EXPOSURE DRAFT
(Prepared by Parliamentary Counsel’s Office)
Construction Occupations (Licensing) Bill 2003

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Dictionary	2
	4	Notes	3
	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
	8	What is a builder?	5
	9	What is a building surveyor?	5
	10	What is a drainer?	5
	11	What is an electrician?	7
	12	What is a gasfitter?	9
	13	What is a plumber?	9
	14	What is a plumbing plan certifier?	12
	15	Classes of construction occupations	13
	16	What is an operational Act?	13
Part 3	Construction practitioners licences
Division 3.1	General
	17	Licence applications	14
	18	Eligibility for licence	15
	19	Decision on licence application	15
	20	Multiple occupations, classes and authorisation	16
	21	Licence conditions	16
	22	Endorsements on licences	17
	23	Form of licence	17
	24	Term of licence	18
	25	Licence renewal	18
	26	Voluntary licence cancellation	18
Division 3.2	Nominees
	27	Nominees of corporations and partnerships	19
	28	Resignation of nominee	20
	29	Role of nominees	21
	30	Legislation Act and nominee appointments	22
Part 4	Obligations on licensees
Division 4.1	Compulsory meetings
	31	Meaning of compulsory meeting for div 4.1	23
	32	Decision to call compulsory meeting	23
	33	Notice of compulsory meeting	23
	34	Requirement to attend compulsory meeting	24
Division 4.2	Rectification orders
	35	Meaning of authorised licensee and authorised action in div 4.2	24
	36	Intention to make rectification order	25
	37	When rectification order may be given	25
	38	Rectification order inappropriate	26
	39	Rectification orders	27
	40	Emergency rectification order	28
	41	Rectification order offence	29
	42	Failure to comply with order	29
	43	Action on emergency rectification order	30
	44	Hindering or obstructing authorised licensee	31
	45	Damage etc by authorised licensee to be minimised	31
	46	Compensation	32
	47	Protection of authorised licensees from liability	32
Division 4.3	Other requirements
	48	Licensee to give evidence of insurance	33
Part 5	Automatic licence suspension and disciplinary action
Division 5.1	Automatic licence suspension
	49	Automatic suspension of individual licence	35
	50	Automatic suspension of corporate licence	35
	51	Automatic suspension of partnership licence	36
	52	Automatic suspension of building surveyor licence	36
	53	Automatic suspension of plumbing plan certifier licence	36
	54	End of automatic licence suspension	37
Division 5.2	Disciplinary action by registrar
	55	Disciplinary grounds	38
	56	When disciplinary notice may be given	39
	57	Disciplinary notices	39
	58	Interim licence suspension	40
	59	Effect of interim suspension	41
	60	Revocation of interim suspension	41
	61	Decision about disciplinary action	42
	62	Disciplinary action	42
	63	Building licence affected by disciplinary or other action	43
	64	Public notice of decision	44
	65	Effect of non-renewal on suspended licence	45
Division 5.3	Disciplinary inquiries
	66	Notice of inquiry	45
	67	Inquiry procedure	46
	68	Evidence at inquiry	46
	69	Legal representation at inquiry	46
	70	Advisory board assistance at inquiry	47
	71	Registrar may require appearance, information or documents	47
	72	Witness expenses	48
	73	Contravention of requirement	48
Division 5.4	Miscellaneous
	74	Multiple occupation or class licences	48
	75	Requirement to return surrendered licence	49
Part 6	Enforcement
	76	Meaning of compliance auditor for pt 6	50
	77	Compliance auditors	50
	78	Role of compliance auditor	50
	79	Identity cards	51
	80	Functions not to be exercised before identity card shown	51
	81	Functions of compliance auditors	51
	82	Obstructing etc compliance auditors	53
Part 7	Offences
	83	Pretending to be licensed	54
	84	No nominee	54
	85	Advertising without details	55
	86	Certain entities not to provide construction services	55
	87	Allowing unlicensed people to provide construction service	56
	88	Surrender of licences	57
	89	Breach of licence conditions or codes	58
	90	Obstructing and hindering inquiry	59
	91	Notification of cancellation of insurance	59
Part 8	Demerit points system
	92	Definitions for pt 8	60
	93	Meaning of previous 3 years for pt 8	61
	94	Recording demerit points	61
	95	When demerit points are incurred	62
	96	Deleting demerit points	62
	97	Warning notices	63
	98	Consequences of incurring demerit points—licensees	63
	99	Consequences of incurring demerit points—applicant for issue or renewal of licence	64
	100	Licence suspension	65
	101	Licence disqualification	66
	102	Demerit points incurred but not taken into account for notice of licence suspension etc	67
	103	Issue of licence suspension notice etc	67
	104	Keeping demerit points register	67
	105	Security and disclosure of information in demerit points register	68
Part 9	Administration
	106	Construction occupations registrar	69
	107	Registrar’s functions	69
	108	Delegation by registrar	70
	109	Deputy registrars	70
	110	The register	70
	111	Recording rectification orders	71
	112	Recording contravention of rectification orders	71
	113	Recording interim licence suspension	72
	114	Report about disciplinary action	72
	115	Evidentiary certificates	72
Part 10	Advisory boards
	116	Establishment of advisory boards	74
	117	Constitution of advisory board	74
	118	Advisory board functions	75
Part 11	Complaints
	119	Who may complain?	76
	120	Form of complaint	76
	121	Withdrawal of complaints	76
	122	Further information about complaint etc	77
	123	Investigation of complaint	77
	124	No further action	77
	125	Action after investigating complaint	78
Part 12	Miscellaneous
	126	Review of decisions	79
	127	Protection of registrar, advisory boards etc	79
	128	Determination of fees	80
	129	Approved forms	80
	130	Regulation-making power	80
Part 13	Repeal and transitional provisions
Repeal and transitional provisions
	131	Meaning of repealed Act for pt 13	82
	132	Act repealed	82
	133	Application of rectification orders	82
	134	Transitional regulations	82
	135	Expiry of pt 13	83
Dictionary		84

EXPOSURE DRAFT
(Prepared by Parliamentary Counsel’s Office)
Construction Occupations (Licensing) Bill 2003

A Bill for
An Act to regulate construction occupations, 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 Occupations (Licensing) Act 2003.
2	Commencement
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)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
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 ‘operational Act—see section 16.’ means that the term ‘operational Act’ is defined in that section.
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)	builder;
	(b)	building surveyor;
	(c)	drainer;
	(d)	electrician;
	(e)	gasfitter;
	(f)	plumber;
	(g)	plumbing plan certifier.
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 supervision of building work.
Note	building work—see dict.
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 1972.
Note	The Building Act 1972 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 drain—
	(a)	means a pipe, conduit or fitting, or device directly connected to 1 or more of them, that—
	(i)	is installed in or on the ground (or partly in and partly on the ground) and is used, or for use, in relation to the drainage of a single building, or the drainage of 2 or more buildings by a combined drainage operation; and
	(ii)	is, or is to be, indirectly or directly connected to a sewerage network, a septic tank, on-site sewerage treatment unit or other receptacle for sewage; but
	(b)	does not include—
	(i)	a grey-water irrigation hose used, or for use, in relation to the carrying of grey water directly to a grey-water irrigation area; or
	(ii)	part of a sewerage network.
sanitary drainage work—
	(a)	means the installation, replacement, augmentation, curtailing, maintenance, repair, or alteration of the location of all or part, of a sanitary drain; but
	(b)	does not include—
	(i)	inspecting a sanitary drain, clearing a blockage or obstruction of the drain, or cleaning the drain, unless the inspecting, clearing or cleaning involves damage to, or removal of part of, the sanitary drain or is done for reward; or
	(ii)	the operation of a grey-water diverter.
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 installation—
	(a)	means electrical wiring or cable used or for use in carrying or controlling electricity (other than extra-low voltage electricity); and
	(b)	includes—
	(i)	a wiring system, switchgear, control gear, electrical accessory, electrical appliance, or fitting, that is used or for use in the conversion, storage, transmission, distribution or use of electrical energy and connected to wiring or cable; and
	(ii)	a switch, fuse, plug, socket outlet, lighting outlet, adaptor, ceiling rose or other device associated with wiring, a switchboard, or an appliance, mentioned in subparagraph (i); and
	(iii)	a consuming device in which electricity is converted into heat, motion or another form of energy, or is substantially changed in its electrical character; and
	(iv)	support for electrical wiring or cable; but
	(c)	does not include—
	(i)	a generator or storage device supplying, or for the supply of, electricity to the installation; or
	(ii)	an appliance that receives, or is intended to receive, its main electricity supply through a socket connection; or
	(iii)	a lamp; or
	(iv)	an electricity network or part of a network; or
	(v)	telecommunications cabling or equipment that operates or is intended to operate at a voltage of 90V a.c. or lower.
electricity network—see the Utilities Act 2000, section 7.
electrical wiring work—
	(a)	means the installation, replacement, augmentation, curtailing, maintenance, repair, or alteration of the location of all or part of, an electrical installation, other than—
	(i)	an electrical installation that operates at extra low voltage; or
	(ii)	telecommunications cabling or equipment that operates at a voltage not greater than 90V a.c.; but
	(b)	does not include—
	(i)	plugging a plug into a socket outlet, or unplugging it; or
	(ii)	fitting a lamp to a lighting outlet or removing it; or
	(iii)	fitting, removing or replacing a fuse or fuse wire if the fuse or wire cannot sustainedly conduct more than 30A.
extra low voltage means voltage of not more than 50V a.c. or 120V ripple-free d.c.
incidental electrical work—see the Electricity Safety Act 1971, section 3 (1).
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:
backflow prevention device means a device to prevent the reverse flow from a potentially polluted source into a water supply system for water suitable for human consumption.
fire sprinkler service means the part of water supply pipework from fire sprinklers to the place where a backflow prevention device must be installed to comply with AS 3500 to prevent backflow from the pipework directly serving the fire sprinklers.
fire sprinkler work means the installation, replacement, augmentation, curtailing, maintenance, repair, or alteration of the location of all or part, of a fire sprinkler service.
hot-water system means—
	(a)	a water heater connected to a water service; and
	(b)	the equipment and materials connected to a water service that are necessary to provide a supply of hot water.
irrigation means the supplying of water for—
	(a)	growth, cooling, treating, humidifying and frost protection of vegetation; and
	(b)	water replenishment of the soil.
irrigation system—
	(a)	means the part of water supply pipework from a water network to outlets for irrigation; but
	(b)	does not include part of a water network.
sanitary plumbing—
	(a)	means a pipe, fitting, fixture or water appliance that is not in or in contact with the ground and that is used, or for use, in relation to the collecting or carrying of sewage to a sanitary drain; and
	(b)	includes a fitting used, or for use, in the diversion of grey water, or for the direct connection of a grey-water irrigation hose; but
	(c)	does not include a grey-water irrigation hose used, or for use, in relation to the carrying of grey water directly to a grey-water irrigation area.
sanitary plumbing work—
	(a)	means the installation, replacement, augmentation, curtailing, maintenance, repair, or alteration of the location of all or part, of sanitary plumbing; but
	(b)	does not include—
	(i)	inspecting sanitary plumbing, clearing a blockage or obstruction of the plumbing or cleaning the plumbing unless the inspecting, clearing or cleaning involves damage to, or removal of part of, the sanitary plumbing or is done for reward; or
	(ii)	the operation of a grey-water diverter.
sewage—
	(a)	means waste water from the community, including faecal matter, urine and household and commercial waste water that contains human waste; but
	(b)	does not include stormwater.
stormwater means surface water, subsoil water and runoff caused by rainfall on roof areas.
water appliance—
	(a)	means an apparatus or machine that—
	(i)	is connected to a water service outlet or hot-water system outlet; and 
	(ii)	has an outlet to drain waste water, or to draw off water processed, heated or cooled by the apparatus or machine; but
	(b)	does not include an apparatus or machine if—
	(i)	the connection is to a water service outlet that is a tap; and
	(ii)	the connection is a temporary hand connection.
water network—see the Utilities Act 2000, section 12.
water service—
	(a)	means the part of the water supply pipework used, or for use, for water supply from a primary water source up to and including outlet valves at fixtures and water appliances; and
	(b)	includes an irrigation system; but
	(c)	does not include a fire sprinkler system or part of a water network.
water supply plumbing work—
	(a)	means the installation, replacement, augmentation, curtailing, maintenance, repair, or alteration of the location of all or part, of a water service or a hot-water system; and
	(b)	includes fire sprinkler work; but
	(c)	does not include removing a washer or something similar from a tap or valve, or repairing or fitting the washer or the similar thing, unless the removal, repair or fitting involves damage to part of—
	(i)	a water service; or
	(ii)	a hot-water system; or
	(iii)	an irrigation system; or
	(iv)	a fire sprinkler system.
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:
·	the Building Act 1972
·	the Electricity Safety Act 1971
·	the Gas Safety Act 2000
·	the 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 129 for an application, the form must be used.
Note 2	A fee may be determined under s 128 for this section.
Note 3	A person’s entitlement to apply for a licence may be affected by a disqualification (see s 101 (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
by requiring the applicant to hold a qualification
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 101 (Licence disqualification).
	(4)	If disciplinary action against an applicant or a nominee of an applicant is being taken under this Act, the registrar need not decide whether to licence the applicant until the disciplinary action, and any appeal or review arising from the disciplinary action, 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	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 different construction services (whether in a different construction occupation or occupation class or otherwise) provided by it; and
	(c)	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.
28	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 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.
29	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, the operational Acts and the Occupational Health and Safety Act 1989.
	(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, the operational Acts and the Occupational Health and Safety Act 1989.
Maximum penalty: 50 penalty units.
	(3)	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, the operational Acts and the Occupational Health and Safety Act 1989.
Maximum penalty: 50 penalty units.
	(4)	An offence against this section is a strict liability offence.
30	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	Obligations on licensees
Division 4.1	Compulsory meetings
31	Meaning of compulsory meeting for div 4.1
In this division:
compulsory meeting means a meeting called under section 33.
32	Decision to call compulsory meeting
	(1)	The registrar may call a compulsory meeting for a construction occupation or occupation class if satisfied that there has been a significant change in the operational requirements for the occupation or class.
Examples of significant change
There has been a major change in a relevant Australian Standard, the requirements under this Act or the building code.
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 consult with the advisory panel for the construction occupation to decide whether to call a compulsory meeting for the occupation or occupation class.
33	Notice of compulsory meeting
	(1)	This section applies if the registrar decides to call a compulsory meeting for a construction occupation or occupation class.
	(2)	The registrar must give written notice of the compulsory meeting to the licensees in the occupation or occupation class.
	(3)	If it is not possible to give written notice to each licensee in the construction occupation or occupation class because of the urgency of the case or for some other good reason, the registrar may instead publish notice of the meeting in a daily ACT newspaper.
	(4)	In addition to publishing notice under subsection (3), the registrar may take any other action the registrar considers appropriate to give the licensees notice of the compulsory meeting.
34	Requirement to attend compulsory meeting
	(1)	If the registrar calls a compulsory meeting for a construction occupation or occupation class, each licensee in the occupation or class must attend the meeting.
	(2)	If a licensee does not attend the compulsory meeting, the licensee must tell the registrar in writing why the licensee did not attend.
	(3)	The registrar may arrange a further meeting for a licensee that did not attend the compulsory meeting and, if the licensee attends the further meeting, the licensee is not taken to have failed to attend the compulsory meeting.
Division 4.2	Rectification orders
35	Meaning of authorised licensee and authorised action in div 4.2
In this division:
authorised action, for an authorised licensee, means what the licensee is authorised to do under section 42 (Failure to comply with order) or section 43 (Action on emergency rectification order).
authorised licensee means a licensee authorised under section 42 or section 43.
36	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
a licensed builder does building work
a drainer who was licensed, does sanitary drainage work while unlicensed
a licensed gasfitter does gasfitting work and then becomes unlicensed
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 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.
37	When rectification order may be given
	(1)	This section applies if—
	(a)	the registrar has given an entity (other than the land owner) notice under section 36; and
	(b)	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.
	(2)	The registrar may make an order under section 39 in relation to the entity.
38	Rectification order inappropriate
	(1)	This section applies if the registrar—
	(a)	has given an entity (other than the land owner) notice under section 36 (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 it is appropriate to make a rectification order in relation to the entity because of the relationship between the entity and the land owner.
	(2)	The Territory may, in writing, authorise a licensee to enter the land where the work to which the notice under section 36 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 Administrative Appeals Tribunal Act 1989—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.
39	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 111).
	(5)	A copy of the rectification order must be given to the land owner.
40	Emergency rectification order
	(1)	The registrar may make a rectification order (an emergency rectification order) under section 39 in relation to a licensee or former licensee (the entity), without giving the entity notice under section 36, 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 36 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 whom 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.
41	Rectification order offence
An entity must not contravene a rectification order given to the entity.
Maximum penalty: 200 penalty units.
42	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 Administrative Appeals Tribunal Act 1989—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.
43	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 40 (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.
44	Hindering or obstructing authorised licensee
	(1)	An entity commits an offence if—
	(a)	the entity knows someone else 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, imprisonment for 6 months or both.
	(2)	Strict liability applies to subsection (1) (b).
45	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 whom 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.
46	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.
47	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 disciplinary action being taken against an authorised licensee in relation to authorised action done by the licensee.
Division 4.3	Other requirements
48	Licensee to give evidence of insurance
	(1)	This section applies in relation to any insurance that, under the regulations, a licensee must hold.
	(2)	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.
	(3)	The licensee may ask the client to sign an acknowledgment that the client has been told about the licensee’s insurance.
	(4)	The acknowledgment must state the time and date it was given.
Note	If a form is approved under s 129 for an acknowledgment, the form must be used.
	(5)	If the client signs the acknowledgment, the licensee must immediately give the client a copy of it.
	(6)	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.
	(7)	In this section:
evidence of insurance includes a fidelity certificate.
fidelity certificate—see the Building Act 1972, section 59.

Part 5	Automatic licence suspension and disciplinary action
Division 5.1	Automatic licence suspension
49	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 applies to take the benefit of any law for the relief of insolvent debtors.
50	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.
51	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.
52	Automatic suspension of building surveyor licence
	(1)	This section applies if a person who is a licensed building surveyor stops being eligible to be a building surveyor because the person is not insured in accordance with the regulations.
	(2)	The person’s building surveyor licence is automatically suspended when the insurance cover stops.
53	Automatic suspension of plumbing plan certifier licence
	(1)	This section applies if a person who is a licensed plumbing plan certifier stops being eligible to be a plumbing plan certifier because the person is not insured in accordance with the regulations.
	(2)	The person’s plumbing plan certifier licence is automatically suspended when the insurance cover stops.
54	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 49 (Automatic suspension of individual licence);
·	section 50 (Automatic suspension of corporate licence);
·	section 51 (Automatic suspension of partnership licence);
·	section 52 (Automatic suspension of building surveyor licence);
·	section 53 (Automatic suspension of plumbing plan certifier 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 65).
Division 5.2	Disciplinary action by registrar
55	Disciplinary grounds
	(1)	Each of the following is a disciplinary ground 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)	the licensee contravened, or is contravening, the Occupational Health and Safety Act 1989;
	(e)	if the licensee is an individual—the licensee has compounded with creditors or made an assignment of remuneration for their benefit;
	(f)	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;
	(g)	if the licensee is a corporation or partnership—the licensee has, or had, no nominee;
	(h)	the licensee’s licence has been automatically suspended under division 5.1 (Automatic licence suspension) and the cause of the suspension still exists.
	(2)	A disciplinary ground applies to a former licensee if the disciplinary ground applied to the former licensee while licensed.
56	When disciplinary notice may be given
If the registrar is satisfied that a disciplinary ground exists, or may exist, in relation to a licensee or former licensee, the registrar may give the licensee or former licensee a disciplinary notice.
57	Disciplinary notices
	(1)	A notice (a disciplinary notice) given to a licensee or former licensee must—
	(a)	state each disciplinary ground which caused the notice to be given; and
	(b)	if the disciplinary ground is that 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)—describe the contravention or, if a short description is prescribed under the regulations for the contravention, give the short description; and
	(c)	if the disciplinary ground is not the ground mentioned in paragraph (b)—state details of each ground that the registrar is satisfied would allow a reasonable person to identify the circumstances that give rise to the ground; and
	(d)	tell the licensee or former licensee that he or she may, within 12 business days after the day the licensee is given the notice, give a written response to the registrar about the matters in the notice.
	(2)	If a notice mentions a ground based on a construction service provided or not provided, or alleged to have been provided or not provided, the registrar may give a copy of the notice to—
	(a)	the owner of any premises to which the service relates; and
	(b)	to any certifier appointed under the Building Act 1972, section 31 (Appointment of certifier) in relation to the service.
58	Interim licence suspension
	(1)	This section applies if the registrar has given, or proposes to give, a disciplinary notice to a licensee.
	(2)	The registrar may suspend (an interim suspension) the licensee’s licence by written notice given to the licensee.
Note	For how documents may be served, see Legislation Act, pt 19.5.  Under that part, a person’s business address is the last address shown in the administering authority’s records for the person (see Legislation Act, s 246, def business address).
	(3)	However, the registrar may only suspend the licence under subsection (2) if—
	(a)	the registrar has taken into account the circumstances leading to the decision to send the disciplinary notice and the grounds stated, or to be stated, in the notice; and
	(b)	the registrar believes, on reasonable grounds, that it is in the public interest to suspend the licence before making a decision under section 61.
	(4)	An interim suspension may be for a period of 2 weeks or shorter, 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 113).
59	Effect of interim suspension
	(1)	This section applies if the registrar suspends a licence under section 58.
	(2)	The licence is suspended as soon as the licensee receives the notice.
	(3)	The suspension ends when the earlier of the following happens:
	(a)	the licensee receives a notice of revocation under section 60;
	(b)	the registrar makes a decision under section 61 in relation to the licensee.
60	Revocation of interim suspension
	(1)	This section applies if the registrar suspends a licence under section 58.
	(2)	The registrar may, at any time before making a decision under section 61, 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 person notified of the suspension under section 63.
61	Decision about disciplinary action
	(1)	This section applies if the registrar has given a licensee or former licensee a disciplinary notice.
	(2)	The registrar may take disciplinary action in relation to the licensee or former licensee if satisfied on reasonable grounds that a disciplinary ground is established in relation to the licensee or former licensee.
	(3)	In making a decision about whether to take disciplinary action in relation to the licensee or former licensee, the registrar—
	(a)	must take into account any response given to the registrar in accordance with the disciplinary notice; and
	(b)	may hold an inquiry under division 5.3 (Disciplinary inquiries).
	(4)	If the registrar takes disciplinary action against a licensee or former licensee—
	(a)	the registrar must notify the licensee or former licensee in writing about the registrar’s decision; and
	(b)	the action takes effect when the notice is given to the licensee or former licensee or on the later date stated in the notice.
62	Disciplinary action
	(1)	If the registrar may take disciplinary action in relation to a licensee or former licensee, the registrar may do 1 or more of the following:
	(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;
	(d)	order the licensee to pay to the Territory a financial penalty of not more than $1 000;
	(e)	suspend the licence for a stated period (whether longer than the remaining period of the licence or otherwise) or until a stated thing happens;
	(f)	cancel the licence;
	(g)	cancel the licence and disqualify the licensee from applying for a licence for a stated period or until a stated thing happens;
	(h)	disqualify the former licensee from applying for a licence for a stated period, until the former licensee completes a stated course to the satisfaction of a stated person or until a stated thing happens.
	(2)	If the registrar orders a licensee to pay a financial penalty under subsection (1) (d), the licensee owes the amount of the financial penalty to the Territory.
Note	Legislation Act, s 177 provides for recovery of amounts owing under laws.
63	Builder licence affected by disciplinary or other action
	(1)	This section applies if a licensee has a builder licence and—
	(a)	the registrar becomes aware that the licence has been automatically suspended under division 5.1; or
	(b)	the registrar suspends the licence under section 58 (Interim suspension of licence); or
	(c)	disciplinary action is taken against the licensee under section 62 (1) (c), (d), (e) or (f) in relation to the licence.
	(2)	The registrar must notify each building certifier, in writing, about the disciplinary action or other 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 taking of disciplinary action or other action; and
	(b)	the decision to take the action is reversed or the action is reversed, stayed, varied or set aside.
64	Public notice of decision
	(1)	If the registrar decides to take disciplinary action against a licensee or former licensee, the registrar may notify the public of the matters prescribed under the regulations by publishing those matters in relation to the decision in a daily ACT newspaper and in any other way the registrar considers appropriate.
	(2)	However, the decision may be publicly notified only if—
	(a)	the time for any review of the decision has ended and no application for appeal or review has been made; or
	(b)	an application for review has been made, the decision has been confirmed on review and the time for further appeal has ended.
	(3)	If the decision has been reversed or vacated, the decision must not be publicly notified.
	(4)	If the decision has been changed (for example, by substitution), this section applies in relation to the decision as changed.
65	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 entity who was 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.
Division 5.3	Disciplinary inquiries
66	Notice of inquiry
	(1)	If the registrar decides to hold an inquiry in relation to a licensee or former licensee under section 61 (3), the registrar must give the licensee or former licensee at least 2 weeks written notice of the inquiry.
	(2)	A notice under subsection (1) must—
	(a)	be accompanied by a copy of the disciplinary notice given to the licensee or former licensee; and
	(b)	state whether the registrar considers that any disciplinary ground no longer applies, or has changed, because of any written response made by the licensee or former licensee and, if a ground has changed, how the ground has changed; and
	(c)	explain that the inquiry may result in the taking of disciplinary action against the licensee or former licensee; and
	(d)	tell the licensee or former licensee where and when the inquiry will be held.
Note	If a form is approved under s 129 for a notice, the form must be used.
67	Inquiry procedure
	(1)	The registrar may decide any procedure for an inquiry that is not prescribed under this Act.
	(2)	The registrar may adjourn an inquiry.
68	Evidence at inquiry
	(1)	At an inquiry, the registrar—
	(a)	may take evidence on oath or affirmation; and
	(b)	is not bound by rules of evidence but may inform himself or herself in the way the registrar considers appropriate.
	(2)	At an inquiry, a licensee or former licensee whose actions are being inquired into may call witnesses.
69	Legal representation at inquiry
	(1)	A licensee or former licensee may be represented at an inquiry by a lawyer who may examine witnesses and address the registrar on behalf of the licensee or former licensee.
	(2)	The registrar may appoint a lawyer to examine witnesses in an inquiry and advise the registrar on any matter relating to the inquiry.
70	Advisory board assistance at inquiry
	(1)	This section applies if the registrar is satisfied that a matter to be considered at an inquiry in relation to a licensee or former licensee is complex or technical.
	(2)	The registrar may require the advisory board responsible for the construction occupation in which the licensee is, or former licensee was, licensed to advise the registrar in relation to the complex or technical issues.
71	Registrar may require appearance, information or documents
	(1)	For an inquiry, the registrar may require, in writing, a person to appear before the inquiry on a stated date—
	(a)	to give evidence; or
	(b)	to give evidence and produce any document or thing in the possession, custody or control of the person; or
	(c)	to produce any document or thing in the possession, custody or control of the person.
	(2)	The registrar may give a party to the inquiry leave, subject to any stated condition, to—
	(a)	inspect a document or thing produced under this section; and
	(b)	make copies of a produced document for the inquiry.
	(3)	A person is taken to have complied with a requirement under subsection (1) (c) if the person delivers the document or thing to the registrar before the date stated in the requirement.
	(4)	The registrar may set aside a requirement under subsection (1).
72	Witness expenses
	(1)	A requirement under section 71 (1) (a) or (b) must be accompanied by—
	(a)	an undertaking to appear to be signed by the person and returned to the registrar by the stated date; and
	(b)	a form to be completed by the person to claim the reasonable costs and expenses of attendance at the inquiry.
	(2)	A person is not entitled to refuse to comply with the requirement because the requirement was not accompanied by the form.
73	Contravention of requirement
	(1)	A person commits an offence if the person contravenes a requirement made of the person under section 71.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
Division 5.4	Miscellaneous
74	Multiple occupation or class licences
If a licensee is licensed in more than 1 construction occupation or more than 1 occupation class, the licence may be suspended or cancelled, or a condition varied or imposed, under this part in relation to a single occupation or occupation class, or each occupation or class, as the registrar considers appropriate.
Note	A licence may authorise the licensee to work in 1 or more construction occupations and 1 or more occupation classes (see s 20).
75	Requirement to return surrendered licence
	(1)	This section applies if an entity surrendered the entity’s licence because the licence was suspended.
	(2)	The registrar must return the licence to the licensee no 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
    
76	Meaning of compliance auditor for pt 6
In this part:
compliance auditor means a compliance auditor appointed under section 77.
77	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, div 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).
78	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.
79	Identity cards
	(1)	The registrar must issue a compliance auditor with an identity card that states the person is a compliance auditor for this Act, or stated provisions of this Act, and shows—
	(a)	a recent photograph of the person; and
	(b)	the name of the person or the particulars that are prescribed under the Magistrates Court Act 1930 as the identifying particulars for the person (or both); and
	(c)	the date of issue of the card; and
	(d)	a date of expiry for the card; and
	(e)	anything else prescribed under the regulations.
	(2)	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.
	(3)	An offence against this section is a strict liability offence.
80	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.
81	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
	(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.
82	Obstructing etc compliance auditors
	(1)	A person commits an offence if—
	(a)	the person is reckless about the fact that a person is a compliance auditor; and
	(b)	the person obstructs, hinders, intimidates or resists the compliance auditor in the exercise of the compliance auditor’s functions.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	Strict liability applies to subsection (1) (b).

Part 7	Offences
83	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, imprisonment for 6 months or both.
	(2)	An offence against this section is a strict liability offence.
84	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: 250 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: 250 penalty units, imprisonment for 6 months or both.
	(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 advertising or other offer; and
	(b)	reasonable precautions were taken and appropriate diligence was exercised to avoid the advertising or other offer.
	(4)	An offence against this section is a strict liability offence.
85	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 person’s full name and licence number in the advertisement.
Maximum penalty:  5 penalty units.
	(2)	An offence against this section is a strict liability offence.
86	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)	is not licensed in the occupation or class; and
	(c)	if the person has a licence—there is no endorsement on the licence that authorises the person to provide the service provided.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
	(2)	Subsection (1) does not apply if—
	(a)	an individual provides the service; 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.
	(3)	An offence against this section is a strict liability offence.
87	Allowing unlicensed people to provide construction service
	(1)	A person commits an offence if—
	(a)	the person allows someone else (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 knows the worker is not licensed to provide the service.
Maximum penalty:  50 penalty units.
	(2)	A person commits an offence if—
	(a)	the person allows someone else (the worker) to provide a construction service to 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:  20 penalty units.
	(3)	This section does not apply to an individual who 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)	the regulations allow the service to be provided by an individual without a licence if provided under the supervision of a licensee.
88	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 partnership does not surrender the licence 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 the partner took reasonable precautions and exercised appropriate diligence to avoid contravening subsection (2).
89	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 licensee commits an offence if the licensee contravenes a code of practice applicable to the licensee.
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.
	(5)	It is a defence to a prosecution for an offence against subsection (2) or (4) if the partner proves that the partner exercised appropriate diligence to prevent the conduct.
	(6)	An offence against this section is a strict liability offence.
90	Obstructing and hindering inquiry
	(1)	A person commits an offence if the person obstructs or hinders an inquiry or the registrar while holding an inquiry.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	An offence against this section is a strict liability offence.
91	Notification of cancellation of insurance
	(1)	An insurer commits an offence if—
	(a)	the insurer provides a policy of insurance to a person 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 person 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 92, def licensee).
92	Definitions for pt 8
In this part:
demerit disciplinary ground, in relation to a licensee—
	(a)	means a disciplinary ground in relation to the licensee for which the registrar may take disciplinary action under section 61 (Decision about disciplinary action); but
	(b)	does not include a disciplinary ground if—
	(i)	the disciplinary 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 94.
disciplinary incident, for a demerit disciplinary ground, means the circumstances that gave rise to the disciplinary ground.
infringement notice—see the Magistrates Court Act 1930, section 117.
licensee, in relation to a demerit disciplinary ground, includes a person who was licensed when the disciplinary incident for the demerit disciplinary ground happened.
93	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.
94	Recording demerit points
	(1)	If a demerit disciplinary ground 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 disciplinary ground.
	(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 disciplinary ground, means—
	(a)	the construction occupation in relation to 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.
95	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 disciplinary ground.
	(2)	A demerit point is taken to have been incurred by the licensee for the demerit disciplinary ground on the day when the registrar 1st becomes aware of the disciplinary incident.
96	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 100; or
	(b)	a notice of licence disqualification under section 101; or
	(c)	other disciplinary action allowed to be taken under section 98 (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.
97	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 6 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.
98	Consequences of incurring demerit points—licensees
	(1)	This section applies to a licensee if the licensee—
	(a)	has a licence; and
	(b)	incurred 10 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 100 on the licensee in relation to the licensee’s licence in the construction occupation; or
	(b)	serve a notice of licence disqualification under section 101 on the licensee in relation to the licensee’s licence in the construction occupation; or
	(c)	take any other disciplinary action against the licensee that 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.
99	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 10 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 101.
	(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.
100	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.
101	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.
102	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.
103	Issue of licence suspension notice etc
The registrar may give a notice of 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.
104	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 may 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.
105	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
106	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)	The appointment must not be for longer than 3 years.
107	Registrar’s functions
	(1)	The registrar has the following functions:
	(a)	to keep the register under this Act;
	(b)	to administer operational legislation;
	(c)	to decide applications in relation to licences;
	(d)	to require people to attend compulsory meetings;
	(e)	to maintain the standard of construction occupations by—
	(i)	acting on complaints made about construction practitioners, including by disciplining construction practitioners 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.
108	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 (Delegations).
109	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.
110	The register
	(1)	The registrar must keep a register of licensees.
	(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.
111	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 Administrative Appeals Tribunal Act 1989; or
	(b)	has applied for review of the decision but the AAT has not set aside the rectification order.
112	Recording contravention of rectification orders
	(1)	This section applies if—
	(a)	the registrar is satisfied that a person 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 person in writing that—
	(a)	the registrar proposes to include the details of the contravention in the register; and
	(b)	the person 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 person contravened the rectification order; and
	(b)	it is appropriate to include the details in the register.
113	Recording interim licence suspension
	(1)	If the registrar suspends a licence under section 58 (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.
114	Report about disciplinary action
The registrar must give to the Minister within 2 months after the end of each financial year a report that sets out the information prescribed under the regulations in relation to disciplinary action taken under this Act during the year.
115	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
116	Establishment of advisory boards
	(1)	The registrar may establish an advisory board for a construction occupation.
	(2)	An advisory board may, but need not, relate to more than 1 construction occupation.
117	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.
118	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 and disciplinary hearings 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
119	Who may complain?
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.
120	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 may accept a complaint for consideration even if it does not comply with subsection (1).
	(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.
121	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 125 (Action after investigating complaint) on the results of any action on the complaint.
122	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.
123	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 120).
124	No further action
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 122 (1) (see s 122 (4)).
125	Action after investigating complaint
	(1)	After investigating a complaint against a licensee or former licensee, the registrar must—
	(a)	if the registrar is satisfied that a disciplinary ground exists in relation to the complaint—
	(i)	give the licensee or former licensee a disciplinary notice; and
	(ii)	tell the complainant in writing that the notice has been given; or
	(b)	if the registrar is not satisfied that a disciplinary ground 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.
	(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 disciplinary ground exists in relation to the complaint.
Note	The registrar need not notify the complainant under subsection (1) if the complainant has withdrawn the complaint (see s 121).

Part 12	Miscellaneous
126	Review of decisions
	(1)	Application may be made to the AAT for review of an reviewable decision.
	(2)	The regulations may prescribe which decisions are reviewable decisions.
	(3)	If the registrar makes a reviewable decision, the registrar must give a written notice of the decision to each person affected by the decision.
	(4)	The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
127	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; or
	(c)	acting under the direction or authority of the registrar at an inquiry; or
	(d)	a public servant providing administrative assistance at an inquiry.
	(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.
128	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 (Making of certain statutory instruments about fees))
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
129	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	For other provisions about forms, see Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
130	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).

Part 13	Repeal and transitional provisions
131	Meaning of repealed Act for pt 13
In this part:
repealed Act means the Construction Practitioners Registration Act 1998, as in force immediately before the commencement of this part.
132	Act repealed
The Construction Practitioners Registration Act 1998 No 53 is repealed.
133	Application of rectification orders
For section 36 (Intention to make rectification order)—
	(a)	a reference to a licensee or former licensee includes a reference to a person who was registered under the repealed Act; and
	(b)	a construction service includes a construction service provided before the commencement of this part.
134	Transitional regulations
	(1)	The regulations may prescribe savings or transitional matters necessary or convenient to be prescribed because of the enactment of the Construction Occupations (Consequential Amendment) Act 2003 or this Act.
	(2)	The regulations may modify the operation of this Act to make provision with respect to any matter that is not, or not adequately, dealt with in this Act or the Construction Occupations (Consequential Amendment) Act 2003.
135	Expiry of pt 13
This part expires 1 year after the day it commences.

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:
·	entity
·	Legislation Act
·	under
·	working day.
AS 3500 means Australian Standard 3500 (National Plumbing and Draining Code), as in force from time to time.
authorised action, for division 4.2 (Rectification orders)—see section 35.
authorised licensee, for division 4.2 (Rectification orders)—see section 35.
builder—see section 8.
building certifier—see the Building Act 1972, section 5 (1), definition of certifier.
building code—see the Building Act 1972, section 24.
building surveyor—see section 9.
building work—see the Building Act 1972, section 5 (1).
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.
compulsory meeting, for division 4.1 (Compulsory meetings)—see section 31.
construction occupation—see section 7.
construction practitioner—see section 6.
daily ACT newspaper means a daily newspaper published and circulating in the ACT.
demerit disciplinary ground, for part 8 (Demerit points system)—see section 92.
demerit points register, for part 8 (Demerit points system)—see section 92.
disciplinary action means action the registrar may take under section 62 (1).
disciplinary ground—see section 55.
disciplinary incident, for part 8 (Demerit points system)—see section 92.
disciplinary notice—see section 57.
drainer—see section 10.
electrician—see section 11.
emergency rectification order—see section 40.
endorsement means an endorsement under section 22.
former licensee means a person who has been a licensee.
gasfitter—see section 12.
grey water—
	(a)	means domestic waste from baths, basins, showers and laundries; and
	(b)	includes floor waste from areas mentioned in paragraph (a); but
	(c)	does not include kitchen waste or waste containing gastrointestinal products or other bodily waste.
infringement notice—see Magistrates Court Act 1930, section 117.
inquiry means an inquiry under division 5.3 (Disciplinary inquiries).
licence means a licence under this Act.
licensee, for part 8 (Demerit points system)—see section 92.
licence number, for a licence—see section 23 (1) (c).
nominee, of a corporation or partnership, means a person who is appointed as a nominee of the corporation or partnership under section 27 (Nominees of corporations and partnerships).
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 certifier—see section 14.
previous 3 years, for part 8 (Demerit points system)—see section 93.
rectification order—see section 39 (1).
register means the register kept under section 110.
registrar—see section 106.
reviewable decisions means a decision prescribed under the regulations for section 126.
supervise includes direct.