1Short title
This is the Building Services (Registration) Act 2011.
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Bill homepageThis is the Building Services (Registration) Act 2011.
This Act comes into operation as follows —
sections 1 and 2 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
In this Act, unless the contrary intention appears —
amend, in relation to registration, includes —
impose a condition; and
vary or revoke a condition already imposed;
Board means the Building Services Board established by section 65;
body means any of the following —
a corporation;
a partnership;
an unincorporated body;
Building Commissioner has the meaning given in the Building Services (Complaint Resolution and Administration) Act 2011 section 3;
building permit means —
a building permit granted under the Building Act 2011; or
a building licence issued under the Local Government (Miscellaneous Provisions) Act 1960 section 374;
building service has the meaning given in the Building Services (Complaint Resolution and Administration) Act 2011 section 3;
building service contractor means a person registered under section 18;
building service practitioner means a person registered under section 17;
Building Services Account means the account referred to in the Building Services (Complaint Resolution and Administration) Act 2011 section 92;
CEO means the chief executive officer of the Department;
class, in relation to a building service practitioner or building service contractor, means a class prescribed as referred to in section 9;
committee means a committee appointed under section 88;
complaint means a complaint made under the Building Services (Complaint Resolution and Administration) Act 2011 section 15;
condition includes restriction;
corporation has the meaning given in the Corporations Act section 57A;
Corporations Act means the Corporations Act 2001 (Commonwealth);
Department means the department of the Public Service principally assisting the Minister in the administration of this Act;
ineligible person means a person declared to be an ineligible person under section 60;
insolvent has the meaning given in section 63A(1);
jurisdiction means a State or Territory of the Commonwealth;
nominated supervisor has the meaning given in section 21;
officer means —
in the case of a corporation — an officer of a corporation as defined in the Corporations Act section 9; or
in the case of a body that is not a corporation — an officer of an entity that is neither an individual nor a corporation as defined in the Corporations Act section 9;
prescribed building service means a building service that is prescribed by the regulations;
public authority means any of the following —
a Minister of the State;
an agency or an organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1);
a local government, regional local government or regional subsidiary;
a body, whether incorporated or not, or the holder of an office, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State;
register means the register referred to in section 29;
registered building service provider means either of the following —
a building service practitioner;
a building service contractor;
registration means registration under Part 3;
registration certificate means a certificate issued under section 20;
registration number, in relation to a registered building service provider, means the number assigned to the person’s registration certificate by the Building Commissioner;
serious offence means an offence (whether committed in or outside this State) that is —
an indictable offence against a law of this State, the Commonwealth or another jurisdiction (whether or not the offence is or may be dealt with summarily); or
an offence against the law of another jurisdiction that would be an indictable offence against a law of this State if committed in this State (whether or not the offence could be dealt with summarily if committed in this State).
[Section 3 amended: No. 26 of 2016 s. 31; No. 4 of 2021 s. 126.]
A person must not use a title prescribed by the regulations unless the person is registered in a class of building service practitioner or building service contractor entitled under section 10 or 11 to use that title.
Penalty: a fine of $25 000.
Subsection (1) does not apply to a person, or a person in a class of persons, prescribed by the regulations for the purposes of this section.
A person must not advertise, or otherwise hold out or imply, that the person is registered in a class of building service practitioner unless the person is registered in that class of building service practitioner.
Penalty: a fine of $25 000.
A person must not advertise, or otherwise hold out or imply, that the person is registered in a class of building service contractor unless the person is registered in that class of building service contractor.
Penalty: a fine of $25 000.
A person must not advertise, or otherwise hold out or imply, that the person is entitled, either alone or with others, to carry out a prescribed building service for other persons unless the person is a building service contractor entitled under section 11 to carry out that building service.
Penalty: a fine of $25 000.
Subsection (1) does not apply to a person if —
the person is —
a public authority; or
an officer or employee of a public authority, in so far as that person directs or supervises the carrying out of a prescribed building service in the performance of the person’s duties as such an officer or employee;
or
the person is a person, or in a class of persons, prescribed by the regulations for the purposes of this section.
A person must not carry out, or undertake to carry out, a prescribed building service for any other person unless the person is a building service contractor entitled under section 11 to carry out that building service.
Penalty: a fine of $25 000.
Subsection (1) does not apply to the following —
a person who carries out a prescribed building service as an employee of a building service contractor entitled to carry out that building service;
a person who is —
a public authority; or
an officer or employee of a public authority, in so far as that person directs or supervises the carrying out of a prescribed building service in the performance of the person’s duties as such an officer or employee;
the person is a person, or in a class of persons, prescribed by the regulations for the purposes of this section.
Subject to subsection (4), a person is not entitled to any monetary or other consideration in respect of anything the person did in contravention of subsection (1).
A person is not stopped under subsection (3) from claiming reasonable remuneration for carrying out a prescribed building service, but only if the amount claimed —
is not more than the amount paid by the person in supplying materials and labour for carrying out the building service; and
does not include allowance for any of the following —
the supply of the person’s own labour;
the making of a profit by the person for carrying out the building service;
costs incurred by the person in supplying materials and labour if, in the circumstances, the costs were not reasonably incurred;
and
is not more than any amount agreed to as the price for carrying out the building service; and
does not include any amount paid by the person that may fairly be characterised as being, in substance, an amount paid for the person’s own direct or indirect benefit.
A building service contractor who has entered into a contract to carry out a prescribed building service must not enter into a contract with another person for the other person to carry out the building service (or any part of the building service) for the contractor unless the other person is a building service contractor entitled to carry out that building service.
Penalty: a fine of $25 000.
Unless the regulations prescribe otherwise, a building service contractor must cause the contractor’s registration number to appear in any advertisement published by the contractor in respect of availability of the contractor to carry out prescribed building services.
Penalty: a fine of $5 000.
An individual may be registered under section 17 as a building service practitioner in a class of building service practitioner prescribed by the regulations.
An individual or a body may be registered under section 18 as a building service contractor in a class of building service contractor prescribed by the regulations.
Subject to this Act, registration in a class of building service practitioner entitles the person registered to use a title prescribed by the regulations for that class of practitioner.
Subject to this Act and the Building Act 2011, registration in a class of building service contractor entitles the person registered —
to carry out a prescribed building service that is prescribed by the regulations for that class of contractor; and
to use a title prescribed by the regulations for that class of contractor.
The registration of a registered building service provider in a class of building service practitioner or in a class of building service contractor, unless sooner cancelled, expires on the day (the expiry day) that is the earlier of the following —
the day of the 3rd anniversary of the day on which the registration commences;
the expiry day that is specified in the certificate of registration.
The registration of a registered building service provider in a class of building service practitioner or in a class of building service contractor that is renewed under this Act, unless sooner cancelled, expires on the day (the expiry day) that is the earlier of the following —
the day of the 3rd anniversary of the day on which the registration is renewed;
the expiry day that is specified in the certificate of registration.
If an application accepted by the Board for the renewal of registration has not been determined by the expiry day, the registration —
continues to have effect on and from the expiry day until the Board renews or refuses to renew the registration or the applicant withdraws the application, unless the registration is sooner cancelled; and
if renewed, is taken to have been renewed on and from the expiry day.
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