Occupational Licensing (Building Services Work) Regulations 2016

Occupational Licensing (Building Services Work) Regulations 2016

13 December 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Occupational Licensing Act 2005.

These regulations may be cited as the Occupational Licensing (Building Services Work) Regulations 2016.

These regulations take effect on the day on which the Occupational Licensing Amendment Act 2016 commences.

In these regulations – Act means the Occupational Licensing Act 2005; building services work determination means the determination, made under section 30 of the Act, as amended from time to time, in respect of – building services work; and the classes of building services work; and any details relating to the classes of building services work; specified fee means a fee specified in Schedule 2.

Unless the contrary intention appears, an expression used in these regulations that is defined in the building services work determination has the same meaning in these regulations as in that determination.

In this regulation – site plan means a plan of a site, showing site features, boundaries, orientation and access, existing or proposed structures and distribution of services, together with the location of a proposed structure or of proposed work.

For the purposes of the definition of prescribed work in section 3(1) of the Act, work specified in Part 1 of Schedule 1 is determined to be prescribed work, unless exempted under section 99(1)(b) of the Act.

Despite subregulation (2), work specified in Part 2 of Schedule 1 is excluded from the application of the Act.

Work referred to in subregulation (2) is prescribed as building services work for the purposes of paragraph (a) of the definition of building services work in section 3(1) of the Act unless – excluded from the application of the Act under subregulation (3); or the work is design work carried out by a plumber practitioner (certifier), within the meaning of the Occupational Licensing (Plumbing Work) Regulations 2010, working within his or her area of competence; or the work is the preparation of a site plan, or as-constructed plan, in relation to work, or in association with work, carried out by a plumber practitioner (certifier), within the meaning of the Occupational Licensing (Plumbing Work) Regulations 2010, working within his or her area of competence; or the work is the preparation of a site plan in relation to work performed on, or in association with work performed on, Class 10 buildings or Class 7b farm buildings.

The holder of a building services licence that is not a licensed entity must notify the Administrator in writing within 21 days after any change to the following information:his or her name; his or her residential address; a telephone or fax number used in connection with the licence; an email address used in connection with the licence. In the case of – a body corporate, a fine not exceeding 25 penalty units; or a natural person, a fine not exceeding 10 penalty units.

The holder of a building services licence that is a licensed entity must notify the Administrator in writing within 21 days after a change to the following information, if applicable:the name of the licensed entity; a registered business name used in connection with the licence; a person who is a director or partner of the licensed entity, or a person who is a licensed person for a municipal council; the address of the holder's registered office; the address of the holder's principal place of business; a telephone or fax number used in connection with the licence; an email address used in connection with the licence. Fine not exceeding 25 penalty units.

A building services provider must keep, for at least 10 years after the work is completed, records, in an approved form, of all building services work, undertaken by the building services provider. In the case of – a body corporate, a fine not exceeding 50 penalty units; or an individual, a fine not exceeding 25 penalty units.

For the purposes of this regulation, building services work is completed – if the building services work is building work or demolition work, other than low-risk work, within the meaning of the Building Act 2016, on the earlier of the following days:the day on which a certificate of completion is issued under that Act in respect of the work; the day on which the contract to perform the building work, or demolition work, is terminated; or if the building services work is building work that is covered by a building permit issued under the Building Act 2000, on the earlier of the following days:the day on which a certificate of completion is issued under that Act, or the Building Act 2016, in respect of the work; the day on which the contract to perform the building work, or demolition work, is terminated; or if the building services work is building work that is not covered by paragraph (a) or (b), on the earlier of the following days:the day on which the work is last attended to by the building services provider; the day on which the contract to perform the building services work is satisfied by both parties to the contract or terminated; or if the buildings services work is not building work, on the earlier of the following days:the day on which all of the building services provider's statutory obligations in respect of the work under the Building Act 2000, or the Building Act 2016, are discharged; the day on which his or her engagement as a building services provider in respect of the work ceases under the Building Act 2000 or the Building Act 2016.

For the purposes of section 25(2A) of the Act, all building services work is prescribed.

In this regulation – building authority includes an authority allowing an accredited building practitioner to carry out or manage building work under the Building Act 2000, and a building services licence.

For the purposes of section 29B(1)(a) of the Act, the prescribed criteria for a person to hold an owner builder permit are – the person is a natural person; and the person owns the premises in respect of which the work to be performed under the proposed permit relates; and the person intends, or another owner builder in respect of the premises intends, to carry out or manage the building work on the premises under the authority of the proposed permit, whether or not that work has commenced before the proposed permit is issued; and the person does not intend, or another owner of the premises does not intend, to perform permit demolition work, or notifiable demolition work, within the meaning of the Building Act 2016, under the authority of the proposed permit; and other than building work carried out or managed under a building authority, the person and each other owner of the premises, in aggregate, have not already carried out or managed building work, under an authorisation as an owner builder, on 2 or more buildings in the 10 years immediately before the person made the application for the proposed permit; and each other owner of the premises meets the prescribed criteria set out in paragraphs (a), (b), (c), (d) and (e).

A person does not require an owner builder permit under this Part if the person intends to manage or carry out building work –

that is excluded work under items 1 or 2 of Part 2 of Schedule 1; or in respect of a Class 7b farm building.

For the avoidance of doubt, an obligation under the Act in respect of a person performing work as an owner builder is in addition to, and not limited by, any obligation in respect of that person that he or she would be required to meet if performing the work other than as an owner builder.

In this regulation – GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

The fees specified in Schedule 2 – are inclusive of any GST that may be payable in respect of those fees; and are prescribed as the fees payable to the Administrator in respect of the matter to which they relate.

If an application under these regulations for the issue of a licence is refused, any annual or triennial fee paid in respect of the issue of the licence is to be refunded to the person who paid the fee.