EXPOSURE DRAFT
(Prepared by Parliamentary Counsel’s Office)
Construction Occupations (Licensing) Regulations 2003
Subordinate Law SL2003-

The Australian Capital Territory Executive makes the following regulations under the Construction Occupations (Licensing) Act 2003.
Dated 	 2003.

Minister

Minister

EXPOSURE DRAFT
(Prepared by Parliamentary Counsel’s Office)
Construction Occupations (Licensing) Regulations 2003
Subordinate Law SL2003-
made under the
Construction Occupations (Licensing) Act 2003

    
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	1
	2	Commencement	1
	3	Dictionary	1
	4	Notes	2
	5	Offences against regulations—application of Criminal Code etc	2
Part 2	Licences
	6	Licence applications—Act, s 17 (3)	3
	7	Information required on licence—Act, s 23 (2)	5
	8	Term of licences generally—Act, s 24	5
	9	Term of licence for building surveyors and plumbing plan certifiers—Act, s 24	6
Part 3	Register
	10	Particulars in register	7
	11	Keeping register	8
Part 4	General eligibility requirements
Division 4.1	Eligibility to be licensed
	12	Not eligible because of suspension	9
	13	Individuals not eligible	9
	14	Qualifications for individuals	10
	15	Skill assessment of individuals	10
	16	Corporations and partnerships eligible for some occupations	11
	17	Eligibility to be owner-builder	12
	18	Eligibility to be building surveyor	12
	19	Eligibility to be plumbing plan certifier	13
Division 4.2	Nominees
	20	Eligibility to be nominee—Act, s 27 (3)	13
Part 5	Licence conditions and endorsements
Division 5.1	Licence conditions on licences
	21	Prescribed licence conditions—s 21 (1)	15
	22	Change of register information	15
	23	Corporate licences	15
	24	Partnership licences	16
	25	Operative drainers	16
	26	Journeyperson gasfitters	16
	27	Certain plumbers	16
Division 5.2	Miscellaneous
	28	Return of licence	17
	29	Endorsing builder licences for specialist building work—Act, s 22	18
	30	Endorsing plumber licences for backflow prevention device test work—Act, s 22	18
	31	Replacement licences	19
Part 6	Construction occupation classes
	32	Classes of licence generally	20
	33	Classes of builder	20
	34	Classes of building surveyor	20
	35	Classes of drainer	20
	36	Classes of electrician	20
	37	Classes of gasfitters	21
	38	Classes of plumber	21
Part 7	Miscellaneous
	39	Short descriptions and demerit points	22
	40	Information in report to Minister—Act, s 114	22
	41	Reviewable decisions—Act, s 126	23
Part 8	Transitional
	42	Meaning of repealed Act for pt 8	26
	43	Meaning of licence and suspension for reg 10 (1) (g)	26
	44	Meaning of disciplinary action and licensee for reg 10 (1) (h)	26
	45	Meaning of owner-builder licence for reg 17	26
Schedule 1	Classes of construction occupation licence and functions	27
Part 1.1	Builder	27
Part 1.2	Building surveyor	28
Part 1.3	Drainer	29
Part 1.4	Electrician	29
Part 1.5	Gasfitters	31
Part 1.6	Plumbers	33
Schedule 2	Demerit disciplinary grounds	34
Part 2.1	Builder licence demerit disciplinary grounds under Act, s 55 (1) (a)	34
Part 2.2	Building certifier licence demerit disciplinary grounds under Act, s 55 (1) (a)	50
Part 2.3	Drainer licence demerit disciplinary grounds under Act, s 55 (1) (a)	55
Part 2.4	Electrician licence demerit disciplinary grounds under Act, s 55 (1) (a)	63
Part 2.5	Gasfitter licence demerit disciplinary grounds under Act, s 55 (1) (a)	84
Part 2.6	Plumber licence demerit disciplinary grounds under Act, s 55 (1) (a)	100
Part 2.7	Plumbing plan certifier licence demerit disciplinary grounds under Act, s 55 (1) (a)	111
Part 2.8	All licence demerit disciplinary grounds under Act, s 55 (1) (a)	113
Schedule 3	Licence demerit disciplinary grounds under Act, s 55 (1) (other than par (a))	116
Dictionary		117

Part 1	Preliminary
1	Name of regulations
These regulations are the Construction Occupations (Licensing) Regulations 2003.
2	Commencement
These regulations commence on the commencement of the Act, section 6 (What is a construction practitioner?).
Note 	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75).
3	Dictionary
The dictionary at the end of these regulations is part of these regulations.
Note 1	The dictionary at the end of these regulations defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘specialist building work—see the Building Act 1972, section 5 (1).’ means that the term ‘specialist building work’ is defined in that section and the definition applies to these regulations.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against regulations—application of Criminal Code etc
Other legislation applies in relation to offences against these regulations.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against these regulations (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	Licences
6	Licence applications—Act, s 17 (3)
	(1)	A licence application must contain the following information:
	(a)	the applicant’s name;
	(b)	the construction occupation and class of construction occupation the application relates to;
	(c)	any endorsement being applied for;
	(d)	if the applicant is an individual—
	(i)	the applicant’s date of birth; and
	(ii)	the applicant’s residential address;
	(e)	if the applicant is a partnership—
	(i)	evidence of the existence of the partnership; and
	(ii)	the name of each partner; and
	(iii)	if a partner is a corporation—the partner’s ACN; and
	(iv)	the name, business address, telephone and fax number and email address (if any) of each of the applicant’s nominees;
	(f)	if the applicant is a corporation—
	(i)	its ACN; and
	(ii)	the name, business address, telephone and fax number and email address (if any) of each of the applicant’s nominees; and
	(iii)	an extract about the history of the corporation from a database kept by the Australian Securities and Investments Commission;
	(g)	the applicant’s business telephone and fax number and email address (if any);
	(h)	if the application is for a licence as a building surveyor or a plumbing plan certifier—the name of the insurer who will provide the insurance mentioned in regulation 18 (Eligibility to be building surveyor) or regulation 19 (Eligibility to be plumbing plan certifier);
	(i)	evidence that the applicant is eligible to be licensed in the construction occupation or class of construction occupation applied for;
	(j)	if an endorsement is being applied for—evidence that the applicant is capable of providing each construction service allowed to be provided under the endorsement;
	(k)	whether the applicant has been licensed before and, if so, details of each previous licence;
	(l)	whether the applicant has been convicted or found guilty of any offence involving fraud, dishonesty or violence, punishable by imprisonment for 1 year or more and, if so, details of each conviction or finding;
	(m)	evidence that the applicant has, or has access to, financial resources adequate to complete any work that will be authorised under the licence that the applicant can otherwise do.
Note	Under the Spent Convictions Act 2000, an applicant need not include in an application certain spent convictions.
7	Information required on licence—Act, s 23 (2)
	(1)	In addition to the information required by the Act, section 23 (2), the following information must be included on a licence:
	(a)	any endorsement relating to the licence;
	(b)	the period for which the licence is issued in relation to each construction occupation and class of construction occupation;
	(c)	if the licensee is a partnership—
	(i)	the name of each partner; and
	(ii)	if a partner is a corporation—the partner’s ACN;
	(d)	if the licensee is a corporation—its ACN;
	(e)	whether the licence is subject to conditions and, if it is, which construction occupation or class of construction occupation the conditions apply to.
	(2)	A licence condition may, but need not, be included on the licence.
8	Term of licences generally—Act, s 24
	(1)	The maximum period for which a licence in the following construction occupations may be issued or renewed is 3 years:
	(a)	builder;
	(b)	electrician;
	(c)	plumber;
	(d)	drainer;
	(e)	gasfitter.
	(2)	However, an applicant for the issue or renewal of the licence may apply for a 1-year licence and, if the applicant does apply, the maximum period for which the licence may be issued or renewed is 1 year.
9	Term of licence for building surveyors and plumbing plan certifiers—Act, s 24
	(1)	The maximum period for which a licence in the construction occupation of building surveyor or plumbing plan certifier may be issued is 1 year.
	(2)	However, if the applicant for the issue or renewal of the licence has insurance required under these regulations for a period less than 1 year, the maximum period for which the licence may be issued or renewed is the period for which the applicant has insurance.

Part 3	Register
10	Particulars in register
	(1)	The register must contain the following particulars in relation to a licensee:
	(a)	the details included in the licensee’s licence;
	(b)	the licensee’s business telephone and fax number and email address (if any);
	(c)	if the licensee is a building surveyor or a plumbing plan certifier—the name of the insurer who provides the insurance mentioned in regulation 18 (Eligibility to be building surveyor) or regulation 19 (Eligibility to be plumbing plan certifier);
	(d)	if the licensee is a corporation or partnership—the name, business address, telephone and fax number and email address (if any) of each of the licensee’s nominees;
	(e)	if the licensee’s licence is suspended—details of the suspension;
	(f)	if the licensee has ever had a licence suspended—details of the suspension, if available;
	(g)	details of any suspension of the licence, whether or not the suspension has ended, if available;
	(h)	details of any disciplinary action taken against the licensee, if available;
	(i)	whether any disciplinary action is being taken against the licensee.
	(2)	The registrar may enter in the register any other details the registrar considers appropriate, including information about former licensees.
11	Keeping register
The registrar may—
	(a)	correct a mistake, error or omission in the register; or
	(b)	correct or omit an entry that has become inaccurate.

Part 4	General eligibility requirements
Division 4.1	Eligibility to be licensed
12	Not eligible because of suspension
An entity is not eligible to be licensed in a construction occupation or class of construction occupation if—
	(a)	the entity is licensed in another occupation or class of occupation; and
	(b)	the licence is suspended; and
	(c)	the registrar is satisfied that, because of the grounds for the suspension, it is not appropriate for the entity to be licensed in the occupation or class of occupation.
Note	A suspended licence may be renewed (see Act, s 25 (4)).
13	Individuals not eligible
	(1)	An individual is not eligible to be licensed if—
	(a)	the application is for a licence that would allow the applicant to provide a construction service without supervision; and
	(b)	the individual has been found guilty of an offence—
	(i)	that involves fraud or dishonesty; and
	(ii)	is punishable by imprisonment for at least 1 year.
14	Qualifications for individuals
	(1)	The registrar may, in writing, declare the qualifications necessary for an individual to be eligible to be licensed in a construction occupation or occupation class.
	(2)	Before making a declaration in relation to a construction occupation or class, the registrar may consult any advisory board for the occupation or class.
	(3)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
15	Skill assessment of individuals
	(1)	This regulation applies if the registrar is not satisfied that an applicant has a qualification required to be eligible for the licence applied for.
	(2)	The registrar may require the applicant to undertake an assessment to find out whether the applicant has a skill reasonably necessary to satisfactorily exercise the functions of a construction occupation or class of construction occupation under the licence applied for.
	(3)	An assessment may consist of 1 or more of the following:
	(a)	an assessment by a person who the registrar is satisfied is competent to make the assessment;
	(b)	an examination, which may have practical, written and oral aspects, by a registered provider that the registrar is satisfied is competent to set and assess the examination;
	(c)	an examination of a record of the applicant’s experience provided by the applicant;
	(d)	the undertaking of a test, or a series of tests, approved by the registrar.
	(4)	The applicant must pay to the Territory the reasonable costs incurred by the Territory in arranging or carrying out an assessment.
	(5)	An applicant is not eligible to be licensed if the applicant has not complied with subregulation (4).
	(6)	In this regulation:
registered provider—see the Vocational Education and Training Act 1995, section 4 (1).
16	Corporations and partnerships eligible for some occupations
	(1)	A corporation or partnership is eligible to be licensed only in the following construction occupations or occupation classes:
	(a)	builder;
	(b)	the electrical contractor class of electrician;
	(c)	gasfitter;
	(d)	plumber.
	(2)	Also, a corporation or partnership is eligible to be licensed in a construction occupation or occupation class only if the corporation or partnership has a nominee who is licensed in the occupation or class.
	(3)	However, a partnership is not eligible to be licensed in a construction occupation or occupation class if a partner has been found guilty, whether in the ACT or anywhere else, of an offence involving fraud, dishonesty or violence punishable by imprisonment for at least 1 year.
17	Eligibility to be owner-builder
An individual is eligible to be an owner-builder only if—
	(a)	the individual owns the land on which the building work allowed under the owner-builder licence is proposed to be undertaken; and
	(b)	the building work has building approval under the Building Act 1972; and
	(c)	the individual has not been granted an owner-builder licence in relation to other land in the previous 5 years before applying for the owner-builder licence.
18	Eligibility to be building surveyor
	(1)	An applicant for a licence as a building surveyor is eligible for the licence only if the applicant satisfies the registrar that the applicant is adequately insured.
	(2)	A person is adequately insured if the person has professional indemnity insurance that provides—
	(a)	indemnity against claims for breach of professional duty as a building certifier; and
	(b)	a minimum limit of indemnity of $1 000 000 for any 1 claim; and
	(c)	a minimum limit of indemnity of $1 000 000 for the total of all claims against the insured made in the period of cover; and
	(d)	in addition to the indemnities mentioned in paragraphs (b) and (c), a minimum limit of indemnity for the costs and expenses of defending or settling a claim of 20% of the limit of indemnity for the claim.
	(3)	In subregulation (2) (d)—
costs and expenses means costs and expenses incurred with the insurer’s consent.
19	Eligibility to be plumbing plan certifier
	(1)	An applicant for a licence as a plumbing plan certifier is eligible for the licence only if the applicant satisfies the registrar that the applicant is adequately insured.
	(2)	An individual is adequately insured to be a plumbing plan certifier if the person has professional indemnity insurance that provides—
	(a)	indemnity against claims for breach of professional duty as a plumbing plan certifier; and
	(b)	a minimum limit of liability of $1 000 000 for each period of insurance.
Division 4.2	Nominees
20	Eligibility to be nominee—Act, s 27 (3)
An individual is eligible to be a nominee of a corporation or partnership if—
	(a)	for a corporation—the individual is a director or employee of the corporation; and
	(b)	for a partnership—the individual—
	(i)	is a partner; or
	(ii)	is the nominee of a corporation that is a partner in the partnership; and
	(c)	the individual is licensed in a construction occupation that the corporation or partnership is licensed in or applying to be licensed in; and
	(d)	the individual is otherwise able to exercise the functions of a nominee on a daily basis; and
Note	For functions of nominees, see Act, s 29.
	(e)	for a construction occupation divided into classes—either—
	(i)	the individual is licensed in the same class as, or a class that allows the exercising of the same functions as, the class the corporation or partnership is licensed in or applying to be licensed in; or
	(ii)	the corporation or partnership has a nominee mentioned in subparagraph (i).

Part 5	Licence conditions and endorsements
Division 5.1	Licence conditions on licences
21	Prescribed licence conditions—s 21 (1)
The conditions a licence is subject to include the applicable requirements in this division.
Note	The registrar may also impose conditions on a licence (see Act, s 21 (2)).
22	Change of register information
	(1)	The licensee must tell the registrar in writing of any change in a detail relating to the licensee that is recorded in the register.
	(2)	The notice must be given within 2 weeks after—
	(a)	the day of the change to which it relates happened; or
	(b)	the day the licensee became aware of the change.
23	Corporate licences
	(1)	This section applies if the licensee is a corporation.
	(2)	The licensee must tell the registrar in writing if a person becomes or stops being a director or nominee.
	(3)	The notice must be given to the registrar within 2 weeks after the day the person becomes or stops being a director or nominee.
24	Partnership licences
	(1)	This section applies if the licensee is a partnership.
	(2)	The partnership must tell the registrar in writing if a person becomes or stops being a partner or nominee.
	(3)	The notice must be given to the registrar within 2 weeks after the day the person becomes or stops being a partner or nominee.
25	Operative drainers
A licensee in the operative drainer class of the construction occupation drainer may only provide a construction service in that occupation class as an employee.
26	Journeyperson gasfitters
A licensee in the journeyperson gasfitter class in the construction occupation gasfitter may only provide a construction service in that occupation class as an employee.
27	Certain plumbers
	(1)	This regulation applies to licensees in the following classes in the construction occupation of plumber:
	(a)	journeyperson plumber;
	(b)	journeyperson sprinkler fitter.
	(2)	The licensee may only provide a construction service in that occupation class as an employee.
Division 5.2	Miscellaneous
28	Return of licence
	(1)	This section applies if the registrar decides to—
	(a)	amend a condition on a licence; or
	(b)	endorse a licence.
	(2)	The registrar may require a licensee to return the licence to the registrar in relation to the amendment or endorsement.
Note	The registrar may, but need not, include a condition on a licence (see reg 7 (2)).
	(3)	If the registrar requires the licensee to return the licence—
	(a)	the licensee must return the licence; and
	(b)	the registrar must return the licence to the licensee as soon as the licence is amended (whether by including the condition on the licence or otherwise) or endorsed, unless the licence is suspended or cancelled.
	(4)	A licensee commits an offence if the licensee fails to return a licence under subsection (3) (a).
Maximum penalty: 5 penalty units.
	(5)	An offence against subsection (4) is a strict liability offence.
29	Endorsing builder licences for specialist building work—Act, s 22
	(1)	The registrar may, on application, endorse a builder licence to authorise the licensee to do specialist building work if satisfied that the licensee can competently do the work.
	(2)	The endorsement may be subject to any condition the registrar is satisfied protects the public.
30	Endorsing plumber licences for backflow prevention device test work—Act, s 22
	(1)	The registrar may, on application, endorse a plumber licence to authorise the licensee to do backflow prevention device test work if satisfied that the licensee can competently do the work.
	(2)	In this regulation:
backflow prevention device test work means—
	(a)	work in accordance with Australian Standard 2845.3, Water Supply—Backflow prevention devices—Field testing and maintenance, to test, or supervise the testing of, a backflow prevention device that forms part of a water service, hot-water system, irrigation system or fire sprinkler system; or
	(b)	the production of a report about a test under paragraph (a).
31	Replacement licences
The registrar may, on application, issue a replacement licence to a licensee if satisfied that the licence previously issued has been lost, stolen, damaged or destroyed.
Note 1	A fee may be determined under the Act, s 128 for this provision.
Note 2	If a form is approved under the Act, s 129 for this provision, the form must be used.

Part 6	Construction occupation classes
    
32	Classes of licence generally
A licence for a class authorises the licensee to provide each service in schedule 1, column 3 for the class in the circumstances (if any) stated in the column for the item.
33	Classes of builder
The construction occupation of builder is divided into the classes in schedule 1, part 1.1, column 2.
34	Classes of building surveyor
The construction occupation of building surveyor is divided into the classes in schedule 1, part 1.2, column 2.
35	Classes of drainer
The construction occupation of drainer is divided into the classes in schedule 1, part 1.3, column 2.
36	Classes of electrician
The construction occupation of electrician is divided into the classes in schedule 1, part 1.4, column 2.
37	Classes of gasfitters
The construction occupation of gasfitter is divided into the classes in schedule 1, part 1.5, column 2.
38	Classes of plumber
The construction occupation of plumber is divided into the classes in schedule 1, part 1.6, column 2.

Part 7	Miscellaneous
39	Short descriptions and demerit points
	(1)	The short description for a demerit disciplinary ground that is a contravention of the Act or an operational Act mentioned in schedule 2, column 2 is the description prescribed in column 3 of the item.
	(2)	The short description for a demerit disciplinary ground under the Act, section 55 (1) (other than paragraph (a)) that is mentioned in schedule 3, column 2 is the description prescribed in column 3 of the item.
	(3)	The number of demerit points mentioned in schedule 2, column 4 or schedule 3, column 4 is prescribed in relation to a demerit disciplinary notice based on the demerit disciplinary ground mentioned in column 2 of the item.
40	Information in report to Minister—Act, s 114
	(1)	The registrar’s report to the Minister about disciplinary action for a financial year must include the following information:
	(a)	the name of each licensee or former licensee against whom disciplinary action was taken during the financial year;
	(b)	for each licensee or former licensee mentioned in paragraph (a)—
	(i)	the contravention; and
	(ii)	the construction occupation or class of construction occupation in which the licensee or former licensee was licensed when the contravention happened; and
	(iii)	the disciplinary action taken; and
	(iv)	the result of any review of the decision to take disciplinary action.
	(2)	In this section:
contravention, in relation to a licensee or former licensee, means what the licensee or former licensee did that caused disciplinary action to be taken.
41	Reviewable decisions—Act, s 126
	(1)	The following decisions of the registrar are reviewable decisions:
	(a)	refusing to issue a licence under the Act, section 19 (1) (Decision on licence application);
	(b)	issuing a licence other than the licence applied for under the Act, section 19 (2);
	(c)	amending a licence by putting a condition on the licence or by amending or cancelling a condition on the licence under the Act, section 21 (2) (Licence conditions);
	(d)	refusing to amend a licence under the Act, section 21 (2);
	(e)	refusing to endorse a licence under the Act, section 22 (Endorsements on licences);
	(f)	issuing or renewing a licence for a period other than the maximum period for which the licence may be issued or renewed;
	(g)	refusing to renew a licence under the Act, section 25 (2) (Licence renewal);
	(h)	refusing to cancel a licence under the Act, section 26 (Voluntary licence cancellation);
	(i)	refusing to approve the resignation of a nominee under the Act, section 28 (Resignation of nominee);
	(j)	deciding to authorise a licensee under the Act, section 38 (Rectification order inappropriate);
	(k)	deciding to make a rectification order under the Act, section 39 (Rectification orders);
	(l)	refusing to revoke the automatic suspension of a licence under the Act, section 54 (2) (End of automatic licence suspension); or
	(m)	suspending a licence under the Act, section 58 (2) (Interim licence suspension);
	(n)	refusing to revoke a suspension under the Act, section 60 (2) (Revocation of interim suspension);
	(o)	taking action under the Act, section 61 (Decision about disciplinary action);
	(p)	including details of the contravention of a rectification order in the register under the Act, section 112 (3) (Recording contravention of rectification orders);
	(q)	refusing to endorse a builder licence under regulation 29 (Endorsing builder licences for specialist building work—Act, s 22);
	(r)	endorsing a licence under regulation 29 subject to conditions.
	(s)	refusing to endorse a plumber licence under regulation 30 (Endorsing plumber licences for backflow prevention device test work—Act, s 22);
	(t)	refusing to issue a replacement licence under regulation 31 (Replacement licences).

Part 8	Transitional
42	Meaning of repealed Act for pt 8
In this part:
repealed Act means the Construction Practitioners Registration Act 1998 in force immediately before the commencement of the Act, section 6 (What is a construction practitioner?).
43	Meaning of licence and suspension for reg 10 (1) (g)
In regulation 10 (1) (g):
licence includes registration under the repealed Act.
suspension includes suspension under the repealed Act.
44	Meaning of disciplinary action and licensee for reg 10 (1) (h)
In regulation 10 (1) (h):
disciplinary action is taken to include action taken under the repealed Act, section 22 (6) (Procedure).
licensee includes a person registered under the repealed Act.
45	Meaning of owner-builder licence for reg 17
In regulation 17:
owner-builder licence includes an owner-builder’s licence granted under the Building Act 1972 before the commencement of the Act, section 6 (What is a construction practitioner?).

Schedule 1	Classes of construction occupation licence and functions
(see pt 6)
Part 1.1	Builder

column 1
item	column 2
construction occupation class	column 3
construction work	
1	class A	building work other than specialist building work	
2	class B	building work, other than specialist building work, in relation to a building that is 3 storeys or lower	
3	class C	building work, other than specialist building work, in relation to a class 1, class 2 or class 10a building that has 2 or less storeys	
4	class D	non-structural basic building work, other than specialist building work	
5	owner-builder	building work, other than specialist building work, in relation to class 1, class 2 or class 10a building that is, or is to be, the licensee’s main home or ancillary to it	
Part 1.2	Building surveyor

column 1
item	column 2
construction occupation class	column 3
construction work	
1	principal building surveyor	building certification work	
2	general building surveyor	building certification work in relation to a building that is 3 storeys or lower and that has a floor area of 2 000m2 or less	
3	principal government building surveyor	building certification work	
4	government building surveyor	building certification work in relation to a building that is 3 storeys or lower and that has a floor area of 2 000m2 or less	
Part 1.3	Drainer

column 1
item	column 2
construction occupation class	column 3
construction work	
1	advanced sanitary drainer	sanitary drainage work without supervision	
2	journeyperson drainer	sanitary drainage work under supervision of licensee with advanced sanitary drainer licence	
3	operative drainer	sanitary drainage work under supervision of licensee with advanced sanitary drainer licence	
Part 1.4	Electrician

column 1
item	column 2
construction occupation class	column 3
construction work	
1	electrical contractor	1	electrical wiring work without supervision
2	supervision of electrical wiring work	
2	unrestricted	1	electrical wiring work without supervision
2	supervision of electrical wiring work	
3	electrotechnology assembly and servicing	incidental electrical work in relation to electrotechnology assembly and servicing	
4	electrotechnology systems	incidental electrical wiring work in relation to electrotechnology systems	
5	restricted–plumbing and gas fitting	incidental electrical wiring work in relation to plumbing and gasfitting work	
6	restricted–refrigeration and air conditioning	incidental electrical wiring work in relation to refrigeration and air conditioning work	
7	restricted—type B gas appliances	incidental electrical wiring work in relation to type B gas appliances	
8	permit	1	electrical wiring work under supervision
2	incidental electrical work	
9	restricted permit	incidental electrical work under the supervision of a licensee with a licence in 1 or more of the following classes:
	(a)	electrotechnology assembly and servicing
	(b)	electrotechnology systems
	(c)	restricted-plumbing and gas fitting
	(d)	restricted-refrigeration and air conditioning	
Part 1.5	Gasfitters

column 1
item	column 2
construction occupation class	column 3
construction work	
1	advanced	gasfitting work, other than LP gas (liquid phase) installation, without supervision	
2	general	1	gasfitting work for pressures below 21kPa without supervision
2	gasfitting work for pressures above 21kPa under the supervision of an advanced gasfitter	
3	journeyperson gasfitter	gasfitting work under the general supervision of a licensee with an advanced gasfitter licence or unrestricted licence	
4	LPG gasfitter (vapour phase)	LP gas (vapour phase) installation without supervision	
5	LPG gasfitter (liquid phase)	LP gas (liquid phase) installation without supervision	
6	restricted automotive—LPG	LP gas fuel installation on motor vehicles	
7	restricted automotive—NGV	NGV fuel installation on motor vehicles	
8	restricted automotive—LPG forklifts	gasfitting for LPG forklifts	
9	restricted automotive—NGV forklifts	gasfitting for NGV forklifts	
Part 1.6	Plumbers

column 1
item	column 2
construction occupation class	column 3
construction work	
1	sanitary plumber	sanitary plumbing work without supervision	
2	water supply plumber	water supply plumbing work, other than fire sprinkler work, without supervision	
3	journeyperson plumber	sanitary plumbing work under supervision of licensee with sanitary plumber licence	
4	sprinkler fitter	fire sprinkler work	
5	journeyperson sprinkler fitter	fire sprinkler work under the supervision of licensee with sprinkler fitter licence	

Schedule 2	Demerit disciplinary grounds
(see reg 39)
Part 2.1	Builder licence demerit disciplinary grounds under Act, s 55 (1) (a)

column 1
item	column 2
demerit disciplinary ground	column 3
short description	column 4
demerit points	
2.1.1	fail to comply with building code, vol 1, cl BP1.1 or vol 2, cl P2.1 in that building did not resist actions reasonably subject to—local damage not minimised as demonstrated by deformation in single element of brickwork, blockwork, or stonework, laid in mortar causing crack or split in joint if—
	(a)	crack or split wider than 3mm; or
	(b)	face of element on either side of crack or split out of alignment with opposite face across crack or joint by more than 3mm	creation of defective single masonry element—cracked or split more than 3mm	1	
2.1.2	fail to comply with building code, vol 1, cl BP1.1 or vol 2, cl P2.1 in that building did not resist actions reasonably subject to—local damage not minimised as demonstrated by deformation in single element concrete floor or structural concrete element causing crack or split in joint if—
	(a)	crack or split wider than 5mm; or
	(b)	face of element on either side of crack or split out of alignment with opposite face across crack or joint by more than 5mm	creation of defective single concrete element—cracked or split more than 5mm	1	
2.1.3	fail to comply with building code, vol 1, cl BP1.1 or vol 2, cl P2.1 in that building did not resist actions reasonably subject to—local damage not minimised as demonstrated by deformation in wall, wall render, wall lining, wall tiling, ceiling lining or cornice causing crack or split in joint	creation of defective wall or wall render, lining or tiling, or ceiling lining or cornice—cracked or split	1	
2.1.4	fail to comply with building code, vol 1, cl BP1.1 or vol 2, cl P2.1 in that building did not resist actions reasonably subject to—local damage not minimised as demonstrated by possibility of instability or collapse of primary building element susceptible to termite attack because not provided with code-compliant termite risk management system	failure to protect primary building element with compliant termite management system	2	
2.1.5	fail to comply with building code, vol 1, cl FP1.2, FP1.3 (b), FP1.4, FP1.5, FP1.6 or vol 2, cl P2.1(b), P2.2.1(c)(ii), P2.2.2, P2.2.3—surface water, water or dampness could occur in building other than under code	failure to protect a building from water or dampness	3	
2.1.6	fail to comply with building code, vol 1, cl FP1.1 or vol 2, cl P2.2.1(a)—surface water collected or concentrated by building not disposed of in code-compliant way that avoids damage or nuisance to another property, or likelihood of damage or nuisance	creation of building with defective surface water collection or concentration disposal that damaged or caused nuisance or likelihood of either to other property	2	
2.1.7	fail to comply with building code, vol 1, cl FP1.3 or vol 2, cl P2.2.1(c)—drainage system for disposal of surface water did not, in code-compliant way—
	(a)	carry water to appropriate outfall; or
	(b)	avoid entry of water to building; or
	(c)	avoid water damaging building	creation of building with defective drainage system—failure to carry water to appropriate outfall, avoid entry of water to building or avoid water damaging building	3	
2.1.8	fail to comply with building code, vol 1, cl EP2.1 or vol 2, cl P2.3.2—building without code-compliant automatic warning on smoke detection	creation of building without effective smoke alarm	3	
2.1.9	fail to comply with building code, vol 1, cl FP1.7 or vol 2, cl P2.4.1—water not stopped from penetrating behind fittings, linings or concealed spaces of sanitary facilities, bathrooms, laundries and other wet area facilities	creation of building with defective wet area waterproofing or water containment	3	
2.1.10	fail to comply with building code, vol 1, cl FP3.1 or vol 2, cl P2.4.2—height of room or other space more than 50mm less than code requires	creation of building with ceiling height more than 50mm too low	3	
2.1.11	fail to comply with building code, vol 2, cl ACT 2.1—asbestos removed from building other than in code-compliant way	unsafe asbestos handling or disposal	3	
2.1.12	fail to comply with building code, vol 1, cl FP5.1 to FP5.4 or vol 2, cl P2.4.6—floor, wall or floor or wall penetration do not comply with code sound transmission and insulation requirements	creation of building with defective sound transmission or insulation arrangements	2	
2.1.13	fail to comply with building code, vol 1, cl DP2(c)(v) or vol 2, cl P2.5.1(b)(iii)—geometry of stairway risers or goings do not satisfy code safe passage requirements	creation of unsafe step or stairway	3	
2.1.14	fail to comply with building code, vol 1, cl DP3 or vol 2, cl P2.5.2—barrier required under code to prevent people falling not provided	creation of building with defective or no safety barrier	3	
2.1.15	fail to comply with building code, vol 1, cl GP1.2 or vol 2, cl P2.5.3—swimming pool over 300mm deep without code compliant safety barrier	creation of swimming pool with defective or no safety barrier	3	
2.1.16	fail to comply with building code, vol 1, cl CP2 or vol 2, cl P2.3.1—building with element that does not comply with code to avoid spread of fire to exit, sole occupancy unit or public area or between buildings or in building	creation of building with defective or no fire spread avoidance measures	2	
2.1.17	fail to comply with Building Act 1972, s 37 (c)—mortar joint in mortar-jointed masonry beam not between 8mm and 12mm wide or bed joint not horizontal	creation of defective masonry joint—mortar joint not between 8mm and 12mm wide or bed joint not horizontal	1	
2.1.18	fail to comply with Building Act 1972, s 37 (c)—beam, doorway, window, wall, column, post or truss erected out of plumb	creation of out of plumb beam, doorway, window, wall, column, post or truss	1	
2.1.19	fail to comply with Building Act 1972, s 37 (c)—floor, ceiling, beam or sill erected out of horizontal	creation of out of horizontal floor, ceiling, beam or sill	1	
2.1.20	fail to comply with Building Act 1972, s 37 (c)—floor, ceiling or beam erected so surface not flat	creation of floor, ceiling or beam without flat surface	1	
2.1.21	fail to comply with Building Act 1972, s 37 (d)—building erected more than 100mm but less than 300mm away from position relative to boundaries indicated on approved plans	failure to comply with building siting on approved plan by more than 100mm but less than 300mm	2	
2.1.22	fail to comply with Building Act 1972, s 37 (d)—building erected 300mm or more away from position relative to boundaries indicated on approved plans	failure to comply with building siting on approved plan by 300mm or more	3	
2.1.23	fail to comply with Building Act 1972, s 37 (d)—part of floor erected more than 100mm higher or lower than level indicated on approved plans	failure to comply with floor level on approved plan by more than 100mm	2	
2.1.24	fail to comply with Building Act 1972, s 37 (d)—top of building erected more than 300mm higher than height indicated on approved plans	failure to comply with building height requirements of approved plan by more than 300mm	2	
2.1.25	fail to comply with Building Act 1972, s 37 (d)—location of structural element, wall, window or door, relative to building erected more than 100mm away from position on building indicated on approved plans or in position where plans indicate other element to be erected	failure to comply with set out requirements of approved plan for structural element, wall, window or door by more than 100mm, or inclusion of unplanned structural element, wall, window or door	1	
2.1.26	fail to comply with Building Act 1972, s 37 (d)—lineal dimensions of window, door or doorway erected more than 100mm larger or smaller than lineal dimension of window, door or doorway indicated on approved plans	failure to comply with dimensional requirements of approved plan for window, door or doorway by more than 100mm	1	
2.1.27	fail to comply with Building Act 1972, s 37 (d)—beam, doorway, window, wall, column, post or truss in approved plan not erected	failure to include significant building element from approved plan	2	
2.1.28	fail to comply with Building Act 1972, s 38A (2)—proceeded with building work above dampcourse level although certifier has not received required plan or is not satisfied that position of building or level of all floors comply with approved plan	failure to provide survey plan or comply with approved plan before building above dampcourse	2	
2.1.29	fail to comply with Building Act 1972, s 38A (4)—proceeded beyond stage of building work without notifying certifier or without certifier’s written permission to proceed	failure to notify certifier about reaching inspection stage or obtain written permission before proceeding	2	
2.1.30	fail to comply with Building Act 1972, s 51—did not comply with stop notice	failure to comply with stop notice	2	
2.1.31	fail to comply with Building Act 1972, s 51—did not comply with notice under Building Act, s 45A to produce survey plan	failure to comply with notice to provide survey plan	2	
Part 2.2	Building certifier licence demerit disciplinary grounds under Act, s 55 (1) (a)

column 1
item	column 2
demerit disciplinary ground	column 3
short description	column 4
demerit points	
2.2.1	fail to comply with Building Act 1972, s 32, s 34 (8) or s 38—certifier failed to give registrar required notice	failure to notify registrar as required under Building Act 1972	1	
2.2.2	fail to comply with Building Act 1972, s 34—certifier failed to issue building approval when should have, or issued building approval when no grounds to issue	failure to issue required building approval, or issue of unauthorised building approval	2	
2.2.3	fail to comply with Building Act 1972, s 34 (6) or (7)—certifier issued building approval that was not, or not entirely—
	(a)	marked on, attached to, or partly marked on and partly attached to, plans in relation to which approval was issued; or
	(b)	marked on plans and certifier did not indicate on plans that approval, or part of approval, in separate document	failure to mark, attach or annotate building approval required detail on approved plan	1	
2.2.4	fail to comply with Building Act 1972, s 34A—certifier issued building approval that allowed building work that would contravene law because of external design or siting of building	issuing improper building approval—building work would contravene law because of external design or siting	3	
2.2.5	fail to comply with Building Act 1972, s 38A (5)—received notice that licensee reached stage of building work but did not inspect the building work as soon as practicable	failure to do required inspection as soon as practicable after receiving notification about it	2	
2.2.6	fail to comply with Building Act 1972, s 38A (6)—certifier satisfied that building work not compliant with Building Act, s 37, but did not give licensee in charge of building work reasonable, appropriate, written directions for compliance	failure to give directions about how to resolve noncompliant building work found during required inspection 	2	
2.2.7	fail to comply with Building Act 1972, s 38A (7)—building work complied with Building Act, s 37, but certifier did not certify compliant or give certificate of compliance to licensee in charge of work	failure to give certificate of compliance after finding compliant work during required inspection	2	
2.2.8	fail to comply with Building Act 1972, s 41 (1)—certifier failed to notify registrar of contravention of Building Act as soon as practicable after becoming aware of contravention	failure to notify registrar as soon as practicable of known contravention of Building Act 1972	2	
Part 2.3	Drainer licence demerit disciplinary grounds under Act, s 55 (1) (a)

column 1
item	column 2
demerit disciplinary ground	column 3
short description	column 4
demerit points	
2.3.1	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.2 (a)—sanitary drainage system using water-borne waste disposal designed or constructed so that does not carry sewage from sanitary plumbing system to approved disposal system	creation of sanitary drainage system that does not carry sewage from sanitary plumbing system to approved disposal system 	1	
2.3.2	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.2 (b)—sanitary drainage system using water-borne waste disposal designed or constructed so that supported, jointed or protected in way that failed to avoid likelihood of blockages and leakages	creation of sanitary drainage system with likelihood of blockages or leakages	1	
2.3.3	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.2 (c)—sanitary drainage system using water-borne waste disposal designed or constructed so that supported, jointed or protected in way that failed to avoid likelihood of penetration of roots or entry of ground water	creation of sanitary drainage system with likelihood of penetration of roots or entry of ground water	1	
2.3.4	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.2 (d)—sanitary drainage system using water-borne waste disposal designed or constructed in way that failed to provide access for maintenance and for clearing blockages	creation of sanitary drainage system without access for maintenance or clearing blockages	1	
2.3.5	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.2 (e)—sanitary drainage system using water-borne waste disposal designed or constructed without ventilation adequate to avoid foul air and gases accumulating in the sanitary drainage system	creation of sanitary drainage system without adequate ventilation of foul air and gases	1	
2.3.6	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.2 (f)—sanitary drainage system using water-borne waste disposal designed or constructed in way that failed to avoid likelihood of damage from superimposed loads or normal ground movement	creation of sanitary drainage system with likelihood of damage from loads or ground movement	1	
2.3.7	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.2 (g)—sanitary drainage system using water-borne waste disposal designed or constructed in way that failed to protect system from entry of contaminants 	creation of sanitary drainage system without protection from contamination	1	
2.3.8	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.2 (h)—sanitary drainage system using water-borne waste disposal designed or constructed in way that failed to prevent stormwater entering sewerage system	creation of sanitary drainage system that allowed entry of stormwater 	1	
2.3.9	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.2 (i) or (j)—sanitary drainage system using water-borne waste disposal designed or constructed in way that failed to avoid likelihood of damage to existing building or sitework or sewerage system	creation of sanitary drainage system with likelihood of damaging existing building, sitework or sewerage system	1	
2.3.10	fail to comply with Water and Sewerage Act 2000, s 16—altered, removed or interfered with sanitary drain without giving required notice	failure to give required notice of intention to start or complete drainage work	1	
2.3.11	fail to comply with Water and Sewerage Regulations 2001, reg 7 (1)—did work on sanitary drainage system other than in accordance with approved plan	creation of sanitary drainage work other than in accordance with approved plan	1	
2.3.12	fail to comply with Water and Sewerage Regulations 2001, reg 8—
	(a)	did not tell registrar when sanitary drainage work ready for inspection; or
	(b)	did not leave sanitary drainage work ready for inspection as required	failure to tell registrar sanitary drainage work ready for inspection or to leave work uncovered for test	1	
2.3.13	fail to comply with Water and Sewerage Regulations 2001, reg 9 (1)—did not test sanitary drain in accordance with AS 3500 before it was to be passed by an inspector or, if the sanitary drain was altered or repaired, before the alteration or repair was to be passed	failure to test sanitary drain before inspection	1	
2.3.14	fail to comply with Water and Sewerage Regulations 2001, reg 9 (3)—did not rectify sanitary drainage work found to be defective	failure to rectify defective sanitary drainage work found by test	2	
2.3.15	fail to comply with Water and Sewerage Regulations 2001, reg 10—did not give registrar required information, fee and plan within required time for sanitary drainage work completed in accordance with AS 3500	failure to give required information, fee and plan for completed sanitary drainage work	1	
Part 2.4	Electrician licence demerit disciplinary grounds under Act, s 55 (1) (a)

column 1
item	column 2
demerit disciplinary ground	column 3
short description	column 4
demerit points	
2.4.1	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (a) (i)—inadequate or no protection (eg insulation and enclosure) against direct contact with live parts	inadequate or no protection against direct contact with live parts	3	
2.4.2	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (a) (ii)—inadequate or no protection (eg double insulation or isolating transformers) against indirect contact with exposed conductive parts	inadequate or no protection against indirect contact with exposed conductive parts	2	
2.4.3	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (a) (iii)—inadequate or no protection (eg enclosure, guarding or screening) against hazardous parts (eg flammable materials, hot surfaces or parts that may cause physical injury)	inadequate or no protection against hazardous parts	3	
2.4.4	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (a) (iv)—inadequate or no protection (eg unimpaired fire barriers) against spread of fire	inadequate or no protection against fire spread	1	
2.4.5	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (a) (v)—electrical equipment in poor general condition (eg signs of damage that could impair safe operation, failure to disconnect unused electrical equipment)	creation of electrical equipment in poor general condition	1	
2.4.6	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (b) (i)—noncompliant consumer mains current carrying capacity	creation of consumer mains with noncompliant current carrying capacity	2	
2.4.7	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (b) (ii)—noncompliant consumer mains voltage drop	creation of consumer mains with noncompliant voltage drop	1	
2.4.8	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (b) (iii)—noncompliant consumer mains underground installation condition	creation of consumer mains with noncompliant underground installation condition	3	
2.4.9	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (b) (iv)—noncompliant consumer mains aerial installation condition	creation of consumer mains with noncompliant aerial installation condition	3	
2.4.10	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (b) (v)—noncompliant consumer mains wiring connection	creation of consumer mains with noncompliant wiring connection	3	
2.4.11	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (b) (vi)—inadequate or no protection of consumer mains against external influences	failure to protect consumer mains against external influence	1	
2.4.12	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c) (i)—noncompliant switchboard location (eg access or egress)	creation of switchboard in noncompliant location	2	
2.4.13	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c) (ii)—switchboard protective device defect (eg overload and residual current rating, fault current rating)	creation of switchboard with protective device defect	3	
2.4.14	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c) (iii)—switchboard isolating device defect (eg main switch)	creation of switchboard with isolating device defect	3	
2.4.15	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c) (iv)—switchboard connecting device defect (eg neutral bars, earth bars or active link)	creation of switchboard with connective device defect	3	
2.4.16	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c) (v)—switchboard connection defect or fixing of switchboard wiring and switchgear defect	creation of switchboard with connection defect or fixing of wiring or switchgear defect	3	
2.4.17	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c) (vi)—switchboard identification defect or labelling of switchboard electrical equipment defect	creation of switchboard with labelling identification defect or labelling electrical equipment defect	1	
2.4.18	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c) (vii)—inadequate or no protection of switchboard against external influences	failure to protect switchboard against external influences	3	
2.4.19	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d) (i)—conductor size of wiring systems defect (eg current-carrying capacity or voltage drop)	creation of wiring system with conductor size defect	3	
2.4.20	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d) (ii)—inadequate or no identification of cable core	creation of wiring system with cable core identification defect	1	
2.4.21	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d) (iii)—inadequate or no support or fixing of wiring systems	creation of wiring system with inadequate or no support or fixing	1	
2.4.22	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d) (iv)—connection or enclosure of wiring system defective	creation of wiring system with connection or enclosure defect	2	
2.4.23	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d) (v)—noncompliant installation of wiring system with installation condition (eg underground, aerial, emergency system)	creation of wiring system with installation condition in noncompliant way	3	
2.4.24	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d) (vi)—inadequate or no segregation of wiring system from other services and electrical installations	creation of wiring system with defective segregation from another service or electrical installation	3	
2.4.25	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d) (vii)—inadequate or no protection of wiring system against external influences (eg enclosure)	failure to protect wiring system against external influence	1	
2.4.26	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e) (i)—electrical equipment with isolation or switching devices not protected against injury from mechanical movement devices or motors	creation of electrical equipment with defect in isolation or switching device for protection against injury from mechanical movement device or motor	3	
2.4.27	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e) (ii)—electrical equipment with isolation or switching devices not protected against thermal effects (eg motors, room heaters, water heaters)	creation of electrical equipment with defect in isolation or switching device for protection against injury from thermal effect	2	
2.4.28	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e) (iii)—particular electrical equipment switching devices noncompliant (eg socket-outlets, cooking appliances)	creation of electrical equipment switching device noncompliant for particular electrical equipment 	2	
2.4.29	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e) (iv)—electrical equipment switching devices noncompliant for use in installation conditions (eg locations affected by water, explosive atmospheres, extra-low voltage, high voltage)	creation of electrical equipment switching device noncompliant in conditions	3	
2.4.30	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e) (v)—electrical equipment noncompliant with required Australian Standard	creation of electrical equipment noncompliant with Australian Standard	3	
2.4.31	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e) (vi)—electrical equipment connection, support or fixing defect	creation of electrical equipment with connection, support or fixing defect	2	
2.4.32	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e) (vii)—inadequate or no protection of electrical equipment against external influences	failure to protect electrical equipment against external influence	2	
2.4.33	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f) (i)—MEN connection defect	creation of defective MEN connection 	3	
2.4.34	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f) (ii)—earth electrode defect	creation of defective earth electrode	3	
2.4.35	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f) (iii)—earthing conductor defect (eg size, identification)	creation of defective earthing conductor	3	
2.4.36	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f) (iv)—equipotential bonding conductor defect (eg size, identification)	creation of defective equipotential bonding conductor	3	
2.4.37	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f) (v)—earthing connection, joint or termination defect	creation of defective earthing connection, joint or termination	3	
2.4.38	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f) (vi)—inadequate or no protection of earthing connection against external influences	failure to adequately protect earthing connection against external influence	2	
2.4.39	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f) (vii)—noncompliant connection of earthing to earthing arrangements for another system	creation of earthing with noncompliant connection to earthing arrangements of another system	3	
2.4.40	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f) (viii)—earthing situation required earthing of additional electrical equipment	creation of noncompliant earthing requiring earthing of additional electrical equipment	3	
2.4.41	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 3.1—earthing system failed earth continuity and resistance test under AS 3017	creation of earthing system that failed earth continuity and resistance test under AS 3017	3	
2.4.42	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 3.2—wiring or installation with inadequate or no insulation resistance between all live parts, including live conductors and the electrical installation earth, and each live conductor of consumer mains and submains	creation of wiring or installation that failed insulation resistance test under AS 3017	3	
2.4.43	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 3.3—wiring or installation with defective polarity of active, neutral or earthing conductors	creation of wiring or installation that failed polarity test under AS 3017	3	
2.4.44	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 3.4—wiring or installation with defective circuit connections	creation of wiring or installation that failed correct circuit connections test under AS 3017	3	
2.4.45	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 3.5—wiring or installation with defective fault-loop impedance	creation of wiring or installation that failed fault-loop impedance test under AS 3017	3	
2.4.46	fail to comply with Electricity Safety Act 1971, s 33, compliance with AS 3000, as indicated by testing under AS 3017, cl 3.6—wiring or installation with defective residual current device (RCD) operation	creation of wiring or installation that failed RCD test under AS 3017	3	
2.4.47	fail to comply with Electricity Safety Act 1971, s 34—did not ensure electrical wiring work tested under AS 3017 or did not give registrar or owner of installation required report about test	failure to test installation or give required test report	2	
2.4.48	fail to comply with Electricity Safety Act 1971, s 36 (4)—contravention of direction under Electricity Safety Act, s 36 (2) to take stated action to make installation or work safe and compliant	failure to comply with direction to make installation or work safe	3	
2.4.49	fail to comply with Electricity Safety Act 1971, s 66 or s 67—prescribed article of electrical equipment installed in, or connected to, electrical installation in stated circumstances	creation of connection to unapproved electrical appliance	3	
Part 2.5	Gasfitter licence demerit disciplinary grounds under Act, s 55 (1) (a)

column 1
item	column 2
demerit disciplinary ground	column 3
short description	column 4
demerit points	
2.5.1	fail to comply with Gas Safety Act 2000, s 8 requiring work to be done under AS 5601, cl 2.5.2—provided outlet not connected to appliance and not sealed with plug, cap or blank flange	failure to appropriately seal surplus gas outlet 	1	
2.5.2	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cls 3.2.1 and 3.3.6—material used to join components of consumer piping system, or to connect to consumer piping system, with incompatible mating screw threads or non-compliant joint	creation of non-compliant joint in, or connection to, consumer piping system	1	
2.5.3	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cls 4.1.3, 4.3.1 (c) and 4.4—material of consumer piping system, or connecting to consumer piping system, not adequately protected from corrosion or isolated from incompatible material	creation of part of consumer piping system, or connection to it, without compliant corrosion protection or isolation between incompatible material	2	
2.5.4	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.1.12—pipework forming part of consumer piping system required to have compliant markings and did not have them	failure to adequately identify gas pipework	1	
2.5.5	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.2.4—pipework forming part of consumer piping system with diameter too small to achieve required available gas pressure	creation of part of consumer piping system with noncompliant pipework size	3	
2.5.6	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.3—inadequate spacing or strength of devices supporting or restraining, or intended to support or restrain, consumer piping system	failure to adequately support or restrain gas pipework	1	
2.5.7	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.6—part of piping system required to have adequate pressure protection device	creation of consumer piping system with defective gas pressure protection	3	
2.5.8	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.7—gas vent located in noncompliant position, or so could discharge gas in prohibited way, or no required gas vent provided	creation of noncompliant gas vent discharge point or failure to provide required gas vent	2	
2.5.9	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cls 4.8.2 and 4.8.3—gas hose assembly connection point located—
	(a)	in bedroom, bathroom, sauna, toilet or hallway; or
	(b)	in place where traffic across hose; or
	(c)	if used for space heater—1m or less from doorway	creation of gas hose assembly connection in noncompliant location	1	
2.5.10	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.9.2—quick-connect type gas connection point installed outside in way that possible for rainwater and debris to enter it	creation of quick-connect gas device outside with likelihood of entry of water or debris	1	
2.5.11	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.11.3—part of consumer piping system located less than 25mm from metal electrical conduit, metal-armoured or metal-sheathed electrical wire or cable, or electrical earthing electrode	creation of part of gas pipework less than 25mm from electrical installation	1	
2.5.12	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.11.11—part of consumer piping system exposed to potential liquid discharge (eg from water heater relief valve or condensate drain)	creation of part of gas pipework exposed to liquid discharge	1	
2.5.13	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cls 5.2.4, 5.3.1 and 5.4—
	(a)	gas appliance’s ventilation inadequate to ensure appliance’s safe operation; or
	(b)	possibility that operation of ventilation system, air distribution system or air blower could deprive gas appliance of air required for combustion or caused air pressure to be less than atmospheric pressure at appliance or otherwise adversely affected appliance’s operation; or
	(c)	gas appliance installed at location without adequate ventilation for complete combustion of gas, proper fluing or maintenance of ambient temperature of immediate surrounds at safe level, under normal operating conditions; or
	(d)	air supply to gas appliance contaminated with gases produced by fuel combustion, or contained chemicals or flammable vapours that could have affected combustion; or
	(e)	gas appliance in room or enclosure required to have 1 or more of following, but did not:
	(i)	natural ventilation direct from outside the room or enclosure;
	(ii)	natural ventilation from nearby room or enclosure;
	(iii)	mechanical ventilation	failure to provide gas appliance with compliant air ventilation or adequate combustion air supply	2	
2.5.14	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.2.5—gas appliance installed other than in accordance with manufacturer’s instructions	creation of gas appliance installation not in accordance with manufacturer’s instructions	2	
2.5.15	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.2.6—gas appliance installed but failure to install component or install in compliant way may have affected safe operation	creation of potentially unsafe gas appliance installation	3	
2.5.16	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cls 5.2.7, 5.3.4 and 5.12—gas appliance installed so that—
	(a)	surface temperature of nearby combustible surface could exceed 65˚C above ambient temperature because of use of appliance; or
	(b)	appliance is hazard to walls, nearby surfaces, curtains, furniture or opened door; or
	(c)	clearance from appliance, including any flue, to anything else less than required	creation of gas appliance installation too close to combustible surface or other hazardous thing	3	
2.5.17	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cls 5.2.13, 5.2.15, 5.2.18, 5.2.19 and 5.12—gas appliance installed—
	(a)	so that supported on, or secured to, structure that not durable, or otherwise inappropriate; or
	(b)	so that supported or secured in way that does not minimise strain on any gas pipe connection; or
	(c)	so that not secured or stabilised in way suitable for its conditions of use or in accordance with manufacturer’s instruction (eg upright stove not prevented from tilting when oven door open and lent on; or
	(d)	but not restrained, or restrained in noncompliant way if required to be restrained against rolling on wheels, rollers or castors	creation of gas appliance with noncompliant support, security, restraint or stability	2	
2.5.18	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.3.11 (c) and (d)—gas appliance in roof space not provided with compliant access walkway—
	(a)	of required dimensions from point of access into roof space to gas appliance and around appliance; and
	(b)	with no duct intruding on it; and
	(c)	capable of supporting person’s weight; and
	(d)	permanently fixed to building	failure to provide compliant walkway to roof space gas appliance	3	
2.5.19	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.3.11 (f)—gas appliance in roof space without required artificial lighting or lighting switch located adjacent to, and within 600mm from closest edge of, access opening into roof space	failure to provide required compliant artificial light to roof-space gas appliance	2	
2.5.20	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.3.11 (c) and (g)—roof-space gas appliance located so that cannot be readily lit or serviced, or so that components cannot be removed	creation of defective roof-space gas appliance installation—not readily lit or serviced, parts cannot be removed	2	
2.5.21	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.3.11 (e)—roof-space gas appliance required to be installed in stated way on non-combustible platform or on combustible platform with compliant heat shielding was not installed that way	creation of roof-space gas appliance with platform inadequately protected from combustion	3	
2.5.22	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.6—thing connected to consumer piping system did not have required compliant device to allow thing to be isolated or disconnected from gas supply	failure to provide required compliant way to disconnect or isolate gas supply	1	
2.5.23	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.11—gas appliance installed without required automatic gas shut-off if operation of overhead automatic fire extinguishing equipment might extinguish appliance’s flame	creation of gas appliance installation without automatic gas shut-off on automatic fire extinguishing	3	
2.5.24	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.13—gas appliance with flue made of noncompliant material or configured, located or supported in noncompliant way	creation of gas appliance installation with noncompliant flue	3	
2.5.25	fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl E3.2.1—consumer piping system gas pressure dropped or gas leaked more than allowed	creation of consumer piping system or connection that leaked gas or dropped gas pressure	3	
2.5.26	fail to comply with Gas Safety Act 2000, s 9 (1)—gasfitting work completed in accordance with Gas Safety Act, s 9, but—
	(a)	compliance indicator not attached to the consumer piping in accordance with Gas Safety Act; or
	(b)	certificate of compliance for work not given in accordance with Gas Safety Act	failure to attach appropriate indicator to completed gas pipework or to give appropriate certificate of compliance for pipework	3	
2.5.27	fail to comply with Gas Safety Act 2000, s 24 (2)—gas appliance that not approved connected to consumer piping system	connection of unapproved appliance to consumer piping system	3	
Part 2.6	Plumber licence demerit disciplinary grounds under Act, s 55 (1) (a)

column 1
item	column 2
demerit disciplinary ground	column 3
short description	column 4
demerit points	
2.6.1	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.1 (b)—sanitary plumbing system using water-borne waste disposal designed or constructed in a way that failed to avoid likelihood of blockage or leakage	creation of sanitary plumbing system with likelihood of blockage or leakage	2	
2.6.2	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.1 (c)—sanitary plumbing system using water-borne waste disposal designed or constructed in way that failed to avoid the likelihood of water, foul air or gases entering a building	creation of sanitary plumbing system with likelihood of water, foul air or gas entering a building	2	
2.6.3	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.1 (d)—sanitary plumbing system using water-borne waste disposal designed or constructed in a way that failed to provide access for maintenance and clearing blockages	creation of sanitary plumbing system without access for maintenance and clearing blockages	1	
2.6.4	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.2.1, cl 7.1 (e)—sanitary plumbing system using water-borne waste disposal designed or constructed in a way that failed to avoid likelihood of damage from superimposed loads or normal building movement	creation of sanitary plumbing system with likelihood of damage from loads or building movement	1	
2.6.5	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.1.1, cl 5 (a) and (e)—did not safeguard people from illness because of consumption of, or contact with, contaminated water, throughout design life of cold water supply installation	failure to safeguard people from illness because of consumption of, or contact with, contaminated water	2	
2.6.6	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.1.1, cl 5 (b) and (e)—did not safeguard people from injury or loss of amenity because of failure of water supply installation throughout design life of cold water supply installation.	failure to safeguard people from injury or loss of amenity because of failure of water supply installation	2	
2.6.7	fail to comply with Water and Sewerage Regulations 2001, reg 6 (1), performance requirement under AS 3500.1.1, cl 5 (c) and (e)—did not safeguard people from water supply that is offensive in appearance, taste or odour because of failure of water supply installation throughout design life of cold water supply installation.	failure to safeguard people from water supply with offensive appearance, taste or odour	1	
2.6.8	fail to comply with Water and Sewerage Act 2000, s 11 (2) or s 15 (1) (a) and Water and Sewerage Regulations 2001, reg 17—
	(a)	installed or fitted sprinkler system or part of fire sprinkler service without giving required notice of start to registrar; or
	(b)	altered, repaired or replaced pipe or fitting communicating with water network without giving required notice (including required plumbing plan) of start to registrar or without required approval	failure to give required notice of intention to start sprinkler or fire sprinkler work or interfere with pipes communicating with water network	1	
2.6.9	fail to comply with Water and Sewerage Act 2000, s 15 (1) (b) and (c)—
	(a)	contravened direction of registrar about alteration, repair or replacement of pipe or fitting; or
	(b)	laid pipe communicating with water network other than as authorised under MP52	failure to do work connecting to water network in accordance with registrar’s direction or MP52	2	
2.6.10	fail to comply with Water and Sewerage Regulations 2001, reg 19—
	(a)	did not tell registrar when water supply plumbing work ready for inspection; or
	(b)	did not leave water supply plumbing work ready for inspection as required	failure to tell registrar water supply plumbing work ready for inspection or to leave work uncovered for test	1	
2.6.11	fail to comply with Water and Sewerage Regulations 2001, reg 20 (1)—did not test water supply plumbing in accordance with AS 3500 before it was to be passed by an inspector or, if the water supply plumbing was altered or repaired, before the alteration or repair was to be passed	failure to test water supply plumbing before inspection	1	
2.6.12	fail to comply with Water and Sewerage Regulations 2001, reg 20 (3)—did not rectify water supply plumbing work found to be defective	failure to rectify defective water supply plumbing work found by test	2	
2.6.13	fail to comply with Water and Sewerage Regulations 2001, reg 21—did not give registrar required information, fee and plan within required time for water supply plumbing work completed in accordance with AS 3500	failure to give required information, fee and plan for completed water supply plumbing work	1	
2.6.14	fail to comply with Water and Sewerage Regulations 2001, reg 22 (5)—installed testable backflow prevention device but did not tell registrar about installation or ensure device tested as required as soon as practicable	installation of testable backflow prevention device without notifying or testing	1	
2.3.15	fail to comply with Water and Sewerage Act 2000, s 16—altered, removed or interfered with sanitary plumbing without giving required notice	failure to give required notice of intention to start or complete sanitary plumbing work	1	
2.3.16	fail to comply with Water and Sewerage Regulations 2001, reg 7 (1)—did work on sanitary plumbing system other than in accordance with approved plan	creation of sanitary plumbing work other than in accordance with approved plan	1	
2.3.17	fail to comply with Water and Sewerage Regulations 2001, reg 8—
	(a)	did not tell registrar when sanitary plumbing work ready for inspection; or
	(b)	did not leave sanitary plumbing work ready for inspection as required	failure to tell registrar sanitary plumbing work ready for inspection or to leave work uncovered for test	1	
2.3.18	fail to comply with Water and Sewerage Regulations 2001, reg 9 (1)—did not test sanitary plumbing in accordance with AS 3500 before it was to be passed by an inspector or, if the sanitary plumbing was altered or repaired, before the alteration or repair was to be passed	failure to test sanitary plumbing before inspection	1	
2.3.19	fail to comply with Water and Sewerage Regulations 2001, reg 9 (3)—did not rectify sanitary plumbing work found to be defective	failure to rectify defective sanitary plumbing work found by test	2	
2.3.20	fail to comply with Water and Sewerage Regulations 2001, reg 10—did not give registrar required information, fee and plan within required time for sanitary plumbing work completed in accordance with AS 3500	failure to give required information, fee and plan for completed sanitary plumbing work	1	
Part 2.7	Plumbing plan certifier licence demerit disciplinary grounds under Act, s 55 (1) (a)

column 1
item	column 2
demerit disciplinary ground	column 3
short description	column 4
demerit points	
2.7.1	fail to comply with Water and Sewerage Act 2000, s 8 (1)—approved plumbing or sanitary drainage work plan without required approvals	failure to obtain required approval before approving plumbing or drainage plan	3	
2.7.2	fail to comply with Water and Sewerage Act 2000, s 8 (2) (d)—certifier issued plan approval for proposed plumbing or sanitary drainage work, or approved amendment plan, where design of work did not comply with AS 3500	creation of plan approval or amendment for noncompliant plumbing or drainage work	2	
2.7.3	fail to comply with Water and Sewerage Act 2000, s 9 (2)—certifier approved amendment to plan approval for proposed plumbing or sanitary drainage work where reconsideration required	approved amended plan that required reconsideration	1	
2.7.4	fail to comply with Water and Sewerage Act 2000, s 9 (3)—certifier did not keep all documents relating to approved plumbing or drainage plan for at least 1 year	failure to keep plan approval records for 1 year	1	
2.7.5	fail to comply with Water and Sewerage Act 2000, s 10—certifier did not notify registrar within 7 days after end of appointment under Water and Sewerage Act, s 5 (3) or (4)	failure to notify loss of appointment as certifier within 7 days after loss	1	
Part 2.8	All licence demerit disciplinary grounds under Act, s 55 (1) (a)

column 1
item	column 2
demerit disciplinary ground	column 3
short description	column 4
demerit points	
2.8.1	fail to comply with Act, s 34—did not attend compulsory meeting or tell registrar why did not attend	failure to attend compulsory meeting or notify failure to attend	2	
2.8.2	fail to comply with Act, s 41—contravention of rectification order other than emergency rectification order	contravention of non-emergency rectification order	2	
2.8.3	fail to comply with Act, s 41—contravention of emergency rectification order	contravention of emergency rectification order	4	
2.8.4	fail to comply with Act, s 48—did not give client evidence of relevant insurance before providing construction service	failure to give client insurance evidence	1	
2.8.5	fail to comply with Act, s 89 (1)—contravention of licence condition that—
	(a)	limited number or cost of construction services provided under licence; or
	(b)	required licensee to do something in a stated way in connection with the performance of a construction service	failure to comply with licence condition	2	
2.8.6	fail to comply with Act, s 89 (3)—contravention of applicable code of practice	failure to comply with applicable code of practice	1	

Schedule 3	Licence demerit disciplinary grounds under Act, s 55 (1) (other than par (a))
(see reg 39)

column 1
item	column 2
provision	column 3
short description	column 4
demerit points	
3.1	s 55 (1) (b)	giving false or misleading information	2	

Dictionary
(see reg 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to these regulations.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	Act.
Note 3	Terms used in these regulations have the same meaning that they have in the Construction Occupations (Licensing) Act 2003 (see Legislation Act, s 148).  In particular, the following terms are defined in the Construction Occupations (Licensing) Act 2003, dict:
·	AS 3500
·	building certifier
·	disciplinary action
·	demerit disciplinary ground
·	endorsement
·	nominee
·	registrar.
AS 3000 means Australian Standard 3000 (Wiring Rules), as in force from time to time.
AS 3017 means Australian Standard 3017 (Electrical Installations—Testing and Inspection Guidelines), as in force from time to time.
AS 5601 means Australian Standard 5601 (Gas Installations), as in force from time to time.
basic building work—see the Building Act 1972, section 5 (1).
building certification work—see the Act, section 9 (3) (What is a building surveyor?).
electrical wiring work—see the Act, section 11 (3) (What is an electrician?).
fire sprinkler work—see the Act, section 13 (3) (What is a plumber?).
gasfitting work—see the Act, section 12 (3) (What is a gasfitter?).
incidental electrical work—see the Electricity Safety Act 1971, section 3 (1).
sanitary drainage work—see the Act, section 10 (3) (What is a drainer?).
sanitary plumbing work—see the Act, section 13 (3) (What is a plumber?).
specialist building work—see the Building Act 1972, section 5 (1).
type B gas appliance means a gas appliance that—
	(a)	consumes more than 10MJ/h of gas; and
	(b)	is not covered by an approval scheme for gas appliances recognised by an entity appointed by the government of a State or Territory to administer the gas safety legislation for the State or Territory.
water supply plumbing work—see the Act, section 13 (3) (What is a plumber?).

Endnote
Notification
	Notified under Legislation Act on 	2003.
	(see www.legislation.act.gov.au)