Occupational Licensing Act 2005

Section 104(1), (2) and (3)

Part 1 Provisions relating to Electricity Industry Safety and Administration Act 1997

1. Saving for licences under Electricity Industry Safety and Administration Act 1997 Where, immediately before the commencement of section 104(1), a person held a licence under the Electricity Industry Safety and Administration Act 1997, that licence is taken to be a licence granted under this Act on the same terms and conditions.

2. Saving for nominated managers under Electricity Industry Safety and Administration Act 1997 Where, immediately before the commencement of section 104(1) –

the person acting as the nominated manager is taken to have been named as such in any licence granted under this Act.

Part 2 Provisions relating to Workplace Health and Safety Act 1995

1. Saving for certificates of competency under Workplace Health and Safety Act 1995 Where, immediately before the commencement of section 104(2), a person held a certificate of competency under the Workplace Health and Safety Act 1995, he or she is taken to hold a licence under the Occupational Licensing Act 2005 on the same terms and conditions.

Part 3 Provisions relating to Plumbers and Gas-fitters Registration Board and Plumbers and Gas-fitters Registration Act 1951

1. Funds held by Plumbers and Gas-fitters Registration Board Any funds held by the Plumbers and Gas-fitters Registration Board on the commencement of section 104(3) are to be paid to the Administrator to the credit of the Occupational Licensing Administration Fund.

2. Saving for registration under Plumbers and Gas-fitters Registration Act 1951 Where, immediately before the commencement of section 104(3), a person was registered as a plumber or gas-fitter under the Plumbers and Gas-fitters Registration Act 1951, he or she is taken to be a licence holder under the Occupational Licensing Act 2005 on the same terms and conditions.

3. Winding-up of Plumbers and Gas-fitters Registration Board

to realise its assets and discharge its liabilities; and to employ staff; and to execute a contract, deed or other document necessary for its winding-up.

to realise its assets and discharge its liabilities; and

to employ staff; and

to execute a contract, deed or other document necessary for its winding-up.

Part 4 Provisions relating to the Occupational Licensing Amendment Act 2016 Savings and transitionals for accredited building practitioners and related matters Savings for building practitioners accredited under the Building Act 2000 In this clause – transitioned licence means a building services licence that is taken to be issued by virtue of subclause (2). If, immediately before the commencement of Division 3A of Part 4 of this Act, a person was accredited under Part 4 of the Building Act 2000 as an accredited building practitioner – that person is taken to be, on and after the commencement of that Division, the holder of a building services licence issued under this Act on the same terms and conditions; and a certificate of accreditation issued to the person under section 27 of the Building Act 2000, and in force immediately before the commencement of that Division, is taken to be a licence issued to the person by the Administrator under section 37B(1)(a) of this Act on the same terms and conditions. If a transitioned licence is to expire within 3 months of the commencement of Division 3A of Part 4 of this Act, the transitioned licence remains in effect until the expiry of the period of 3 months after the commencement of that Division unless sooner renewed, surrendered or cancelled under this Act. The holder of a transitioned licence is taken to hold the insurance required under section 27 of this Act if the holder of a transitioned licence holds insurance cover that complies with the order under section 48 of the Building Act 2000 while that order remains in effect in accordance with clause 8 of this Part. For the purpose of determining the continuing professional development of the holder of a transitioned licence, the Administrator may take into account any professional development undertaken by such a licence holder, before the commencement of Division 3A of Part 4 of this Act, as part of his or her accreditation as a building practitioner under the Building Act 2000. Applications under the Building Act 2000 for accreditation as building practitioner An application made to the Director of Building Control under section 26 of the Building Act 2000 to be an accredited building practitioner that had yet to be determined under that Act before the commencement of Division 3A of Part 4 of this Act – is taken to be an application to the Administrator under section 37A of this Act for a building services licence of the relevant occupation and class; and may be considered, dealt with and determined in all respects under this Act as if the application were originally made under this Act. The Administrator may issue a building services licence of the relevant occupation and class, in respect of an application referred to in subclause (1), if the Director of Building Control may have granted the application under the Building Act 2000 had the application been determined before the commencement of Division 3A of Part 4 of this Act.

Savings and transitionals for owner builders and related matters Savings for owner builders under Building Act 2000 In this clause – relevant Acts means – this Act; and the Building Act 2016. Where, immediately before the commencement of Part 3A of this Act, a person was registered as an owner builder under Division 3 of Part 4 of the Building Act 2000, the provisions of that Act, except section 30E, as in force immediately before the commencement of the Building Act 2016 are to remain in effect in respect of that registration. The relevant Acts do not apply to work performed under a registration referred to in subclause (2) if that work is performed in accordance with – that registration; and the Building Act 2000 as in force immediately before the commencement of the Building Act 2016. Applications for registration as owner builder under Building Act 2000 If an application made to the Director of Building Control under section 30C of the Building Act 2000, to be registered as an owner builder, had yet to be determined under that Act before the commencement of Part 3A of this Act, the provisions of that Act, as in force immediately before the commencement of the Building Act 2016, are to remain in effect in respect of that application until the application is determined. If a person is registered as an owner builder as a result of an application referred to in subclause (1), clause 3 of this Part applies to that person as if the person had been registered as an owner builder before the commencement of Part 3A of this Act. Owner builder training courses A course that, on the day immediately before the day on which Part 3A of this Act commences, was an approved course for the purposes of section 30B of the Building Act 2000 is taken, on and after the commencement of that Part, to have been approved under section 29B(3) of this Act as an owner builder training course for the purposes of section 29B(1)(c) on the same terms and conditions.

Other savings and transitionals Bodies corporate and partnerships operating as building practitioners under Building Act 2000 A body corporate, or partnership, that, immediately before the commencement of Division 3A of Part 4 of this Act, was operating as a building practitioner in accordance with section 25 of the Building Act 2000 is, on and after the commencement of that Division – not a building services provider for the purposes of this Act; and not a licensed entity for the purposes of this Act. Subclause (1) does not affect – the application of this Schedule, on and after the commencement of the Occupational Licensing Amendment Act 2016, to the accreditation of the director, partner or permanent employee referred to in section 25 of the Building Act 2000; and the ability for the body corporate or partnership to apply, on and after the commencement of the Occupational Licensing Amendment Act 2016, under section 37C of this Act to be a licensed entity for the purposes of this Act. Complaints under section 32 of the Building Act 2000 Where a complaint to the Director of Building Control has been made under section 32 of the Building Act 2000 and the complaint had not been determined before the commencement of the Occupational Licensing Amendment Act 2016, the provisions of the Building Act 2000 continue to apply to the complaint as if the relevant provisions of that Act had not been repealed. Insurance orders under section 48 of the Building Act 2000 The order under section 48 of the Building Act 2000 in force immediately before the commencement of the Occupational Licensing Amendment Act 2016 remains in force until – revoked by order by the Minister under this Act; or notice is given by the Administrator requiring licence holders to be covered by a certain type and amount of insurance under section 27. An order under subclause (1) is a statutory rule for the purposes of the Rules Publication Act 1953. Appeals under Building Act 2000 Where an appeal has been lodged under the Building Act 2000 in respect of an accredited building practitioner, or an owner builder, and the appeal had not been determined before the commencement of the Occupational Licensing Amendment Act 2016, the provisions of the Building Act 2000 continue to apply to the appeal as if the relevant provisions of that Act had not been repealed.

Savings and transitionals for accredited building practitioners and related matters

1. Savings for building practitioners accredited under the Building Act 2000

transitioned licence means a building services licence that is taken to be issued by virtue of subclause (2).

transitioned licence means a building services licence that is taken to be issued by virtue of subclause (2).

transitioned licence

2. Applications under the Building Act 2000 for accreditation as building practitioner

Savings and transitionals for owner builders and related matters

3. Savings for owner builders under Building Act 2000

relevant Acts means – this Act; and the Building Act 2016.

relevant Acts means –

relevant Acts

4. Applications for registration as owner builder under Building Act 2000

5. Owner builder training courses A course that, on the day immediately before the day on which Part 3A of this Act commences, was an approved course for the purposes of section 30B of the Building Act 2000 is taken, on and after the commencement of that Part, to have been approved under section 29B(3) of this Act as an owner builder training course for the purposes of section 29B(1)(c) on the same terms and conditions.

Other savings and transitionals

6. Bodies corporate and partnerships operating as building practitioners under Building Act 2000

7. Complaints under section 32 of the Building Act 2000 Where a complaint to the Director of Building Control has been made under section 32 of the Building Act 2000 and the complaint had not been determined before the commencement of the Occupational Licensing Amendment Act 2016, the provisions of the Building Act 2000 continue to apply to the complaint as if the relevant provisions of that Act had not been repealed.

8. Insurance orders under section 48 of the Building Act 2000

9. Appeals under Building Act 2000 Where an appeal has been lodged under the Building Act 2000 in respect of an accredited building practitioner, or an owner builder, and the appeal had not been determined before the commencement of the Occupational Licensing Amendment Act 2016, the provisions of the Building Act 2000 continue to apply to the appeal as if the relevant provisions of that Act had not been repealed.