Construction Occupations (Licensing) Act 2004

This Act is the Construction Occupations (Licensing) Act 2004.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘building work—see the Building Act 2004, section 6.’ means that the term ‘building work’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

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.

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

A construction practitioner is an entity that provides, has provided or proposes to provide a construction service.

A construction service is the doing or supervision of work in a construction occupation.

Note Supervise—see dict.

For this Act, the regulations may—

prescribe work as work in a construction occupation; and

exclude work from a construction occupation.

Each of the following is a construction occupation:

builder;

building assessor;

building surveyor;

drainer;

electrician;

gasfitter;

gas appliance worker;

plumber;

plumbing plan certifier;

works assessor.

A builder is an entity that provides, has provided or proposes to provide a building service.

A building service is the doing or supervising of building work.

Note 1 Building work—see the Building Act 2004, section 6.

Note 2 For building work that involves asbestos removal, a builder must hold an asbestos removal licence (see Work Health and Safety Regulation 2011, div 8.10.1).

A building assessor is an entity that provides, has provided or proposes to provide a building assessment service.

A building assessment service is the doing of building assessment work.

A building surveyor is an entity that provides, has provided or proposes to provide—

a building certification service; or

an exemption assessment service; or

a works assessment service.

Note Works assessment service—see s 14A (2).

An exemption assessment service is the doing of exemption assessment work.

A building certification service is the doing of building certification work.

In this section:

building certification work means anything a building certifier may or must do under the Building Act 2004.

Note The Building Act 2004 requires a building surveyor to be appointed as a certifier before doing building certification work. It also restricts the building certification work certain building surveyors may do depending on their occupation class.

exemption assessment work means undertaking an exemption assessment under the Building Act 2004.

A drainer is an entity that provides, has provided or proposes to provide a sanitary drainage service.

A sanitary drainage service is the doing or supervision of sanitary drainage work.

In this section:

sanitary drainage work—see Water and Sewerage Act 2000, dictionary.

An electrician is an entity that provides, has provided or proposes to provide electrical wiring services.

An electrical wiring service is the doing or supervision of electrical wiring work.

In this section:

electrical wiring work—see the Electricity Safety Act 1971, dictionary.

A gasfitter is an entity that provides, has provided or proposes to provide a gasfitting service.

A gasfitting service is the doing or supervision of gasfitting work.

In this section:

gasfitting work—see the Gas Safety Act 2000, section 6F.