Information prescribed for register
7A Information prescribed for register
For the purposes of section 29(4)(g) and (5)(h), the information is as follows —
conviction of an offence under any of the following —
the Act;
the Building Services (Complaint Resolution and Administration) Act 2011;
the Home Building Contracts Act 1991;
if the registered building service provider is a building service contractor, details of a fine imposed by the State Administrative Tribunal under section 59(3) on a person who is —
a nominated supervisor of the contractor; or
if the contractor is a partnership — a partner; or
if the contractor is a body corporate — a director of the body corporate or a person who is concerned in the management of the body corporate; or
if the contractor is an unincorporated body — a person who is concerned in the management of the body;
if the registered building service provider is a building service practitioner, details of a fine imposed by the State Administrative Tribunal under section 59(3) on that person in the person’s capacity as —
a nominated supervisor of a building service contractor; or
a partner of a building service contractor that is a partnership; or
a director of, or person concerned in the management of, a building service contractor that is a body corporate; or
a person concerned in the management of a building service contractor that is an unincorporated body;
details of an order made by the Board under section 57(2)(a);
details of a caution or reprimand issued by the Board under section 57(2)(b);
details of a requirement of the Board for an undertaking under section 57(2)(c);
details of an order made by the Board under section 57(2)(d) or 57(3);
details of a caution or reprimand issued by the State Administrative Tribunal under section 58(1)(c).
A reference in subregulation (1)(a) to a conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded.
In the case of a building service contractor that is a partnership, subregulation (1)(a) applies in relation to the conviction of a partner.
This regulation does not apply in relation to conduct by a registered building service provider that occurred before the commencement of the Building Services (Registration) Amendment Regulations 2023 regulation 4.
[Regulation 7A inserted: SL 2023/76 r. 4.]
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