{"id":"BILL-WA-8BD956600796A67248258DF50022F11F","name":"Building Services Legislation Amendment (Financial Oversight) Bill 2026","slug":"building-services-legislation-amendment-financial-oversight-bill-2026","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-05-13","administeringDepartment":null,"currentVersion":{"id":451237,"registerId":"BILL-WA-8BD956600796A67248258DF50022F11F:current","compilationNumber":null,"startDate":"2026-05-13","status":"in_force","reasons":null,"registeredAt":"2026-05-13T08:47:39.881Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Building Services Legislation Amendment (Financial Oversight) Bill 2026\n\n64—1 page i\nWestern Australia\nBuilding Services Legislation Amendment\n(Financial Oversight) Bill 2026\nContents\nPart 1 — Preliminary\n1. Short title 2\n2. Commencement 2\nPart 2 — Building Services\n(Complaint Resolution and\nAdministration) Act 2011\namended\n3. Act amended 3\n4. Section 68 amended 3\nPart 3 — Building Services\n(Registration) Act 2011 amended\nDivision 1 — Preliminary\n5. Act amended 5\nDivision 2 — Suspension of registration and\ncancellation of registration\n6. Section 12 amended 5\n7. Section 13 amended 6\n8. Section 15 amended 6\n9. Sections 15A and 15B inserted 8\n15A. Application for renewal cannot be\ndetermined while registration suspended 8\n15B. Application for renewal of registration by\nperson given notice under s. 63J or 63K 8\n10. Section 18 amended 9\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nContents\npage ii\n11. Part 3 Division 4 Subdivision 1 heading inserted 10\nSubdivision 1 — When Board may amend, suspend\nor cancel registration\n12. Sections 26A to 26F inserted 10\n26A. Request under s. 26(1) by person given\nnotice under s. 26C, 63J or 63K 10\n26B. Suspension of registration for failure to\ncomply with direction under Building\nServices (Complaint Resolution and\nAdministration) Act 2011 s. 68(1)(a) or (b) 11\n26C. Notice of intention to suspend registration\nunder s. 26B(1) 12\n26D. Notice and taking effect of suspension of\nregistration under s. 26B(1) 13\n26E. Board may notify certain persons if\nregistration suspended under s. 26B(1) 13\n26F. Board may request suspension under\ns. 26B(1) be noted on register 14\n13. Part 3 Division 4 Subdivision 2 heading inserted 14\nSubdivision 2 — Effect and revocation of\nsuspension of registration\n14. Section 27 amended 14\n15. Section 28 amended 14\n16. Sections 28A to 28C inserted 15\n28A. Suspension of registration under\ns. 26B(1): revocation 15\n28B. Suspension of registration under\ns. 26B(1): criminal liability not affected 15\n28C. Suspension of registration under\ns. 26B(1): remedies not affected 16\n17. Section 34A inserted 16\n34A. Notification of material change to trust\narrangements 16\n18. Section 63A amended 17\n19. Part 5B inserted 17\nPart 5B — Building service contractors who do not\nsatisfy financial requirements\n63H. Terms used 17\n63I. Person whose registration suspended\ntaken to be registered for purposes of Part 18\n63J. Board may require contractor show they\nsatisfy financial requirements 18\n63K. Board may require related contractor\nshow they satisfy financial requirements 21\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nContents\npage iii\n63L. Directions to provide information after\nnotice given under s. 63J or 63K 24\n63M. Application to extend response period 24\n63N. Cancellation of registration if contractor\ndoes not show they satisfy financial\nrequirements 25\n63O. Notice and taking effect of cancellation of\nregistration under s. 63N(1) or (2) 27\n63P. Board may notify certain persons if\nregistration cancelled under s. 63N(1) or\n(2) 28\n20. Section 64 amended 28\n21. Sections 64A and 64B inserted 29\n64A. Review by State Administrative Tribunal of\ndecision to suspend registration under\ns. 26B(1) 29\n64B. Review by State Administrative Tribunal of\ndecision to cancel registration under\ns. 63N(1) or (2) 30\n22. Section 71 amended 32\n23. Part 9 Division 3 Subdivision 5 inserted 32\nSubdivision 5 — Transitional provisions for Building\nServices Legislation Amendment (Financial\nOversight) Act 2026\n146A. Application for renewal of registration 32\n146B. Application for request to suspend or\ncancel registration 32\n146C. Directions given under Building Services\n(Complaint Resolution and Administration)\nAct 2011 s. 68(1)(a) or (b) 33\n146D. Transitional regulations 33\nDivision 3 — Other amendments\n24. Section 3 amended 35\n25. Section 24 amended 36\n26. Section 30 amended 36\n27. Part 3 Division 7 inserted 37\nDivision 7 — Credit reporting information about\napplicants and registered individuals\n37A. Board may request credit reporting\ninformation about applicants and\nregistered individuals 37\n28. Section 51 amended 38\n29. Section 52 amended 38\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nContents\npage iv\n30. Section 62 replaced 38\n62. Board may notify certain persons if\nregistration suspended or cancelled 38\n31. Section 63A amended 39\n32. Section 63G amended 40\n33. Section 64 amended 40\n34. Section 71 amended 41\nPart 4 — Home Building Contracts\nAct 1991 amended\n35. Act amended 42\n36. Section 25A amended 42\n37. Section 25D amended 42\n38. Section 25DB inserted 44\n25DB. Transitional provision for Building Services\nLegislation Amendment (Financial\nOversight) Act 2026 44\n39. Part 3A Division 6 inserted 45\nDivision 6 — Exchange of information\n25M. Exchange of information between Building\nCommissioner, Building Services Board,\napproved insurers and approved funds 45\n\npage 1\nWestern Australia\nLEGISLATIVE ASSEMBLY\nBuilding Services Legislation Amendment\n(Financial Oversight) Bill 2026\nA Bill for\nAn Act to amend —\n• the Building Services (Complaint Resolution and Administration)\nAct 2011; and\n• the Building Services (Registration) Act 2011; and\n• the Home Building Contracts Act 1991.\nThe Parliament of Western Australia enacts as follows:\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 1 Preliminary\ns. 1\npage 2\nPart 1 — Preliminary1\n1. Short title2\nThis is the Building Services Legislation Amendment (Financial3\nOversight) Act 2026.4\n2. Commencement5\nThis Act comes into operation as follows —6\n(a) Part 1 — on the day on which this Act receives the7\nRoyal Assent (assent day);8\n(b) Part 2, Part 3 (but only Divisions 1 and 3) and Part 49\n(but only sections 35, 36 and 39) — on the day after10\nassent day;11\n(c) the rest of the Act — on a day fixed by proclamation.12\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Complaint Resolution and Administration)\nAct 2011 amended\nPart 2\ns. 3\npage 3\nPart 2 — Building Services (Complaint Resolution and1\nAdministration) Act 2011 amended2\n3. Act amended3\nThis Part amends the Building Services (Complaint Resolution4\nand Administration) Act 2011.5\n4. Section 68 amended6\nDelete section 68(2)(b) and insert:7\n8\n(b) may require 1 or more of the following —9\n(i) that the person give information or an10\nanswer that they do not currently11\npossess but have access to;12\n(ii) that the person give information or an13\nanswer that they do not currently14\npossess but are able to create or derive15\nfrom information that they do possess or16\nhave access to;17\n(iii) that the information or answer be given18\norally;19\n(iv) that the information or answer be given20\nin writing (including if the information21\nor answer does not currently exist in22\nwriting);23\n(v) that the information or answer be given24\nin a form specified in the direction25\n(including if the information or answer26\ndoes not currently exist in that form);27\n(vi) that the information or answer be given28\nat or delivered to a place specified in the29\ndirection;30\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 2 Building Services (Complaint Resolution and Administration)\nAct 2011 amended\ns. 4\npage 4\n(vii) in the case of written information or a1\nwritten answer, that the information or2\nanswer be delivered by the method3\nspecified in the direction;4\n(viii) that the information or answer be5\nverified by statutory declaration or in6\nanother way specified in the direction7\n(including by a specified person or8\nperson belonging to a specified class of9\npersons).10\nExample for this subsection:11\nA direction under subsection (1)(a) may require a person to12\ncreate and deliver a special purpose financial statement13\nthat contains information that does not currently exist in a14\ndocument. The direction may also require the special15\npurpose financial statement to have been verified by an16\naccountant.17\n18\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nPreliminary Division 1\ns. 5\npage 5\nPart 3 — Building Services (Registration) Act 20111\namended2\nDivision 1 — Preliminary3\n5. Act amended4\nThis Part amends the Building Services (Registration) Act 2011.5\nDivision 2 — Suspension of registration and cancellation of6\nregistration7\n6. Section 12 amended8\n(1) In section 12(3)(a) delete “to have effect”.9\n(2) After section 12(3) insert:10\n11\n(4) If subsection (3) applies in relation to a registration that12\nwas subject to suspension under section 26B(1)13\nimmediately before the expiry day, the registration14\nremains suspended while subsection (3) applies unless15\nand until the Board revokes the suspension under16\nsection 28A(1) or (3).17\n(5) If subsection (3) applies in relation to a registration that18\nwas subject to suspension under section 58(1)(g)19\nimmediately before the expiry day, the registration20\nremains suspended for the remainder of the suspension21\nperiod (if any) that falls while subsection (3) applies22\nunless and until the Board revokes the suspension23\nunder section 28(1).24\n25\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 7\npage 6\n7. Section 13 amended1\nAfter section 13(3) insert:2\n3\n(4) The suspension of the registration of a person in a class4\nof building service practitioner or building service5\ncontractor under section 26B(1) or section 58(1)(g)6\ndoes not prevent —7\n(a) the person from making an application for the8\nrenewal of the registration; or9\n(b) the Board from accepting an application for the10\nrenewal of the registration.11\n12\n8. Section 15 amended13\n(1) After section 15(2)(a) insert:14\n15\n(aa) the registration has expired and was subject to16\nsuspension immediately before its expiry; or17\n18\n(2) Delete section 15(3)(a) and insert:19\n20\n(a) the registration —21\n(i) is taken to have continued during the22\nperiod beginning on the day23\nimmediately following its expiry and24\nending when the application was25\naccepted; and26\n(ii) continues until the Board renews or27\nrefuses to renew the registration or the28\napplicant withdraws the application,29\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 8\npage 7\nunless the registration is sooner1\ncancelled;2\nand3\n4\n(3) After section 15(3) insert:5\n6\n(3A) If subsection (3) applies in relation to a registration that7\nwas subject to suspension under section 26(1)(b) or8\n26B(1) immediately before its expiry, the9\nregistration —10\n(a) is taken to have remained suspended during the11\nperiod beginning on the day immediately12\nfollowing its expiry and ending when the13\napplication was accepted; and14\n(b) remains suspended while subsection (3) applies15\nunless and until the Board revokes the16\nsuspension under section 28(1) or 28A(1) or17\n(3).18\n(3B) If subsection (3) applies in relation to a registration that19\nwas subject to suspension under section 58(1)(g)20\nimmediately before its expiry, the registration —21\n(a) is taken to have remained suspended for the22\nremainder of the suspension period (if any) that23\nfell during the period beginning on the day24\nimmediately following its expiry and ending25\nwhen the application was accepted; and26\n(b) remains suspended for the remainder of the27\nsuspension period (if any) that falls while28\nsubsection (3) applies unless and until the29\nBoard revokes the suspension under30\nsection 28(1).31\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 9\npage 8\n9. Sections 15A and 15B inserted1\nAfter section 15 insert:2\n3\n15A. Application for renewal cannot be determined while4\nregistration suspended5\nThe Board cannot determine an application for the6\nrenewal of a registration in a class of building service7\npractitioner or building service contractor while the8\nregistration is suspended.9\n15B. Application for renewal of registration by person10\ngiven notice under s. 63J or 63K11\n(1) This section applies if —12\n(a) the Board has given a person a notice under13\nsection 63J or 63K in relation to the person’s14\nregistration in a class of building service15\ncontractor; and16\n(b) the Board has not decided whether to cancel the17\nregistration under section 63N(1) or (2); and18\n(c) the Board has, whether before or after the19\nnotice was given, accepted an application for20\nthe renewal of the registration.21\n(2) The Board may refuse to consider the application for22\nthe renewal of the registration until the Board has23\ndecided not to cancel the registration under24\nsection 63N(1) or (2).25\n26\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 10\npage 9\n10. Section 18 amended1\nDelete section 18(2) and insert:2\n3\n(2) The Board must not register, or renew the registration4\nof, an applicant if —5\n(a) the requirements of subsection (1) are not met;6\nor7\n(b) the applicant’s registration as a building service8\npractitioner or building service contractor is9\nsuspended under section 26B(1); or10\n(c) the applicant is an officer of a body whose11\nregistration as a building service contractor is12\nsuspended under section 26B(1); or13\n(d) the applicant is a body that has an officer who14\nis —15\n(i) a person whose registration in a class of16\nbuilding service practitioner or building17\nservice contractor is suspended under18\nsection 26B(1); or19\n(ii) also an officer of another body whose20\nregistration in a class of building service21\ncontractor is suspended under22\nsection 26B(1); or23\n(iii) a person who, before the application for24\nregistration or renewal of registration25\n(as is relevant) was made, was given a26\nnotice under section 63J or 63K in27\nrelation to their registration in a class of28\nbuilding service contractor and the29\nBoard has not decided whether to cancel30\nthe registration under section 63N(1) or31\n(2); or32\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 11\npage 10\n(iv) also an officer of another body that,1\nbefore the application for registration or2\nrenewal of registration (as is relevant)3\nwas made, was given a notice under4\nsection 63J or 63K in relation to its5\nregistration in a class of building service6\ncontractor and the Board has not7\ndecided whether to cancel the8\nregistration under section 63N(1) or (2).9\n10\n11. Part 3 Division 4 Subdivision 1 heading inserted11\nAt the beginning of Part 3 Division 4 insert:12\n13\nSubdivision 1 — When Board may amend, suspend or14\ncancel registration15\n16\n12. Sections 26A to 26F inserted17\nAfter section 26 insert:18\n19\n26A. Request under s. 26(1) by person given notice under20\ns. 26C, 63J or 63K21\n(1) This section applies if —22\n(a) the Board has given a person —23\n(i) a notice under section 26C in relation to24\nthe person’s registration generally or in25\na class of building service practitioner26\nor building service contractor; or27\n(ii) a notice under section 63J or 63K in28\nrelation to the person’s registration in a29\nclass of building service contractor;30\nand31\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 12\npage 11\n(b) the Board has not decided whether to suspend1\nthe registration under section 26B(1) or cancel2\nthe registration under section 63N(1) or (2) (as3\napplicable); and4\n(c) the person has, whether before or after the5\nnotice was given, made a request under6\nsection 26(1) —7\n(i) for the registration to be suspended; or8\n(ii) for the registration to be cancelled.9\n(2) The Board may refuse to consider the request to10\nsuspend or cancel the registration, as the case may be,11\nuntil the Board has decided not to suspend the person’s12\nregistration under section 26B(1) or cancel the person’s13\nregistration under section 63N(1) or (2) (as applicable).14\n26B. Suspension of registration for failure to comply with15\ndirection under Building Services (Complaint16\nResolution and Administration) Act 2011 s. 68(1)(a)17\nor (b)18\n(1) The Board may suspend the registration of a registered19\nbuilding service provider if the Building Commissioner20\nnotifies the Board in writing that the provider has failed21\nto comply with a direction given under the Building22\nServices (Complaint Resolution and Administration)23\nAct 2011 section 68(1)(a) or (b).24\n(2) Suspension of registration under subsection (1) may be25\nin relation to a provider’s registration generally or in26\nrelation to registration in a class or classes of building27\nservice practitioner or building service contractor.28\n(3) Subsection (1) applies whether or not the provider —29\n(a) is being or has been prosecuted for an offence30\nunder the Building Services (Complaint31\nResolution and Administration) Act 201132","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Building Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 12\npage 12\nsection 71(2) in relation to the failure to comply1\nwith the direction; or2\n(b) has a reasonable excuse for failing to comply3\nwith the direction.4\n(4) Suspension of registration under subsection (1) remains5\nin force until it is revoked by the Board under6\nsection 28A(1) or (3).7\n26C. Notice of intention to suspend registration under8\ns. 26B(1)9\n(1) The Board must, before suspending the registration of a10\nperson under section 26B(1), give a written notice to11\nthe person under this section.12\n(2) The notice must —13\n(a) state that the Building Commissioner has14\nnotified the Board that the person has failed to15\ncomply with a direction given under the16\nBuilding Services (Complaint Resolution and17\nAdministration) Act 2011 section 68(1)(a)18\nor (b), as the case may be; and19\n(b) state that the Board intends to suspend the20\nregistration of the person under section 26B(1)21\nuntil the Building Commissioner notifies the22\nBoard that the person has remedied the failure23\nto comply with the direction; and24\n(c) invite the person to make a submission to the25\nBoard on the matter within the period (the26\nresponse period) specified in the notice, which27\nmust not be less than 7 days after the day on28\nwhich the notice is given.29\n(3) The person may, before the end of the response period,30\napply to the Board for an extension of that period.31\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 12\npage 13\n(4) On an application under subsection (3), the Board may1\nextend the response period for such period as the Board2\nconsiders appropriate and may do so even if the3\nresponse period has ended.4\n(5) If the person makes a submission to the Board within5\nthe response period or that period as extended under6\nsubsection (4), the Board must consider the submission7\nbefore deciding to suspend the registration of the8\nperson under section 26B(1).9\n(6) The Board is not required to consider a submission10\nmade after the end of the response period or that period11\nas extended under subsection (4).12\n26D. Notice and taking effect of suspension of13\nregistration under s. 26B(1)14\n(1) If the Board decides to suspend the registration of a15\nperson under section 26B(1), the Board must give16\nwritten notice to the person.17\n(2) The notice must —18\n(a) include short particulars of the reasons for the19\ndecision; and20\n(b) state the effect of section 28A(2) and (3); and21\n(c) include notice of the person’s right of review22\nunder section 64.23\n(3) The suspension of the registration takes effect when the24\nnotice is given to the person or on a later date specified25\nin the notice.26\n26E. Board may notify certain persons if registration27\nsuspended under s. 26B(1)28\nThe Board may notify a notifiable person that the29\nregistration of a person is suspended under30\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 13\npage 14\nsection 26B(1) if the Board considers that the notifiable1\nperson has a relevant interest.2\n26F. Board may request suspension under s. 26B(1) be3\nnoted on register4\nThe Building Commissioner may, if the Board5\nrequests, include in the register details of the6\nsuspension of the registration of a building service7\nprovider under section 26B(1).8\n9\n13. Part 3 Division 4 Subdivision 2 heading inserted10\nBefore section 27 insert:11\n12\nSubdivision 2 — Effect and revocation of suspension of13\nregistration14\n15\n14. Section 27 amended16\nIn section 27 delete “section 26(1)(b)” and insert:17\n18\nsection 26(1)(b), 26B(1)19\n20\n15. Section 28 amended21\nAfter section 28(1) insert:22\n23\n(1A) Subsection (1) does not apply if the suspension is under24\nsection 26B(1).25\n26\nNote: The heading to amended section 28 is to read:27\nRevocation of suspension (other than suspension under28\ns. 26B(1))29\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 16\npage 15\n16. Sections 28A to 28C inserted1\nAt the end of Part 3 Division 4 insert:2\n3\n28A. Suspension of registration under s. 26B(1):4\nrevocation5\n(1) The Board may revoke the suspension of a registration6\nunder section 26B(1) at any time.7\n(2) The Building Commissioner must give the Board8\nwritten notice if satisfied that a person whose9\nregistration is suspended under section 26B(1) has10\nremedied the failure to comply with each direction on11\nwhich the suspension is based.12\n(3) If the Building Commissioner gives the Board a notice13\nunder subsection (2) in relation to a registration that is14\nsuspended under section 26B(1), the Board must15\nrevoke the suspension.16\n(4) If the Board revokes the suspension of a person’s17\nregistration under subsection (1) or (3), the Board must18\ngive written notice of the revocation to the person.19\n(5) The revocation takes effect when the notice is given to20\nthe person or on a later date specified by the Board in21\nthe notice.22\n28B. Suspension of registration under s. 26B(1): criminal23\nliability not affected24\nThe liability of a person to be prosecuted for an offence25\nunder the Building Services (Complaint Resolution and26\nAdministration) Act 2011 section 71(2) in relation to a27\nfailure to comply with a direction is not affected by the28\nsuspension of a registration of a registered building29\nservice provider under section 26B(1) in relation to the30\nfailure to comply.31\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 17\npage 16\n28C. Suspension of registration under s. 26B(1): remedies1\nnot affected2\nThe suspension of the registration of a person under3\nsection 26B(1) does not affect any remedy available to4\nthe owner of a building or a person for whom building5\nwork is carried out.6\n7\n17. Section 34A inserted8\nAfter section 34 insert:9\n10\n34A. Notification of material change to trust11\narrangements12\n(1) A building service contractor who is the trustee of a13\ntrust through which a business that involves carrying14\nout a prescribed building service is operated must give15\nthe Board written notice of any material change to the16\ntrust arrangements.17\nPenalty for this subsection: a fine of $5 000.18\n(2) For the purposes of subsection (1), a material change to19\nthe trust arrangements is any change to the trust20\ninstrument or the rights of the trustee that materially21\naffects the financial management of the building22\nservice contractor including, without limitation,23\nchanges to any of the following —24\n(a) the right to use trust assets;25\n(b) beneficial ownership of trust assets;26\n(c) indemnities and rights to recover against trust27\nassets or a beneficiary of the trust;28\n(d) the trustee’s power to incur liabilities or debts29\non behalf of the trust or a beneficiary of the30\ntrust;31\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 18\npage 17\n(e) the ability of third party creditors to make a1\nclaim against trust assets.2\n(3) The notice referred to in subsection (1) must be given3\nno later than 7 days after the material change to the4\ntrust arrangements.5\n6\n18. Section 63A amended7\nIn section 63A(1) in the definition of insolvent:8\n(a) in paragraph (c) delete “due;” and insert:9\n10\ndue; or11\n12\n(b) after paragraph (c) insert:13\n14\n(d) in any case — a person whose registration in a15\nclass of building service contractor is cancelled16\nunder section 63N(1) or (2);17\n18\n19. Part 5B inserted19\nAfter section 63G insert:20\n21\nPart 5B — Building service contractors who do22\nnot satisfy financial requirements23\n63H. Terms used24\nIn this Part —25\nfinancial requirements, in relation to a class of26\nbuilding service contractor, means the financial27\nrequirements prescribed by the regulations under28\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 19\npage 18\nsection 18(1)(b) for that class of building service1\ncontractor;2\nresponse period —3\n(a) for a notice given under section 63J or 63K —4\n(i) means the period for making a5\nsubmission to the Board specified in the6\nnotice under section 63J(3) or 63K(3);7\nand8\n(ii) includes any extension of that period9\nunder section 63M(3);10\nor11\n(b) for a direction given under section 63L(1) —12\n(i) means the period specified in the13\ndirection under section 63L(4); and14\n(ii) includes any extension of that period15\nunder section 63M(3).16\n63I. Person whose registration suspended taken to be17\nregistered for purposes of Part18\nFor the purposes of this Part and despite section 27, if19\nthe registration of a person in a class of building20\nservice contractor is suspended, the person is taken to21\nbe registered in that class of building service contractor22\nduring the period of suspension.23\n63J. Board may require contractor show they satisfy24\nfinancial requirements25\n(1) This section applies if the Board believes on reasonable26\ngrounds that a person does not satisfy the financial27\nrequirements for a class of building service contractor28\nin which the person is registered.29\n(2) Without limiting the circumstances in which there are30\nreasonable grounds to believe that a person does not31\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 19\npage 19\nsatisfy the financial requirements for a class of building1\nservice contractor, the Board may have regard to any of2\nthe following —3\n(a) any credit reporting information from a credit4\nreporting body in relation to the person;5\n(b) any credit report, credit score or financial6\ninformation in relation to the person from a7\ncredit reporting bureau, ratings organisation or8\nother provider;9\n(c) any complaint in relation to the person;10\n(d) any restriction or condition imposed on the11\nperson’s ability to obtain a policy of insurance12\nthat complies with the Home Building13\nContracts Act 1991 Part 3A Division 2 or14\ncorresponding cover of the type referred to in15\nsection 25DA of that Act;16\n(e) any information or report provided to the Board17\nunder a condition of the registration;18\n(f) any financial information in relation to the19\nperson given in compliance with a direction20\nunder the Building Services (Complaint21\nResolution and Administration) Act 201122\nsection 68(1)(a) or (b);23\n(g) any contravention of a condition of the24\nregistration;25\n(h) whether the person has not paid a building26\nservice debt of a kind referred to in27\nsection 53(4) that the person has incurred;28\n(i) any Commonwealth or State tax debt owed by29\nthe person;30\n(j) any unpaid employee entitlements owed by the31\nperson.32\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 19\npage 20\n(3) The Board may give the person a written notice —1\n(a) stating that the Board believes that the person2\ndoes not satisfy the financial requirements for3\nthe class of building service contractor; and4\n(b) stating that the Board intends to cancel the5\nregistration of the person in that class of6\nbuilding service contractor if the person does7\nnot satisfy the Board that the person satisfies8\nthe financial requirements for that class; and9\n(c) inviting the person to make a submission to the10\nBoard on the matter —11\n(i) within the period specified in the notice,12\nwhich must not be less than 28 days13\nafter the day on which the notice is14\ngiven; and15\n(ii) in the manner and form specified in the16\nnotice;17\nand18\n(d) directing the person to provide the Board with19\nsuch information relevant to the matter as the20\nBoard considers appropriate —21\n(i) within the response period for the22\nnotice; and23\n(ii) in the manner and form specified in the24\nnotice.25\n(4) A direction referred to in subsection (3)(d) may require26\nthat the information be verified by statutory declaration27\nor in another way specified in the notice (including by28\na specified person or person belonging to a specified29\nclass of persons).30\n(5) The notice must state that it is given under this section.31\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 19\npage 21\n(6) The notice need not state the reasons for the Board’s1\nbelief that the person does not satisfy the financial2\nrequirements for the class of building service3\ncontractor.4\n63K. Board may require related contractor show they5\nsatisfy financial requirements6\n(1) This section applies if —7\n(a) the Board has given, or intends to give, a8\nperson (the primary contractor) a notice under9\nsection 63J; and10\n(b) the Board believes on reasonable grounds that11\nthe primary contractor is related to another12\nperson (the related contractor).13\n(2) For the purposes of subsection (1), a person and14\nanother person are related if —15\n(a) they are related bodies corporate as defined in16\nthe Corporations Act section 9; or17\n(b) they are corporations and the same person has18\nan interest of at least 50% in both of them; or19\n(c) they are bodies and the same person is an20\nofficer of both of them; or21\n(d) one is a body and the other is an officer of that22\nbody; or23\n(e) one is a body and the other is an individual who24\nhas an interest of at least 50% in the body; or25\n(f) one is a trustee of a trust and the other is a26\nbeneficiary of the trust or, in the case of a27\ndiscretionary trust, an object of the trust; or28\n(g) they are the same person; or29\n(h) other prescribed circumstances exist.30\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 19\npage 22\n(3) The Board may give the related contractor a written1\nnotice —2\n(a) stating that the Board believes that the related3\ncontractor is related to the primary contractor;4\nand5\n(b) stating that the Board —6\n(i) believes that the primary contractor7\ndoes not satisfy the financial8\nrequirements for the class of building9\nservice contractor specified in the10\nnotice; and11\n(ii) has given or intends to give, as is12\nrelevant, a notice to the primary13\ncontractor in relation to the primary14\ncontractor’s registration in that class;15\nand16\n(iii) intends to cancel the primary17\ncontractor’s registration in that class if18\nthe primary contractor does not satisfy19\nthe Board that the primary contractor20\nsatisfies the financial requirements for21\nthat class;22\nand23\n(c) stating that the Board also intends to cancel the24\nregistration of the related contractor in the class25\nof building service contractor specified in the26\nnotice if —27\n(i) the related contractor does not satisfy28\nthe Board that the related contractor29\nsatisfies the financial requirements for30\nthat class; or31\n(ii) the related contractor does not satisfy32\nthe Board that the related contractor33\nwould be able to satisfy the financial34\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 19\npage 23\nrequirements for that class if the1\nregistration of the primary contractor2\nwere to be cancelled;3\nand4\n(d) inviting the related contractor to make a5\nsubmission to the Board on the matter —6\n(i) within the period specified in the notice,7\nwhich must not be less than 28 days8\nafter the day on which the notice is9\ngiven; and10\n(ii) in the manner and form specified in the11\nnotice;12\nand13\n(e) directing the related contractor to provide the14\nBoard with such information relevant to the15\nmatter as the Board considers appropriate —16\n(i) within the response period; and17\n(ii) in the manner and form specified in the18\nnotice.19\n(4) A direction referred to in subsection (3)(e) may require20\nthat the information be verified by statutory declaration21\nor in another way specified in the notice (including by22\na specified person or person belonging to a specified23\nclass of persons).24\n(5) The notice must state that it is given under this section.25\n(6) The notice need not state the reasons for the Board’s26\nbelief that —27\n(a) the related contractor is related to the primary28\ncontractor; or29\n(b) the primary contractor does not satisfy the30\nfinancial requirements for the class of building31\nservice contractor.32","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Building Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 19\npage 24\n63L. Directions to provide information after notice given1\nunder s. 63J or 63K2\n(1) The Board may, in writing, direct a person who has3\nbeen given a notice under section 63J or 63K to4\nprovide the Board with such information, or further5\ninformation, relevant to the matter to which the notice6\nrelates as the Board considers appropriate.7\n(2) The Board may give a person more than 1 direction8\nunder subsection (1).9\n(3) A direction under subsection (1) may require that the10\ninformation —11\n(a) be provided in the manner and form specified12\nin the direction; or13\n(b) be verified by a statutory declaration or in14\nanother way specified in the direction15\n(including by a specified person or person16\nbelonging to a specified class of persons).17\n(4) The Board must specify in the direction the period18\nwithin which the person must comply with the19\ndirection.20\n63M. Application to extend response period21\n(1) A person who has been given a notice under22\nsection 63J or 63K may, before the end of the response23\nperiod for the notice, apply to the Board for an24\nextension of that period.25\n(2) A person who has been given a direction under26\nsection 63L(1) may, before the end of the response27\nperiod for the direction, apply to the Board for an28\nextension of that period.29\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 19\npage 25\n(3) On an application under subsection (1) or (2), the1\nBoard may extend the response period for the notice or2\ndirection, as the case may be, for such period as the3\nBoard considers appropriate and may do so even if the4\nperiod has ended.5\n63N. Cancellation of registration if contractor does not6\nshow they satisfy financial requirements7\n(1) The Board may cancel the registration of a person in a8\nclass of building service contractor if —9\n(a) the Board has given the person a notice under10\nsection 63J or 63K in relation to the person’s11\nregistration in that class of building service12\ncontractor; and13\n(b) the response period for the notice given to the14\nperson under section 63J or 63K has ended; and15\n(c) the response period for each direction (if any)16\ngiven to the person under section 63L(1) has17\nended; and18\n(d) the person has not satisfied the Board that the19\nperson satisfies the financial requirements for20\nthat class of building service contractor.21\n(2) The Board may cancel the registration of a person in a22\nclass of building service contractor if —23\n(a) the Board has given the person a notice under24\nsection 63K in relation to the person’s25\nregistration in that class of building service26\ncontractor; and27\n(b) the response period for the notice given to the28\nperson under section 63K has ended; and29\n(c) the response period for each direction given to30\nthe person under section 63L(1) has ended; and31\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 19\npage 26\n(d) the Board has decided to cancel the relevant1\nregistration of the primary contractor under2\nsubsection (1); and3\n(e) the person has not satisfied the Board that the4\nperson would be able to satisfy the financial5\nrequirements for that class of building service6\ncontractor if the relevant registration of the7\nprimary contractor were to be cancelled.8\n(3) A reference in subsection (2) to the relevant9\nregistration of the primary contractor is a reference to10\nthe registration of the primary contractor specified in11\nthe notice given to the person under section 63K.12\n(4) Subsection (5) applies if the person —13\n(a) makes a submission to the Board within the14\nresponse period for the notice given to the15\nperson under section 63J or 63K; or16\n(b) provides information as directed by the Board17\nin the notice given to the person under18\nsection 63J or 63K within the response period19\nfor the notice; or20\n(c) provides information as directed by the Board21\nin a direction given to the person under22\nsection 63L(1) within the response period for23\nthe direction.24\n(5) If this subsection applies, the Board must consider the25\nsubmission or information before deciding to cancel26\nthe registration of the person under subsection (1)27\nor (2).28\n(6) Subsection (5) does not require the Board to consider29\nany information that is not verified as required by the30\nnotice given to the person under section 63J or 63K, or31\ndirection given to the person under section 63L(1),32\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 19\npage 27\nunder which the person was directed to provide the1\ninformation.2\n(7) The Board is not required to consider —3\n(a) any submission made after the end of the4\nresponse period for the notice given to the5\nperson under section 63J or 63K; or6\n(b) any information that the Board directed the7\nperson to provide in the notice given to the8\nperson under section 63J or 63K that is9\nprovided after the end of the response period10\nfor the notice; or11\n(c) any information that the Board directed the12\nperson to provide in a direction given to the13\nperson under section 63L(1) that is provided14\nafter the end of the response period for the15\ndirection.16\n63O. Notice and taking effect of cancellation of17\nregistration under s. 63N(1) or (2)18\n(1) If the Board decides to cancel the registration of a19\nperson under section 63N(1) or (2), the Board must20\ngive written notice to the person.21\n(2) The notice must —22\n(a) include short particulars of the reasons for the23\ndecision; and24\n(b) state the effect of subsection (3); and25\n(c) include notice of the person’s right of review26\nunder section 64.27\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 20\npage 28\n(3) The cancellation of the registration does not take1\neffect —2\n(a) until the expiration of the period of 28 days3\nafter the day on which the notice is given; or4\n(b) if the person applies within that period to the5\nState Administrative Tribunal for a review of6\nthe decision under Part 6 — unless the7\napplication is withdrawn or the decision is8\naffirmed following the review.9\n63P. Board may notify certain persons if registration10\ncancelled under s. 63N(1) or (2)11\nThe Board may notify a notifiable person that the12\nregistration of a person has been cancelled under13\nsection 63N(1) or (2) if the Board considers that the14\nnotifiable person has a relevant interest.15\n16\n20. Section 64 amended17\nIn section 64(1) in the definition of reviewable decision —18\n(a) after paragraph (c) insert:19\n20\n(ca) to suspend the registration of a person under21\nsection 26B(1); or22\n23\n(b) after paragraph (da) insert:24\n25\n(db) to cancel the registration of a person in a class26\nof building service contractor under27\nsection 63N(1) or (2); or28\n29\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 21\npage 29\n21. Sections 64A and 64B inserted1\nAt the end of Part 6 insert:2\n3\n64A. Review by State Administrative Tribunal of4\ndecision to suspend registration under s. 26B(1)5\n(1) This section applies to a proceeding under this Part for6\na review of a decision to suspend the registration of a7\nperson under section 26B(1).8\n(2) The State Administrative Tribunal cannot under the9\nState Administrative Tribunal Act 2004 section 25(2)10\nmake an order staying the operation of the decision.11\n(3) In the absence of evidence to the contrary, it is12\npresumed that any of the following purporting to have13\nbeen given by a delegate of the Board was given by a14\nperson in the performance of a function that at the time15\nwas delegated to the person by the Board —16\n(a) a notice under section 26C;17\n(b) an extension of a response period under18\nsection 26C(4).19\n(4) In the absence of evidence to the contrary, it is20\npresumed that a notice under section 26C purporting to21\nhave been given to a person was given to the person in22\naccordance with the provisions of the Interpretation23\nAct 1984 and, if relevant, the Corporations Act, relating24\nto service of documents.25\n(5) In the absence of evidence to the contrary, it is26\npresumed that a direction purporting to have been27\ngiven to a person under the Building Services28\n(Complaint Resolution and Administration) Act 201129\nsection 68(1)(a) or (b) —30\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 21\npage 30\n(a) was given by a person who at the time was —1\n(i) an authorised person as defined in2\nsection 3 of that Act; and3\n(ii) authorised to give the direction;4\nand5\n(b) if it was given in writing — was served on the6\nperson in accordance with section 107 of that7\nAct and any other law relating to the8\nrequirements for serving the direction.9\n(6) In the absence of evidence to the contrary, it is10\npresumed that a notification to the Board for the11\npurposes of section 26B(1) purporting to have been12\ngiven by a delegate of the Building Commissioner was13\ngiven by a person in the performance of a function that14\nat the time was delegated to the person by the Building15\nCommissioner.16\n64B. Review by State Administrative Tribunal of17\ndecision to cancel registration under s. 63N(1) or (2)18\n(1) In this section —19\nresponse period, for a notice given under section 63J20\nor 63K, or a direction under section 63L(1), has the21\nmeaning given in section 63H.22\n(2) This section applies to a proceeding under this Part for23\na review of a decision to cancel the registration of a24\nperson in a class of building service contractor under25\nsection 63N(1) or (2).26\n(3) The State Administrative Tribunal cannot consider any27\ninformation that the Board directed the person to28\nprovide in the notice given to the person under29\nsection 63J or 63K, or a direction under section 63L(1),30\nin relation to the registration that was not provided to31\nthe Board (either by way of a submission made to the32\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 21\npage 31\nBoard or otherwise) within the response period for the1\nnotice or direction, as is relevant.2\n(4) Subsection (3) applies despite the State Administrative3\nTribunal Act 2004 section 27(1).4\n(5) In the absence of evidence to the contrary, it is5\npresumed that any of the following purporting to have6\nbeen given by a delegate of the Board was given by a7\nperson in the performance of a function that at the time8\nwas delegated to the person by the Board —9\n(a) a notice given to a person under section 63J or10\n63K;11\n(b) a direction given to a person under12\nsection 63L(1);13\n(c) an extension of a response period for a notice14\ngiven to a person under section 63J or 63K;15\n(d) an extension of a response period for a16\ndirection given to a person under17\nsection 63L(1).18\n(6) In the absence of evidence to the contrary, it is19\npresumed that any of the following purporting to have20\nbeen given to a person was given to the person in21\naccordance with the provisions of the Interpretation22\nAct 1984 and, if relevant, the Corporations Act, relating23\nto service of documents —24\n(a) a notice given to a person under section 63J or25\n63K;26\n(b) a direction given to a person under27\nsection 63L(1).28\n29\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 22\npage 32\n22. Section 71 amended1\nIn section 71(1) delete “(other than section 26 or 56)” and2\ninsert:3\n4\n(other than section 26, 26B(1), 56 or 63N(1) or (2))5\n6\n23. Part 9 Division 3 Subdivision 5 inserted7\nAt the end of Part 9 Division 3 insert:8\n9\nSubdivision 5 — Transitional provisions for Building10\nServices Legislation Amendment (Financial Oversight)11\nAct 202612\n146A. Application for renewal of registration13\n(1) In this section —14\ncommencement day means the day on which the15\nBuilding Services Legislation Amendment (Financial16\nOversight) Act 2026 section 9 comes into operation.17\n(2) A reference in section 15B(1)(c) to an application for18\nthe renewal of a registration includes a reference to an19\napplication for the renewal of the registration that was20\nmade before commencement day.21\n146B. Application for request to suspend or cancel22\nregistration23\n(1) In this section —24\ncommencement day means the day on which the25\nBuilding Services Legislation Amendment (Financial26\nOversight) Act 2026 section 12 comes into operation.27\n(2) A reference in section 26A(1)(c) to a request made28\nunder section 26(1) includes a reference to a request29\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nSuspension of registration and cancellation of registration Division 2\ns. 23\npage 33\nthat was made under that section before1\ncommencement day.2\n146C. Directions given under Building Services (Complaint3\nResolution and Administration) Act 2011 s. 68(1)(a)4\nor (b)5\n(1) In this section —6\ncommencement day means the day on which the7\nBuilding Services Legislation Amendment (Financial8\nOversight) Act 2026 section 12 comes into operation;9\n(2) A reference in section 26B(1) to a direction given10\nunder the Building Services (Complaint Resolution and11\nAdministration) Act 2011 section 68(1)(a) or (b)12\nincludes a reference to a direction (a13\npre-commencement direction) given under that section14\nbefore commencement day.15\n(3) For the purposes of section 26B(1), it is irrelevant that16\na failure to comply with a pre-commencement direction17\noccurred before commencement day.18\n(4) Despite subsection (2), section 26B(1) does not apply19\nin relation to a failure to comply with a20\npre-commencement direction if a prosecution for an21\noffence under the Building Services (Complaint22\nResolution and Administration) Act 2011 section 71(2)23\nin relation to the failure was commenced before24\ncommencement day.25\n146D. Transitional regulations26\n(1) In this section —27\npublication day, in relation to regulations made for the28\npurposes of subsection (2), means the day on which the29\nregulations are published in accordance with the30\nInterpretation Act 1984 section 41(1)(a);31\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 2 Suspension of registration and cancellation of registration\ns. 23\npage 34\nrelevant transitional matter —1\n(a) means a matter or issue of a transitional nature2\nthat arises as a result of any of the amendments3\nto this Act, or to any other written law, made by4\nthe Building Services Legislation Amendment5\n(Financial Oversight) Act 2026; and6\n(b) includes a saving or application matter;7\nspecified means specified or described in regulations8\nmade for the purposes of subsection (2).9\n(2) Regulations may prescribe anything required,10\nnecessary or convenient to be prescribed in relation to a11\nrelevant transitional matter.12\n(3) Without limiting subsection (2), regulations made for13\nthe purposes of that subsection may provide for14\nspecified provisions of this Act or another written15\nlaw —16\n(a) not to apply to, or in relation to, a specified17\nmatter or thing; or18\n(b) to apply with specified modifications to, or in19\nrelation to, a specified matter or thing.20\n(4) If regulations made for the purposes of subsection (2)21\nprovide that a specified state of affairs is taken to have22\nexisted, or not to have existed, on and after a day that is23\nearlier than publication day but not earlier than the day24\non which the Building Services Legislation Amendment25\n(Financial Oversight) Act 2026 section 23 comes into26\noperation, the transitional regulations have effect27\naccording to their terms.28\n(5) If regulations made for the purposes of subsection (2)29\ncontain a provision of a kind described in30\nsubsection (4), the provision does not operate so as —31\n(a) to affect in a manner prejudicial to any person32\n(other than the State or an authority of the33","sortOrder":2},{"sectionNumber":"retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"Building Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nOther amendments Division 3\ns. 24\npage 35\nState) the rights of that person existing before1\npublication day; or2\n(b) to impose liabilities on any person (other than3\nthe State or an authority of the State) in respect4\nof anything done or omitted to be done before5\npublication day.6\n7\nDivision 3 — Other amendments8\n24. Section 3 amended9\n(1) In section 3 insert in alphabetical order:10\n11\ncredit reporting body has the meaning given in the12\nPrivacy Act 1988 (Cth) section 6(1);13\ncredit reporting information has the meaning given in14\nthe Privacy Act 1988 (Cth) section 6(1);15\nnotifiable person means —16\n(a) any person who has authority to grant a17\nbuilding permit; or18\n(b) an insurer who provides a policy of insurance19\nin relation to residential building work, as20\ndefined in the Home Building Contracts21\nAct 1991 section 25A, for the purposes of22\nPart 3A of that Act; or23\n(c) an approved fund as defined in the Home24\nBuilding Contracts Act 1991 section 25A;25\n26\n(2) In section 3 in the definition of Corporations Act delete27\n“(Commonwealth);” and insert:28\n29\n(Cth);30\n31\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 3 Other amendments\ns. 25\npage 36\n25. Section 24 amended1\n(1) After section 24(1) insert:2\n3\n(1A) Without limiting subsection (1), the Board may impose4\na condition under this section requiring a building5\nservice provider to report to the Board on specified6\nmatters in a specified form and at a specified time.7\n8\n(2) After section 24(2) insert:9\n10\n(2A) The Board may request a person to provide written11\nconsent to the imposition of a condition on the person’s12\nregistration under this section.13\n14\n26. Section 30 amended15\nAfter section 30(4) insert:16\n17\n(5) The Building Commissioner may, if the Board18\nrequests, remove from any or all of the following such19\nparticulars included in the register in respect of a20\nbuilding service practitioner or building service21\ncontactor, or a class of building service practitioner or22\nbuilding service contractor, as are specified in the23\nrequest —24\n(a) the copy of the register that is available for25\ninspection under subsection (1);26\n(b) the copy of the register that is available for27\ninspection under subsection (2);28\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nOther amendments Division 3\ns. 27\npage 37\n(c) a certified copy of the register or entry in the1\nregister provided under subsection (3);2\n(d) a copy of the register or any part of, or entry in,3\nthe register published under subsection (4).4\n5\n27. Part 3 Division 7 inserted6\nAt the end of Part 3 insert:7\n8\nDivision 7 — Credit reporting information about9\napplicants and registered individuals10\n37A. Board may request credit reporting information11\nabout applicants and registered individuals12\n(1) In this section —13\nrelevant individual means an individual who is any of14\nthe following —15\n(a) an applicant under section 13;16\n(b) a registered building service provider;17\n(c) an individual whose registration in a class of18\nbuilding service practitioner or building service19\ncontactor is suspended.20\n(2) The Board may request a credit reporting body to21\nprovide the Board with credit reporting information22\nabout a relevant individual for any of the following23\npurposes —24\n(a) determining an application under section 13;25\n(b) monitoring whether the relevant individual is26\ncomplying with the conditions of their27\nregistration;28\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 3 Other amendments\ns. 28\npage 38\n(c) monitoring whether any other disciplinary1\nmatter may exist in relation to the relevant2\nindividual.3\n(3) If requested by the Board, a credit reporting body must4\nprovide the Board with credit reporting information5\nabout a relevant individual.6\n7\n28. Section 51 amended8\nDelete section 51(6) and insert:9\n10\n(6) The Board may notify a notifiable person that the11\nBoard has cancelled an owner-builder approval if the12\nBoard considers that the notifiable person has a13\nrelevant interest.14\n15\n29. Section 52 amended16\nAfter section 52(1) insert:17\n18\n(1A) A reference in subsection (1) to a former registered19\nbuilding service provider includes a reference to a20\nperson whose registration in a class of building service21\npractitioner or building service contractor is suspended.22\n23\n30. Section 62 replaced24\nDelete section 62 and insert:25\n26\n62. Board may notify certain persons if registration27\nsuspended or cancelled28\nThe Board may notify a notifiable person that the29\nregistration of a person is suspended or cancelled under30\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nOther amendments Division 3\ns. 31\npage 39\nthis Division if the Board considers that the notifiable1\nperson has a relevant interest.2\n3\n31. Section 63A amended4\n(1) In section 63A(1) in the definition of insolvent after5\nparagraph (b) insert:6\n7\n(ba) in the case of a corporation — a corporation8\nthat has a small business restructuring9\npractitioner appointed under the Corporations10\nAct; or11\n(bb) in any case — a person whose registration in a12\nclass of building service contractor is not13\nrenewed because the person did not satisfy the14\nfinancial requirements, if any, prescribed by the15\nregulations under section 18(1)(b) for that class16\nof building service contractor; or17\n18\n(2) After section 63A(2) insert:19\n20\n(2A) Without limiting subsection (2), a reference in this Part21\nto a person becoming an insolvent includes a reference22\nto the person becoming an insolvent because of23\nparagraph (ba) or (bb) of the definition of insolvent in24\nsubsection (1) before the commencement of the25\nBuilding Services Legislation Amendment (Financial26\nOversight) Act 2026 section 31(1).27\n28\n(3) After section 63A(3) insert:29\n30\n(4) Without limiting subsection (3), a reference in this Part31\nto a non-corporate body becoming an insolvent32\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 3 Building Services (Registration) Act 2011 amended\nDivision 3 Other amendments\ns. 32\npage 40\nincludes a reference to an officer of the body becoming1\nan insolvent because of paragraph (ba) or (bb) of the2\ndefinition of insolvent in subsection (1) before the3\ncommencement of the Building Services Legislation4\nAmendment (Financial Oversight) Act 20265\nsection 31(1).6\n7\n32. Section 63G amended8\nIn section 63G(b) delete “confirmed” and insert:9\n10\naffirmed11\n12\n33. Section 64 amended13\n(1) In section 64(1) in the definition of reviewable decision14\nparagraphs (a) to (d) delete “building service provider” and15\ninsert:16\n17\nperson18\n19\n(2) After section 64(3) insert:20\n21\n(4) A decision to impose a condition on the registration of22\na person under section 24(1) is not subject to review23\nunder this Part if the Board obtained the person’s24\nwritten consent to the imposition of that condition.25\n26\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nBuilding Services (Registration) Act 2011 amended Part 3\nOther amendments Division 3\ns. 34\npage 41\n34. Section 71 amended1\nIn section 71(1):2\n(a) delete “Act, other than a power or duty conferred on the3\nBoard under a provision referred to in the Table — ”4\nand insert:5\n6\nAct (other than section 26 or 56) or under any other7\nAct —8\n9\n(b) delete the Table.10\n11\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 4 Home Building Contracts Act 1991 amended\ns. 35\npage 42\nPart 4 — Home Building Contracts Act 1991 amended1\n35. Act amended2\nThis Part amends the Home Building Contracts Act 1991.3\n36. Section 25A amended4\nIn section 25A insert in alphabetical order:5\n6\nBuilding Services Board means the Building Services7\nBoard established by the Building Services8\n(Registration) Act 2011 section 65;9\n10\n37. Section 25D amended11\n(1) In section 25D(1A) in the definition of relevant circumstance:12\n(a) in paragraph (d) delete “Act.” and insert:13\n14\nAct; or15\n16\n(b) after paragraph (d) insert:17\n18\n(e) if the builder is a building service contractor19\nunder the Building Services (Registration)20\nAct 2011 — the cancellation of the builder’s21\nregistration in a class of building service22\ncontractor took effect under section 63O(3) of23\nthat Act.24\n25\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nHome Building Contracts Act 1991 amended Part 4\ns. 37\npage 43\n(2) After section 25D(1)(d) insert:1\n2\n(da) it provides that a claim may be made after the3\nexpiration of the period referred to in4\nparagraph (d) if —5\n(i) the Building Services Board decides to6\ncancel the builder’s registration in a7\nclass of building service contractor8\nunder the Building Services9\n(Registration) Act 2011 section 63N(1)10\nor (2) before the expiration of that11\nperiod; and12\n(ii) written notice of intention to make the13\nclaim is given to the insurer within14\n28 days after the day on which the15\nBuilding Services Board makes the16\ndecision, regardless of whether the17\nentitlement to make the claim exists18\nwhen the notice of intention is given;19\nand20\n(iii) the claim is made within 6 months after21\nthe cancellation takes effect under the22\nBuilding Services (Registration)23\nAct 2011 section 63O(3);24\nand25\n26\nNote: The heading to amended section 25D is to read:27\nTerms of insurance policy for this Division28\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 4 Home Building Contracts Act 1991 amended\ns. 38\npage 44\n38. Section 25DB inserted1\nAt the end of Part 3A Division 2 insert:2\n3\n25DB. Transitional provision for Building Services4\nLegislation Amendment (Financial Oversight)5\nAct 20266\n(1) In this section —7\namendment Act means the Building Services8\nLegislation Amendment (Financial Oversight)9\nAct 2026;10\ncommencement day means the day on which the11\namendment Act section 37 comes into operation;12\nnew relevant circumstance means the circumstance13\nreferred to in paragraph (e) of the definition of relevant14\ncircumstance in section 25D(1A).15\n(2) This section applies in relation to a policy of insurance16\n(a pre-commencement policy) that —17\n(a) is in force in respect of residential building18\nwork; and19\n(b) was entered into before commencement day to20\nsatisfy a requirement of this Division.21\n(3) A reference in a pre-commencement policy to a22\nrelevant circumstance is taken to include a reference to23\nthe new relevant circumstance.24\n(4) Subsection (3) applies despite any provision of the25\npre-commencement policy that —26\n(a) defines the term “relevant circumstance” for the27\npurposes of the pre-commencement policy; or28\n(b) provides for when a relevant circumstance29\nexists for the purposes of the30\npre-commencement policy.31\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nHome Building Contracts Act 1991 amended Part 4\ns. 39\npage 45\n(5) Nothing in subsection (3) or (4) —1\n(a) extends or otherwise affects the period for2\nmaking a claim under a pre-commencement3\npolicy; or4\n(b) limits a provision of a pre-commencement5\npolicy that defines the term “relevant6\ncircumstance” for the purposes of the7\npre-commencement policy; or8\n(c) limits a provision of a pre-commencement9\npolicy that provides for when a relevant10\ncircumstance exists.11\n(6) A pre-commencement policy is taken to provide for the12\nmatter referred to in section 25D(1)(da).13\n(7) Despite the amendments made by the amendment Act14\nsection 37, section 25D, as in force immediately before15\ncommencement day, continues to apply on and after16\nthat day for the purposes of determining under17\nsection 25D(1) whether a pre-commencement policy18\ncomplies with this Division.19\n20\n39. Part 3A Division 6 inserted21\nAt the end of Part 3A insert:22\n23\nDivision 6 — Exchange of information24\n25M. Exchange of information between Building25\nCommissioner, Building Services Board, approved26\ninsurers and approved funds27\n(1) In this section —28\napproved insurer means an insurer referred to in29\nsection 25D(1)(f) or 25G(1)(d).30\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nPart 4 Home Building Contracts Act 1991 amended\ns. 39\npage 46\n(2) The Building Commissioner may disclose information1\nto —2\n(a) an approved insurer if, in the opinion of the3\nBuilding Commissioner the information is, or is4\nlikely to be, relevant to the functions of the5\napproved insurer in providing a policy of6\ninsurance for the purposes of this Act; or7\n(b) an approved fund if, in the opinion of the8\nBuilding Commissioner the information is, or is9\nlikely to be, relevant to the functions of the10\napproved fund in providing corresponding11\ncover.12\n(3) The Building Services Board may disclose information13\nto —14\n(a) an approved insurer if, in the opinion of the15\nBuilding Services Board the information is, or16\nis likely to be, relevant to the functions of the17\napproved insurer in providing a policy of18\ninsurance for the purposes of this Act; or19\n(b) an approved fund if, in the opinion of the20\nBuilding Services Board the information is, or21\nis likely to be, relevant to the functions of the22\napproved fund in providing corresponding23\ncover.24\n(4) The Building Commissioner may request an approved25\nfund or an approved insurer to disclose information to26\nthe Building Commissioner if, in the opinion of the27\nBuilding Commissioner, the information is, or is likely28\nto be, relevant to the functions of the Building29\nCommissioner.30\n(5) The Building Services Board may request an approved31\nfund or an approved insurer to disclose information to32\nthe Building Services Board if, in the opinion of the33\nBuilding Services Board, the information is, or is likely34\n\nBuilding Services Legislation Amendment (Financial Oversight) Bill 2026\nHome Building Contracts Act 1991 amended Part 4\ns. 39\npage 47\nto be, relevant to the functions of the Building Services1\nBoard.2\n(6) A request to disclose information under subsection (4)3\nor (5) may include a request to disclose the information4\non an ongoing basis.5\n(7) Without limiting other ways in which a disclosure may6\nbe made, information may be disclosed under this7\nsection by adding the information directly into a8\ndatabase that is accessible only to persons or bodies to9\nwhom the information may be disclosed in accordance10\nwith this section.11\n(8) Information may be disclosed under subsection (2) or12\n(3), or in compliance with a request under13\nsubsection (4) or (5), despite any written law relating to14\nsecrecy or confidentiality.15\n(9) If information is disclosed in good faith under this16\nsection —17\n(a) no civil or criminal liability is incurred in18\nrespect of the disclosure; and19\n(b) the disclosure is not to be regarded as a breach20\nof any duty of confidentiality or secrecy21\nimposed by law; and22\n(c) the disclosure is not to be regarded as a breach23\nof professional ethics or standards or as24\nunprofessional conduct.25\n26","sortOrder":3}],"analysis":{"summary":{"status_summary":"The Building Services Legislation Amendment (Financial Oversight) Bill 2026 is at the second reading stage in the Western Australian Legislative Assembly.","complexity_score":8,"likely_questions":["What specific financial requirements must a building service contractor satisfy under the new Part 5B?","Can the Board suspend a contractor's registration without giving them a chance to respond?","How does the new power to require creation of information (e.g., a special purpose financial statement) differ from existing powers?","What happens if a contractor's registration is suspended in relation to one class but not another?","Are there any limits on what credit reporting information the Board can request and how it can be used?"],"complexity_factors":["The bill amends three separate Acts with complex interlocking provisions","New powers for suspension and cancellation involve detailed procedural requirements, notice periods, and response periods","The concept of 'related contractor' includes multiple categories with cross-references to the Corporations Act and trust law","Transitional provisions apply differently to pre-commencement directions and applications","Information-sharing provisions override secrecy laws and include ongoing disclosure mechanisms"],"plain_english_summary":"The Bill sharply expands the Building Commissioner’s and Building Services Board’s powers to demand financial information (including creating new documents), use credit-reporting and other financial indicators, and suspend or cancel registrations for builders, trustees and related entities who fail financial tests or directions. It adds notification and penalty obligations, lets insurers and regulators be notified, and limits tribunal review evidence. It matters because it increases regulatory oversight to protect consumers but raises compliance costs, broader liability for related businesses, and tighter limits on review rights."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Bill materially broadens the regulatory scope beyond the original focus on registration, complaints and discipline into active financial surveillance and information sharing. It introduces a coherent regime for proactively assessing and enforcing contractors' financial fitness (Part 5B), authorises credit reporting checks (new section 37A), requires trustee trust‑change notifications (section 34A) and creates data‑sharing links with insurers and approved funds (Home Building Contracts Act s.25M). Those additions move the legislation from largely reactive licence/complaint handling toward preventive oversight and coordinated action with insurers — a substantive change of scope that increases regulatory intrusion into commercial and financial affairs of contractors and related parties."},"complexity_factors":["Inserts ~30 new sections across two Acts (e.g. 26A–26F, 28A–28C, 34A, 63H–63P, 64A–64B, 25M) and multiple amendments to existing sections","Creates a new Part 5B with many interlocking provisions (63H–63P) including notice, direction, extension, cancellation and related-entity tests","Multiple cross-references between Acts (Building Services (Registration) Act, Building Services (Complaint Resolution and Administration) Act s.68, and Home Building Contracts Act)","Several procedural timeframes and conditional paths (7‑day, 28‑day, 6‑month, response period extensions) with effects on suspension, renewal and cancellation","Evidential and procedural presumptions inserted for SAT review and service (64A, 64B) that limit admissible evidence and remove stays — increases legal complexity","Expanded defined terms and new definitions (financial requirements; response period; credit reporting information; notifiable person; related contractor) that widen scope and interpretation issues","Nested exceptions and carve-outs (e.g. revocation rules for suspensions under s.26B versus other suspensions; transitional rules in 146A–146D and 25DB)","Introduction of compulsory credit reporting exchange and mandatory disclosure obligations (section 37A and 25M) raising privacy/data-handling interactions with Commonwealth law","Interacting effects on insurance claim timing and eligibility (amendments to Home Building Contracts Act s.25D and the new information exchange provisions)","Added administrative discretions (Board’s belief on reasonable grounds, Building Commissioner notifications) increasing reliance on fact-sensitive judgments"],"plain_english_summary":"**What the Bill does (mechanics first)\n\n- Gives the Building Services Board and Building Commissioner new powers to police the financial capacity and behaviour of registered building service contractors and practitioners. Key new tools include:\n  - suspension of registration where a contractor fails to comply with a direction from the Building Commissioner (Building Services (Complaint Resolution and Administration) Act s.68) (new sections 26B, 26C, 26D, 28A–28C);\n  - a formal process for the Board to require a contractor to show it meets prescribed financial requirements, with time-limited notices, information directions, and possible cancellation if the contractor does not satisfy the Board (new Part 5B: sections 63H–63N, 63O–63P);\n  - ability for the Board to require the same financial showing from related entities (wide definition of “related”) (section 63K);\n  - tighter controls on renewal decisions while suspensions/cancellation processes are live (sections 15A, 15B, 18);\n  - powers to obtain credit reporting information about applicants and registered individuals (new section 37A);\n  - a requirement for contractors acting as trustees to notify material changes to trust arrangements within seven days (section 34A; $5,000 fine);\n  - greater information exchange between the Building Commissioner, the Building Services Board, approved insurers and approved funds (new Home Building Contracts Act section 25M);\n  - changes to when insurance claims may be made following cancellation of registration and transitional rules linking the registration and home-building insurance regimes (amendments to Home Building Contracts Act sections 25D, 25DB and new transitional provisions);\n  - procedural and review changes that narrow what the State Administrative Tribunal (SAT) can consider and limit stays in reviews of suspensions/cancellations (new sections 64A–64B) and introduce evidential presumptions about notices and directions.\n\n- The Board is given notice-and-response procedures (minimum timeframes for responses and extensions). The Board may suspend a registration after the Building Commissioner notifies it of non-compliance with a direction; it may only revoke a suspension when the Commissioner confirms the failure has been remedied (sections 26B, 26C, 28A).\n\n- If the Board serves a financial-requirements notice (63J or 63K) it must give at least 28 days for a substantive submission and may direct provision of verified financial information. If, after the response period and any directed information, the person (or related contractor) does not satisfy the Board, the Board may cancel registration; cancellation takes effect 28 days after the cancellation notice unless the person promptly seeks review at SAT (sections 63J–63N, 63O).\n\n- The Bill creates explicit presumptions in SAT proceedings (that notices were validly given by delegates, that directions were given by authorised persons and validly served, and that certain extensions or notices were given). The SAT is barred from staying suspensions under s.26B and from considering information that was not provided to the Board in the specified response periods for cancellation decisions (sections 64A, 64B).\n\nWhy the Bill matters (stated purpose and practical implications)\n\n- The stated purpose (as reflected in the measures) is to strengthen financial oversight of registered building service contractors and related persons: to detect and act on insolvency risk, non-compliance with financial directions, and other indicators that a contractor cannot meet obligations to home owners, employees or creditors (see Part 5B: 63J–63N; and amendments to Home Building Contracts Act sections 25D and 25M which tie registration outcomes to insurers and funds).\n\n- Who it affects:\n  - Registered building service contractors and practitioners (directly) — they may face new information requests, credit checks, condition reporting obligations, suspension or cancellation of registration, and a new duty to notify material trust changes (sections 63J–63N; 37A; 34A).\n  - Related entities and officers — the Board may treat related bodies and officers as subjects of financial inquiries and may cancel related registrations on specified grounds (section 63K).\n  - Building Commissioner and Building Services Board — gain operational powers to obtain and share financial and credit information and to direct and decide on suspensions/cancellations (new and amended sections throughout Part 3).\n  - Insurers and approved funds — become recipients (and potential providers) of information for insurance/covering decisions and claims handling (Home Building Contracts Act s.25M).\n  - Notifiable persons (permit authorities, insurers, approved funds) who may be informed when registrations are suspended or cancelled (new definition and sections 30, 62, 63P).\n\n- Who pays and who decides:\n  - Contractors bear the direct compliance costs: preparing and verifying financial material, supplying credit information, legal costs when contesting notices or reviews, and potential loss of income if suspended or cancelled (sections 63L, 63M, 26D, 63O).\n  - The Building Commissioner and Board decide on notices, suspensions, requests for information, cancellations, and disclosures to insurers/funds (sections 26B, 63J–63N, 25M). Approved insurers and funds decide how to act on information they receive.\n\n- Behaviour changes and incentives:\n  - Contractors are incentivised to maintain clearer, verifiable financial records, avoid trust-structure changes without notification, and address any Building Commissioner directions promptly (sections 34A; 68 as amended; 63J–63L).\n  - Contractors and related entities may restructure ownership or operations to manage exposures to the Board’s ‘related’ tests (section 63K).\n  - Insurers and funds receive earlier or more direct signals about registration or solvency risk, affecting underwriting and claims handling (section 25M).\n\nTrade-offs, risks and implementation points to watch\n\n- Speed and preventive action versus business interruption: the Bill enables relatively fast suspension of registration on receipt of a Commissioner notice about failure to comply with a direction, and the SAT cannot stay these suspensions (26B; 64A(2)). That can protect third parties quickly but may interrupt legitimate businesses before full merits review.\n\n- Discretion and evidential presumptions: the Board acts where it \"believes on reasonable grounds\" a person fails financial requirements (63J(1)); wide evidential presumptions are inserted for SAT review (64A(3)–(6), 64B(5)–(6)). These make administrative acts easier to defend in tribunal but shift practical evidential burden onto the contractor.\n\n- Compliance burden and costs: contractors must respond within specified timeframes (often 28 days for financial notices), produce potentially audited or specially prepared financial statements, and verify information by statutory declaration or accountant (63J(3)(d), 63L(3)–(4)). These are recurring administrative costs and can be material for small operators.\n\n- Privacy, data sharing and credit reporting: the Board can request credit reporting information and credit reporting bodies must provide it (new section 37A). The Bill also allows ongoing information exchange between regulator, insurers and funds (25M). That increases regulatory and commercial visibility into contractors’ financial positions — efficient for oversight, but raises data-handling and privacy compliance needs.\n\n- Effects on competition and choice: by imposing higher information and financial standards and by extending scrutiny to related parties, the Bill raises the cost of doing business as a registered contractor. That may reduce the number of viable small contractors or increase prices, while benefiting parties who require lower counterparty risk (homeowners, insurers). The Board may remove register entries from public copies on request (section 30(5)), affecting transparency.\n\n- Interaction with insurance and claim timing: amendments to the Home Building Contracts Act make cancellation of registration a possible \"relevant circumstance\" for insurance claims and create a 28-day notice and 6-month claim window in some cases (section 25D as amended; transitional provision 25DB). This aligns registration enforcement with insurance remedies but requires coordinated processes between regulator and insurers.\n\n- Review rights and procedural protections: SAT review is limited in scope for these financial decisions (64A, 64B). The Bill narrows what the Tribunal may admit (e.g. excluding late evidence not provided within the statutory response periods) and removes the ability to stay suspensions under s.26B(1) (64A(2); 64B(3)). That speeds finality but limits the protective remedies available to contractors.\n\nConcrete noteworthy mechanics (where to look in the Bill)\n\n- Enforcement for non-compliance with a direction: new suspension route triggered by Building Commissioner notification (26B; 26C; 28A–28C).\n- Financial requirement enforcement: notices, evidence directions, related-contractor notices, cancellation and 28-day delay before cancellation takes effect (63J–63N; 63O).\n- Credit reporting: Board can request credit reporting information and credit reporting bodies must comply (37A).\n- Trustee/ trust change reporting: 7‑day notification duty, $5,000 penalty for non-compliance (34A).\n- Information sharing with insurers/funds and reciprocal disclosure requests (Home Building Contracts Act section 25M).\n\nBottom line (mechanistic): the Bill substantially extends regulatory oversight from registration and complaint resolution into active financial surveillance and enforcement. It creates formal notice, evidence and cancellation pathways tied to financial fitness, adds credit reporting and data sharing with insurers, and narrows tribunal review protections for affected contractors.\n"}},"importantCases":[],"_links":{"self":"/api/acts/building-services-legislation-amendment-financial-oversight-bill-2026","history":"/api/acts/building-services-legislation-amendment-financial-oversight-bill-2026/history","analysis":"/api/acts/building-services-legislation-amendment-financial-oversight-bill-2026/analysis","conflicts":"/api/acts/building-services-legislation-amendment-financial-oversight-bill-2026/conflicts","importantCases":"/api/acts/building-services-legislation-amendment-financial-oversight-bill-2026/important-cases","documents":"/api/acts/building-services-legislation-amendment-financial-oversight-bill-2026/documents"}}