Whole Act

83 provisions in continuous reading order

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Citation

These regulations are the Building Services (Registration) Regulations 2011.

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Commencement

These regulations come into operation as follows —

(a)

regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)

the rest of the regulations — on the day on which Part 3 of the Act comes into operation.

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Terms used

In these regulations —

builder work has the meaning given in regulation 13;

Building Code means the Building Code of Australia which is volumes 1 and 2, as amended from time to time, of the National Construction Code;

building engineering work has the meaning given in the Building Services (Complaint Resolution and Administration) Regulations 2011 regulation 4B(1);

building surveying work level 1 has the meaning given in regulation 28A;

building surveying work level 2 has the meaning given in regulation 28A;

certificate of building compliance means a certificate that complies with the Building Act 2011 section 57;

certificate of construction compliance means a certificate that complies with the Building Act 2011 section 56;

certificate of design compliance means a certificate that complies with the Building Act 2011 section 19;

compliance certificate means —

(a)

a certificate of building compliance; or

(b)

a certificate of construction compliance; or

(c)

a certificate of design compliance;

National Construction Code means the National Construction Code series published by, or on behalf of, the Australian Building Codes Board;

National Register has the meaning given in the National Vocational Education and Training Regulator Act 2011 (Commonwealth) section 3;

owner‑builder, in relation to building work, means a person who has an owner‑builder approval granted under the Building Services (Registration) Act 2011 section 45 to carry out the building work;

painter work has the meaning given in regulation 28;

principal builder, in relation to builder work, means a person who carries out, or undertakes to carry out, the builder work for another person but does not include —

(a)

a person engaged as a subcontractor to carry out all or part of the builder work; or

(b)

a person who carries out, or undertakes to carry out, all or part of the builder work for an owner‑builder;

section means section of the Act;

storey has the meaning given in the Building Code Schedule 3.

[Regulation 3 amended: Gazette 12 Mar 2012 p. 990 and p. 1008; 31 Mar 2017 p. 1941-2; SL 2020/196 r. 11; SL 2021/86 r. 15; SL 2021/213 r. 4; SL 2022/101 r. 4; SL 2023/64 r. 4.]

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Prescribed building services

For the purposes of the definition of prescribed building service in section 3 the following building services are prescribed —

(a)

builder work as a principal builder;

(ba)

building surveying work level 1 as the person issuing a compliance certificate;

(bb)

building surveying work level 2 as the person issuing a compliance certificate;

[(bc) deleted]

(b)

painter work.

[Regulation 4 amended: Gazette 12 Mar 2012 p. 1008; 31 Mar 2017 p. 1942; SL 2023/64 r. 5; SL 2024/255 r. 6.]

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Persons prescribed for purposes of s. 7

A person entitled to carry out builder work as a principal builder is prescribed for the purposes of section 7 in respect of painter work if —

(a)

the person carries out, or undertakes to carry out, the painter work as part of a contract to carry out builder work; and

(b)

the person engages the services of a building service contractor entitled to carry out painter work to carry out the painter work.

[Regulation 5 amended: Gazette 31 Mar 2017 p. 1942.]

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Classes of building service practitioner and building service contractor

(1)

For the purposes of section 9(1) the following classes of building service practitioner are prescribed —

(a)

building practitioner;

(ba)

building surveying practitioner level 1;

(bb)

building surveying practitioner level 2;

(bc)

building surveying practitioner technician;

(bd)

building engineering practitioner, structural — professional;

(be)

building engineering practitioner, structural — technologist;

(bf)

building engineering practitioner, structural — associate;

(bg)

building engineering practitioner, fire safety — professional;

(bh)

building engineering practitioner, fire systems — technologist;

(bi)

building engineering practitioner, fire systems — associate;

(bj)

building engineering practitioner, civil — professional;

(bk)

building engineering practitioner, civil — technologist;

(bl)

building engineering practitioner, civil — associate;

(bm)

building engineering practitioner, mechanical — professional;

(bn)

building engineering practitioner, mechanical — technologist;

(bo)

building engineering practitioner, mechanical — associate;

(b)

painting practitioner.

(2)

For the purposes of section 9(2) the following classes of building service contractor are prescribed —

(a)

building contractor (individual);

(b)

building contractor (partnership);

(c)

building contractor (company);

(da)

building surveying contractor level 1 (individual);

(db)

building surveying contractor level 1 (partnership);

(dc)

building surveying contractor level 1 (company);

(dd)

building surveying contractor level 2 (individual);

(de)

building surveying contractor level 2 (partnership);

(df)

building surveying contractor level 2 (company);

(dg)

building engineering contractor — professional (individual);

(dh)

building engineering contractor — professional (partnership);

(di)

building engineering contractor — professional (company);

(dj)

building engineering contractor — technologist (individual);

(dk)

building engineering contractor — technologist (partnership);

(dl)

building engineering contractor — technologist (company);

(dm)

building engineering contractor — associate (individual);

(dn)

building engineering contractor — associate (partnership);

(do)

building engineering contractor — associate (company);

(dp)

building engineering contractor, fire systems — technologist (individual);

(dq)

building engineering contractor, fire systems — technologist (partnership);

(dr)

building engineering contractor, fire systems — technologist (company);

(ds)

building engineering contractor, fire systems — associate (individual);

(dt)

building engineering contractor, fire systems — associate (partnership);

(du)

building engineering contractor, fire systems — associate (company);

(d)

painting contractor (individual);

(e)

painting contractor (partnership);

(f)

painting contractor (company).

[Regulation 6 amended: Gazette 12 Mar 2012 p. 990-1; SL 2023/64 r. 6 and 19.]

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Registration and renewal of registration

(1)

An application for registration or renewal under section 13(1) or (2) must state that the registration or renewal is sought for a period of 3 years.

(2)

For the purposes of section 15(1), the period commencing 12 weeks before the registration of a person is due to expire and ending when the person’s registration expires is the renewal period for the application for the renewal of the person’s registration.

[Regulation 7 inserted: Gazette 21 Sep 2018 p. 3534; amended: SL 2024/190 r. 4.]

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Information prescribed for register

(1)

For the purposes of section 29(4)(g) and (5)(h), the information is as follows —

(a)

conviction of an offence under any of the following —

(i)

the Act;

(ii)

the Building Services (Complaint Resolution and Administration) Act 2011;

(iii)

the Home Building Contracts Act 1991;

(b)

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 —

(i)

a nominated supervisor of the contractor; or

(ii)

if the contractor is a partnership — a partner; or

(iii)

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

(iv)

if the contractor is an unincorporated body — a person who is concerned in the management of the body;

(c)

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 —

(i)

a nominated supervisor of a building service contractor; or

(ii)

a partner of a building service contractor that is a partnership; or

(iii)

a director of, or person concerned in the management of, a building service contractor that is a body corporate; or

(iv)

a person concerned in the management of a building service contractor that is an unincorporated body;

(d)

details of an order made by the Board under section 57(2)(a);

(e)

details of a caution or reprimand issued by the Board under section 57(2)(b);

(f)

details of a requirement of the Board for an undertaking under section 57(2)(c);

(g)

details of an order made by the Board under section 57(2)(d) or 57(3);

(h)

details of a caution or reprimand issued by the State Administrative Tribunal under section 58(1)(c).

(2)

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.

(3)

In the case of a building service contractor that is a partnership, subregulation (1)(a) applies in relation to the conviction of a partner.

(4)

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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Removing information from register

(1)

The Building Commissioner must remove the information referred to in regulation 7A(1)(a), (b) or (c) as soon as practicable after, and in any event not later than 28 days after, the earlier of the following —

(a)

the expiry of the period of 3 years beginning on the day of conviction or the day on which the fine is imposed (whichever is relevant);

(b)

the conviction or the decision to impose a fine (whichever is relevant) is set aside on appeal.

(2)

The Building Commissioner must remove the information referred to in regulation 7A(1)(d), (e), (f), (g) or (h) as soon as practicable after, and in any event not later than 28 days after, the earlier of the following —

(a)

the expiry of the period of 12 months beginning on the day on which the order, caution or reprimand or requirement (whichever is relevant) is made or issued;

(b)

the decision to make the order or issue the caution or reprimand or requirement (whichever is relevant) is set aside on review by the State Administrative Tribunal.

(3)

A reference in subregulation (1)(a) to the day of conviction means (as applicable) —

(a)

the day on which the conviction is recorded; or

(b)

if no conviction is recorded —

(i)

the day on which the finding of guilt is made in relation to the building service provider; or

(ii)

the day on which the plea of guilty by the building service provider is accepted.

[Regulation 7B inserted: SL 2023/76 r. 4.]

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Membership of Board: occupation groups

For the purposes of the definition of occupation group in section 67(1) the classes of registered building service providers listed in an item in the Table comprise the occupation group referred to for that item.

Table

Item	Classes of building service providers	Occupation group
1.	Building practitioner Building contractor (individual)	Builders
	Building contractor (partnership) Building contractor (company)
2A.	Building surveying practitioner level 1 Building surveying practitioner level 2	Building surveyors
	Building surveying practitioner technician Building surveying contractor level 1 (individual)
	Building surveying contractor level 1 (partnership)
	Building surveying contractor level 1 (company)
	Building surveying contractor level 2 (individual)
	Building surveying contractor level 2 (partnership) Building surveying contractor level 2 (company)
2.	Painting practitioner Painting contractor (individual) Painting contractor (partnership)	Painters
	Painting contractor (company)