occupation or class.
	(2)	A determination must state—
	(a)	the reasons for determining the training; and
	(b)	the consequences under this Act of failing to complete the training; and
	(c)	information about the training, including who must conduct the training; and
	(d)	the latest date by which licensees must complete the training that the registrar considers on reasonable grounds is reasonable.
	(3)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
49	Deputy registrars
Section 106 (2)
omit
2
substitute
3
50	New part 18
insert
Part 18	Transitional—new licence application information
170	Certain information to be given to registrar
	(1)	This section applies if a licensee has not given the registrar the following information (the required information):
	(a)	if the licensee is an individual—the licensee’s mobile telephone number and email address;
	(b)	if the licensee is a partnership or corporation—the mobile telephone number and email address of each of the licensee’s nominees.
	(2)	The licensee must give the registrar the required information within 6 months after the day this section commences.
Note	If a form is approved under s 128 for this provision, the form must be used.
	(3)	If the licensee’s licence is due for renewal within 6 months after the day this section commences, the licensee may include the required information in the application for renewal instead of an approved form for this provision (if any).
	(4)	This section is a law to which the Legislation Act, s 88 (Repeal does not end effect of transitional laws etc) applies.
	(5)	This section expires 1 year after the day it commences.
51	Dictionary, note 2
insert
·	document
·	State
52	Dictionary, new definitions
insert
corresponding law means—
	(a)	a law of a State corresponding, or substantially corresponding, to this Act; or
	(b)	a law of a State prescribed by regulation as a corresponding law for this Act.
information requirement, for part 6A (Information requirements)—see section 80D.
occupier, of premises, includes a person believed on reasonable grounds to be an occupier of the premises.

Part 7	Construction Occupations (Licensing) Regulation 2004
53	Licence applications—Act, s 17 (3)
New section 5 (d) (iv)
insert
	(iv)	the applicant’s mobile telephone number;
54	Section 5 (e) (iv)
substitute
	(iv)	the following for each of the applicant’s nominees:
	(A)	the nominee’s name, business address, email address and mobile telephone number;
	(B)	the nominee’s landline telephone number and fax number (if any);
55	Section 5 (f) (ii)
substitute
	(ii)	the following for each of the applicant’s nominees:
	(A)	the nominee’s name, business address, email address and mobile telephone number;
	(B)	the nominee’s landline telephone number and fax number (if any); and
56	Section 5 (g)
substitute
	(g)	the applicant’s—
	(i)	business telephone number and email address; and
	(ii)	fax number (if any);
57	Term of licences generally—Act, s 24
New section 7 (1) (f)
insert
	(f)	asbestos removalist.
58	Term of licence for asbestos assessors, building assessors, building surveyors, plumbing plan certifiers and works assessors—Act, s 24
Section 8 (2)
after
issued
insert
or renewed
59	Particulars in register
Section 9 (1) (b)
substitute
	(b)	the licensee’s—
	(i)	business telephone number and email address; and
	(ii)	fax number (if any);
60	New section 9 (1) (ca)
insert
	(ca)	if the licensee is an individual—the licensee’s mobile telephone number;
61	Section 9 (1) (d)
substitute
	(d)	if the licensee is a corporation or partnership—
	(i)	the name, business address, email address and mobile telephone number of each of the licensee’s nominees; and
	(ii)	the landline telephone number and fax number (if any) of each of the licensee’s nominees;
62	Qualifications for individuals
New section 13 (2A)
insert
	(2A)	However, the registrar need not consult the advisory board for a construction occupation or occupation class if—
	(a)	the declaration makes minor, technical changes to an earlier declaration; or
	(b)	it would be necessary for the registrar to disclose commercially sensitive or confidential information to the board and the registrar believes on reasonable grounds that the disclosure is not appropriate; or
	(c)	the declaration is necessary because of a decision (however described) of the Legislative Assembly; or
	(d)	the registrar believes on reasonable grounds that he or she needs to act promptly to protect the health or safety of people, property or the environment.
63	New section 13 (4) to (6)
after the note, insert
	(4)	A declaration may apply, adopt or incorporate a law of another jurisdiction or instrument as in force from time to time.
	(5)	The Legislation Act, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or instrument applied, adopted or incorporated under a declaration.
Note	Laws of another jurisdiction and instruments mentioned in s (7) do not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).
	(6)	In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).
64	Skill assessment of individuals
Section 14 (1)
substitute
	(1)	This section applies if—
	(a)	the registrar is not satisfied that an applicant has a qualification required to be eligible for the licence applied for; or
	(b)	the registrar—
	(i)	is satisfied that an applicant has a qualification required to be eligible for the licence applied for; and
	(ii)	is not satisfied on reasonable grounds that the applicant has a skill reasonably necessary to satisfactorily exercise the functions of a construction occupation or class of construction occupation under the licence applied for; and
	(iii)	believes on reasonable grounds that requiring the applicant to be assessed under this section is necessary or desirable to protect the public.
65	Eligibility to be nominee—Act, s 28 (4)
Section 19 (d), note
substitute
Example
A licensee is not able to exercise the functions of a nominee on a daily basis if the licensee is the nominee for another corporation that has no other nominees and is doing a lot of construction work.
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).
66	New section 19 (f)
insert
	(f)	the individual’s licence is not subject to 1 or more of the following conditions (however described):
	(i)	that the individual must not be a nominee for a stated period, and the period in question is within the stated period;
	(ii)	that the individual must not supervise trainees or licensees;
	(iii)	that the individual must be supervised by someone else.
Note	For functions of nominees, see the Act, s 31.
67	Services that may be provided without licence
New section 35 (2A)
insert
	(2A)	Also, subsection (1) (b) applies only if—
	(a)	there is a training arrangement (however described) between the trainee’s relevant person and the trainee; and
Example—training arrangement
an approved training contract under the Training and Tertiary Education Act 2003
Note	An example is part of the regulation, 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).
	(b)	the construction service provided by the trainee is covered by the training arrangement; and
	(c)	the trainee’s relevant person gives the registrar the following information:
	(i)	if the relevant person is the trainee’s employer who is an individual—
	(A)	the employer’s name, business address and email address; and
	(B)	the employer’s landline telephone number or mobile telephone number; and
	(C)	the employer’s fax number (if any);
	(ii)	if the relevant person is the trainee’s employer who is not an individual—
	(A)	the name of the employer and the trainee’s manager; and
	(B)	the business address and email address of the employer and manager; and
	(C)	the landline telephone number or mobile telephone number of the employer and manager; and
	(D)	the fax number (if any) of the employer and manager;
	(iii)	if the relevant person is the provider of the accredited course that the trainee is undertaking—
	(A)	the provider’s name, business address and email address; and
	(B)	the name of the person nominated by the provider for the trainee (the nominated person); and
	(C)	the nominated person’s email address; and
	(D)	the nominated person’s landline telephone number or mobile telephone number;
	(iv)	the trainee’s name and date of birth;
	(v)	the name of the accredited course that the trainee is undertaking and its unique identifying number (however described);
	(vi)	when the training arrangement begins and ends.
Note	If a form is approved under the Act, s 128 for this provision, the form must be used.
68	Section 35 (3), new definition of relevant person
insert
relevant person, of a trainee, means—
	(a)	the trainee’s employer; or
	(b)	if the trainee does not have an employer—the provider of the accredited course that the trainee is undertaking.
69	Short descriptions and demerit points
Section 43 (3)
omit
in relation to a demerit disciplinary notice based on
substitute
for
70	New section 43 (4)
insert
	(4)	For a demerit ground for occupational discipline that is not mentioned in subsection (3), the demerit points for the ground is one.
71	New section 45
in part 7, insert
45	Requirements for notices requesting skill assessment of licensees—Act, s 55A
The notice must state—
	(a)	the reasons for requiring the assessment; and
	(b)	the consequences under the Act of failing to complete the assessment; and
	(c)	information about the assessment, including who must conduct the assessment; and
	(d)	the latest date by which the licensee must complete the assessment that the registrar considers on reasonable grounds is reasonable; and
	(e)	if the licensee is to be given the written results of the assessment by the person conducting the assessment—the latest date by which the licensee must give the results to the registrar; and
	(f)	that the licensee may make written representations to the registrar about 1 or more of the following not later than 5 business days after the day the notice is given to the licensee:
	(i)	the registrar’s reasons for requiring the assessment;
	(ii)	the proposed assessment;
	(iii)	the latest date by which the licensee must complete the assessment stated in the notice;
	(iv)	the latest date by which the licensee must give the results to the registrar if the licensee is to be given the written results of the assessment by the person conducting the assessment.
72	Plumbers
Schedule 1, part 1.8, item 2, column 3
after
less
insert
, but not including backflow prevention device test work within the meaning of section 31
73	Reviewable decisions
Schedule 4, new item 5A
insert

5A	Act, 21A	amend licence by putting condition on licence	licensee	
74	Schedule 4, item 8, column 2
after
25 (2)
insert
or (2A)

Part 8	Electricity Safety Act 1971
75	Reporting by electricity distributor
Section 34 (3)
omit
relevant distributor
substitute
construction occupations registrar
76	Dictionary, definition of regulatory authority
substitute
regulatory authority, for a State, means—
	(a)	an entity that carries out functions similar to the functions that the construction occupations registrar carries out under part 3 (Prescribed articles of electrical equipment) under a law of the State that corresponds, or substantially corresponds, to that part; or
	(b)	an entity prescribed by regulation.

Part 9	Energy Efficiency (Cost of Living) Improvement Act 2012
77	Eligible activities
New section 10 (6) to (11)
after the note, insert
	(6)	A determination may apply, adopt or incorporate a law of another jurisdiction or instrument as in force from time to time.
	(7)	The Legislation Act, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or instrument applied, adopted or incorporated under a determination.
Note	Laws of another jurisdiction and instruments mentioned in s (7) do not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).
	(8)	In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).
	(9)	Subsections (6), (7) and (8) apply in relation to a determination made before the day this subsection commences.
	(10)	Subsection (9) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(11)	Subsections (9) and (10) and this subsection expire 1 year after the day this subsection commences.

Part 10	Water and Sewerage Act 2000
78	Issue of plan approvals
Section 8 (2) (e)
substitute
	(e)	the proposed plumbing or sanitary drainage work complies with the plumbing code.
79	Construction occupations registrar may require rectification of defective work
New section 22 (2A) and (2B)
insert
	(2A)	Subsection (2B) applies if—
	(a)	the direction requires the owner to do a thing (including provide written information); and
	(b)	the owner is not licensed, authorised or qualified to do the thing.
	(2B)	The owner must arrange, and pay for, the thing to be done by someone who is licensed, authorised or qualified to do the thing.
80	Powers on entry to premises
Section 32 (4)
after
stated action
insert
(including provide written information)
81	Section 32 (4), new examples
insert
Examples—written information
1	a written report about a test required in the direction by the person who did the test
2	a hydraulic engineer’s report about whether work complies with relevant standards
3	certification from a plumbing plan certifier that work complies with this Act
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).
82	Section 32 (5)
substitute
	(5)	Subsection (5A) applies if—
	(a)	the direction requires the person to whom it is given to do a thing; and
	(b)	the person—
	(i)	is not licensed, authorised or qualified to do the thing; or
	(ii)	if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.
	(5A)	The person must arrange, and pay for, the thing to be done by someone who—
	(a)	is licensed, authorised or qualified to do the thing; or
	(b)	if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.
83	New part 6
after part 5, insert
Part 6	Plumbing code
44C	Plumbing code
	(1)	In this Act:
plumbing code means—
	(a)	the Plumbing Code of Australia prepared and published by the Australian Building Codes Board as amended from time to time by—
	(i)	the Australian Building Codes Board; and
	(ii)	the Australian Capital Territory Appendix to the Plumbing Code of Australia; and
	(b)	a document prescribed by regulation.
Note 1	The date that each version of the PCA comes into effect in the ACT can be found in the ‘History of PCA Adoption’ part in the PCA itself.  However, a different date of effect may be prescribed by regulation or in an amendment of the PCA made by an Australian Capital Territory Appendix to the Plumbing Code of Australia.
Note 2	See also s 44D (Regulation under s 44C (1), def plumbing code and Legislation Act, s 47).
	(2)	The Plumbing Code of Australia includes the variations, additions and exclusions for the ACT contained in the code, including in an appendix to the code.
	(3)	The Minister may make an Australian Capital Territory Appendix to the Plumbing Code of Australia.
Note	The power to make an instrument includes the power to amend or repeal the instrument.  The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act, s 46).
	(4)	The Australian Capital Territory Appendix to the Plumbing Code of Australia is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(5)	A regulation may make provision in relation to the application of the plumbing code.
Example
A new edition of the Plumbing Code of Australia comes into effect on 1 May 2013.  A regulation provides that stated provisions of the PCA come into effect in the ACT on 1 January 2014.
Note 1	The Australian Capital Territory Appendix to the Plumbing Code of Australia may also amend the date the PCA comes into effect in the ACT.
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).
44D	Regulation under s 44C (1), def plumbing code and Legislation Act, s 47
	(1)	This section applies in relation to a regulation made under section 44C (1), definition of plumbing code, paragraph (b).
	(2)	A regulation may apply, adopt or incorporate a law of another jurisdiction or instrument as in force from time to time.
	(3)	The Legislation Act, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or instrument applied, adopted or incorporated under a regulation.
Note	Laws of another jurisdiction and instruments mentioned in s (3) do not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).
	(4)	In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).
44E	Publication and availability of ACT Appendix
	(1)	The construction occupations registrar must publish, in a daily newspaper, notice of the notification of each Australian Capital Territory Appendix to the Plumbing Code of Australia made by the Minister under section 44C.
	(2)	The notice must contain details of where copies of the Australian Capital Territory Appendix to the Plumbing Code of Australia may be inspected or purchased.
44F	Inspection of plumbing code
	(1)	The construction occupations registrar must keep a copy of the plumbing code at his or her office.
	(2)	A person may, on request, inspect the plumbing code kept by the construction occupations registrar whenever the registrar’s office is open for business.
44G	Certified copies of plumbing code
In a proceeding before a court or the ACAT, evidence of the plumbing code as in force on a stated date or during a stated period may be given by the production of a copy of the plumbing code certified by the construction occupations registrar as a true copy as at the date or during the period.
84	Sections 45A and 46
omit
85	Part 5A (as amended)
renumber as part 7
86	Dictionary, definitions of ACT plumbing code and Australian Standard 3500
omit
87	Dictionary, definition of fire sprinkler service
omit
Australian Standard 3500
substitute
the plumbing code
88	Dictionary, definition of plumbing code
substitute
plumbing code—see section 44C. 
89	Dictionary, definition of sanitary drain, paragraph (b) (ii)
substitute
	(ii)	a thing mentioned in paragraph (a)—
	(A)	that is part of a sewerage network for which there is a responsible utility; or
	(B)	that is intended by a utility, or by an entity that has an arrangement (however described) with a utility in relation to the thing, to become part of a sewerage network for which the utility is the responsible utility.
90	Dictionary, definition of water service, paragraph (c) (ii)
substitute
	(ii)	part of a water network; or
	(iii)	water supply pipework that is intended by either of the following to become part of a water network, if the water network is a water network for which there is a responsible utility:
	(A)	the responsible utility;
	(B)	an entity that has an arrangement (however described) with the responsible utility in relation to the pipework.

Part 11	Water and Sewerage Regulation 2001
91	Section 6 heading
substitute
6	Sanitary plumbing and sanitary drainage—work to conform to plumbing code
92	Section 6 (1)
omit
Australian Standard 3500
substitute
the plumbing code
93	Section 6 (2)
omit
MP52
substitute
the plumbing code
94	Section 6 (3) (a)
substitute
	(a)	the requirements of the plumbing code are inconsistent with standards mentioned in this regulation; and
95	Testing of sanitary plumbing and drains
Section 9 (1)
omit
Australian Standard 3500
substitute
AS/NZS 3500
96	Section 9 (4)
omit
Australian Standard 3500
substitute
the plumbing code
97	Notification after completion of work
Section 10 (2)
omit
Australian Standard 3500
substitute
the plumbing code
98	Requirements for toilets—Act, s 17 (1) (b)
Section 16 (1)
omit
dual-flush 6/3L cistern
substitute
dual-flush reduced volume cistern
99	Section 16 (2), definition of dual-flush 6/3L cistern
omit
100	Section 16 (2), new definition of dual-flush reduced volume cistern
insert
dual-flush reduced volume cistern means a cistern that has the capacity to—
	(a)	give an effective full-flush not exceeding 7L and for test purposes 6L; and
	(b)	give an effective half-flush not exceeding 4L and for test purposes 3L.
101	Retrofitting backflow prevention devices
Section 16D
omit
Australian Standard 3500
substitute
the plumbing code
102	Section 18 heading
substitute
18	Water supply—work to conform to plumbing code
103	Section 18 (1) (a)
omit
Australian Standard 3500
substitute
the plumbing code
104	Section 18 (2) (a)
substitute
	(a)	the requirements of the plumbing code are inconsistent with standards mentioned in this regulation; and
105	Testing of water plumbing
Section 20 (1)
omit
Australian Standard 3500
substitute
AS/NZS 3500
106	Section 20 (4)
omit
Australian Standard 3500
substitute
the plumbing code
107	Notification after completion of work—water services
Section 21
omit
Australian Standard 3500
substitute
the plumbing code
108	Backflow prevention device
Section 22 (3)
omit
Australian Standard 3500
substitute
the plumbing code
109	Section 22 (7), definition of suitably qualified person
substitute
suitably qualified person means a person who holds a current plumbers licence that is endorsed under the Construction Occupations (Licensing) Regulation 2004, section 31 (Endorsing plumbers licences for backflow prevention device test work—Act, s 22).
110	Application of plumbing code—hot-water system standard—Act, s 45A (2)
Section 28
omit
111	Hot-water system standard
Schedule 2
omit
112	Dictionary, note 4
omit
·	Australian Standard 3500
113	Dictionary, new definition of AS/NZS 3500
insert
AS/NZS 3500 means AS/NZS 3500 (Plumbing and drainage set), as in force from time to time.
Note	AS/NZS 3500 may be purchased at www.standards.org.au.
114	Dictionary, definitions of building, class and hot-water system standard
omit

Schedule 1	Construction Occupations (Licensing) Regulation 2004—Consequential amendments
    
(see s 3)
[1.1]	Schedule 2, part 2.1, item 2.1.32, columns 1 to 3
substitute
2.1.32	fail to comply with Building Act 2004, s 43 (3)—proceeded beyond stage of building work without giving written notice to certifier or without certifier’s written permission to proceed	failure to give written notice to certifier about reaching inspection stage or obtain written permission before proceeding	
[1.2]	Schedule 2, part 2.3, items 2.3.1 to 2.3.9, columns 1 to 3
substitute
2.3.1	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP2.1 (a)—sanitary drainage system designed, constructed or installed in way that failed to convey sewage from sanitary plumbing system to approved disposal system or in manner that creates undue noise	creation of sanitary drainage system that fails to convey sewage from sanitary plumbing system to approved disposal system or in way that creates undue noise	
2.3.2	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP2.1 (b)—sanitary drainage system designed, constructed or installed in way that failed to avoid likelihood of blockage or leakage	creation of sanitary drainage system with likelihood of blockage or leakage	
2.3.3	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP2.1 (c)—sanitary drainage system designed, constructed or installed in way that failed to avoid likelihood of root penetration	creation of sanitary drainage system with likelihood of root penetration	
2.3.4	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP2.1 (d)—sanitary drainage system designed, constructed or installed in way that failed to provide adequate access for maintenance or clearing blockages	creation of sanitary drainage system without adequate access for maintenance or clearing blockages	
2.3.5	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP2.1 (e)—sanitary drainage system designed, constructed or installed in way that failed to provide ventilation to avoid likelihood of foul air or gases accumulating in the sanitary drainage system or sewerage system	creation of sanitary drainage system without adequate ventilation of foul air or gases	
2.3.6	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP2.1 (f)—sanitary drainage system designed, constructed or installed in way that failed to avoid likelihood of damage from superimposed loads or ground movement	creation of sanitary drainage system with likelihood of damage from loads or ground movement	
2.3.7	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP2.1 (h)—sanitary drainage system designed, constructed or installed in way that failed to protect against internal contamination 	creation of sanitary drainage system without protection from contamination	
2.3.8	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP2.1 (i)—sanitary drainage system designed, constructed or installed in way that failed to avoid likelihood of ingress of surface water, sub-surface water or stormwater into sewerage system	creation of sanitary drainage system with likelihood of allowing entry of surface water, sub‑surface water or stormwater into sewerage system	
2.3.9	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP2.1 (k) or (l)—sanitary drainage system designed, constructed or installed in way that failed to avoid likelihood of damage to existing buildings, site works, the sewerage system or other approved disposal system	creation of sanitary drainage system with likelihood of damaging existing building, site works, sewerage system or other approved disposal system	
[1.3]	Schedule 2, part 2.3, item 2.3.13, column 2
omit
AS 3500
substitute
AS/NZS 3500
[1.4]	Schedule 2, part 2.3, item 2.3.15, column 2
omit
AS 3500
substitute
the plumbing code
[1.5]	Schedule 2, part 2.6, items 2.6.1 to 2.6.7, columns 1 to 3
substitute
2.6.1	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP1.1 (b)—sanitary plumbing system designed, constructed or installed in way that failed to avoid likelihood of loss of amenity because of blockage or leakage	creation of sanitary plumbing system with likelihood of loss of amenity because of blockage or leakage	
2.6.2	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP1.1 (c)—sanitary plumbing system designed, constructed or installed in way that failed to avoid likelihood of ingress of inappropriate water, sewage, sullage, foul air or gases from the system into a building	creation of sanitary plumbing system with likelihood of inappropriate water, sewage, sullage, foul air or gas entering a building	
2.6.3	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP1.1 (d)—sanitary plumbing system designed, constructed or installed in way that failed to provide adequate access for maintenance of mechanical components, operational controls or for clearing blockages	creation of sanitary plumbing system without adequate access for maintenance of mechanical components, operational controls or clearing blockages	
2.6.4	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl CP1.1 (e)—sanitary plumbing system designed, constructed or installed in way that failed to avoid likelihood of damage from superimposed loads, ground movement or root penetration	creation of sanitary plumbing system with likelihood of damage from loads, ground movement or root penetration	
2.6.5	fail to comply with Water and Sewerage Regulation 2001, s 18 (1), performance requirement under plumbing code cl B1.2 (a)—cold water service designed, constructed or installed in way that failed to avoid likelihood of contamination of drinking water within the water service or water network	creation of cold water service with likelihood of contamination of drinking water in cold water service or water network	
2.6.6	fail to comply with Water and Sewerage Regulation 2001, s 18 (1), performance requirement under plumbing code cl B1.2 (f)—cold water service designed, constructed or installed in way that failed to allow the system, appliances or backflow prevention devices to be isolated for testing or maintenance where required	creation of cold water service without allowance for system, appliances or backflow prevention devices to be isolated for testing or maintenance	
2.6.7	fail to comply with Water and Sewerage Regulation 2001, s 18 (1), performance requirement under plumbing code cl B1.2 (c)—cold water service designed, constructed or installed in way that failed to avoid likelihood of leakage or failure, including uncontrolled discharges	creation of cold water service with likelihood of leakage or failure	
[1.6]	Schedule 2, part 2.6, item 2.6.9, column 2, paragraph (b)
substitute
	(b)	installed a thing to which the plumbing code, part G applies and the thing was not certified under the part
[1.7]	Schedule 2, part 2.6, item 2.6.9, column 3
substitute
failure to provide service as directed by registrar or installed thing not certified under plumbing code, part G	
[1.8]	Schedule 2, part 2.6, item 2.6.11, column 2
omit
AS 3500
substitute
AS/NZS 3500
[1.9]	Schedule 2, part 2.6, item 2.6.13, column 2
omit
AS 3500
substitute
the plumbing code
[1.10]	Schedule 2, part 2.6, item 2.6.18, column 2
omit
AS 3500
substitute
AS/NZS 3500
[1.11]	Schedule 2, part 2.6, item 2.6.20, column 2
omit
AS 3500
substitute
the plumbing code
[1.12]	Schedule 2, part 2.7, item 2.7.2, column 2
substitute
fail to comply with Water and Sewerage Act 2000, s 8 (2) (e)—certifier issued plan approval for proposed plumbing or sanitary drainage work, or approved amendment plan, where design of work did not comply with the plumbing code	

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 6 June 2013.
2	Notification
	Notified under the Legislation Act on	2013.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2013