EXPOSURE DRAFT
Ms Amanda Bresnan
(Prepared by Parliamentary Counsel’s Office)
Environment and Construction Occupations Legislation (Wood Heaters) Amendment Bill 2012

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Constructions Occupations (Licensing) Act 2004
	4	New section 87A	3
Part 3	Constructions Occupations (Licensing) Regulation 2004
	5	Demerit grounds for occupational discipline
Schedule 2, part 2.1, new item 2.1.33	5
Part 4	Environment Protection Act 1997
	6	New section 167	6
	7	Definitions for sch 2
Schedule 2, section 2.1, definition of AS 4013	6
	8	Schedule 2, section 2.1, definition of solid fuel‑burning equipment	7
	9	Sale of solid fuel-burning equipment
Schedule 2, section 2.4 (1)	7
	10	Schedule 2, section 2.4 (3) to (5)	8
	11	Interference with solid fuel-burning equipment or attached plates
Schedule 2, section 2.5 (1)	8
	12	Certain offences may be dealt with summarily
Schedule 2, section 2.14 (1)	9
	13	Dictionary, definition of AS 4013	9

EXPOSURE DRAFT
Ms Amanda Bresnan
(Prepared by Parliamentary Counsel’s Office)
Environment and Construction Occupations Legislation (Wood Heaters) Amendment Bill 2012

A Bill for
An Act to amend legislation about the environment and construction occupations

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Environment and Construction Occupations Legislation (Wood Heaters) Amendment Act 2012.
2	Commencement
	(1)	This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
	(2)	If this Act has not commenced within 1 year beginning on its notification day, it automatically commences on the first day after that period.
	(3)	The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.
3	Legislation amended
This Act amends the following legislation:
·	Constructions Occupations (Licensing) Act 2004
·	Constructions Occupations (Licensing) Regulation 2004
·	Environment Protection Act 1997.

Part 2	Constructions Occupations (Licensing) Act 2004
4	New section 87A
insert
87A	Builder must not install certain solid fuel-burning equipment on residential premises
	(1)	A person commits an offence if the person—
	(a)	is a licensee in the construction occupation of builder; and
	(b)	installs prohibited solid-fuel burning equipment on residential premises.
Maximum penalty:  10 penalty units.
	(2)	In this section:
compliant solid fuel-burning equipment—see the Environment Protection Act 1997, schedule 2, section 2.4 (5).
prohibited solid fuel-burning equipment means solid fuel-burning equipment that—
	(a)	is not included in the list mentioned in the Environment Protection Act 1997, schedule 2, section 2.4 (3); and
	(b)	is not prescribed under the Environment Protection Act 1997, schedule 2, section 2.4 (1) (a) (Sale of solid fuel-burning equipment); and
	(c)	is not compliant solid fuel-burning equipment.
residential premises—see the Environment Protection Act 1997, schedule 2, section 2.1.
solid fuel-burning equipment—see the Environment Protection Act 1997, schedule 2, section 2.1.

Part 3	Constructions Occupations (Licensing) Regulation 2004
5	Demerit grounds for occupational discipline
Schedule 2, part 2.1, new item 2.1.33
insert
2.1.33	fail to comply with Act, s 87A—install prohibited solid fuel-burning equipment on residential premises	install prohibited solid fuel‑burning equipment 	3	

Part 4	Environment Protection Act 1997
6	New section 167
insert
167	Mutual Recognition Act and Trans-Tasman Mutual Recognition Act—temporary exemption
	(1)	Solid fuel-burning equipment are goods to which the following applies:
	(a)	the Mutual Recognition Act 1992 (Cwlth), section 15 (Temporary exemptions);
	(b)	the Trans-Tasman Mutual Recognition Act 1997 (Cwlth), section 46 (Temporary exemptions).
	(2)	This section expires 1 year after the day it commences.
	(3)	In this section:
solid fuel-burning equipment—see schedule 2, section 2.1.
7	Definitions for sch 2
Schedule 2, section 2.1, definition of AS 4013
substitute
AS/NZS 4012 means AS/NZS 4012 ‘Domestic solid fuel burning appliances—Method for determination of power output and efficiency’ as in force from time to time.
Note	AS/NZS 4012 may be purchased at www.standards.org.au.
AS/NZS 4013 means AS/NZS 4013 ‘Domestic solid fuel burning appliances—Method for determination of flue gas emission’ as in force from time to time.
Note	AS/NZS 4013 may be purchased at www.standards.org.au.
8	Schedule 2, section 2.1, definition of solid fuel‑burning equipment
omit
AS 4013
substitute
AS/NZS 4013
9	Sale of solid fuel-burning equipment
Schedule 2, section 2.4 (1)
substitute
	(1)	A person must not sell solid fuel-burning equipment for use on residential premises unless the equipment is—
	(a)	prescribed by regulation; or
	(b)	included in the list mentioned in section 2.4 (3); or
	(c)	compliant solid fuel-burning equipment.
10	Schedule 2, section 2.4 (3) to (5)
substitute
	(3)	The authority must make a list of compliant solid fuel-burning equipment at least every 6 months.
	(4)	Each list is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	In this section:
appliance particulate emission factor—see AS/NZS 4013.
compliant solid fuel-burning equipment means equipment that—
	(a)	complies with AS/NZS 4013, other than the maximum allowable appliance particulate emission factor stated in it; and
	(b)	has an appliance particulate emission factor not greater than 1.0g/kg (for equipment with or without a catalytic combustor); and
	(c)	has an overall efficiency of not less than 65%.
overall efficiency—see AS/NZS 4012.
11	Interference with solid fuel-burning equipment or attached plates
Schedule 2, section 2.5 (1)
omit
AS 4013, section 10
substitute
AS/NZS 4012 or AS/NZS 4013
12	Certain offences may be dealt with summarily
Schedule 2, section 2.14 (1)
substitute
	(1)	A proceeding for an indictable offence against this schedule may be heard and decided by the Magistrates Court.
13	Dictionary, definition of AS 4013
substitute
AS/NZS 4012, for schedule 2 (Specific offences)—see schedule 2, section 2.1.
AS/NZS 4013, for schedule 2 (Specific offences)—see schedule 2, section 2.1.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2012.
2	Notification
	Notified under the Legislation Act on	2012.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.