{"id":"building-work-contractors-act-1995","name":"Building Work Contractors Act 1995","slug":"building-work-contractors-act-1995","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31694,"registerId":"sa-building-work-contractors-act-1995-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Licensing of building work contractors","content":"Part 2—Licensing of building work contractors\n6—Obligation of building work contractors to be licensed\n\t(1)\tA person must not—\n\t(a)\tcarry on business as a building work contractor except as authorised by a licence under this Part; or\n\t(b)\tadvertise or otherwise hold himself or herself out as being entitled to carry on business as a building work contractor unless authorised to carry on business as such a contractor by a licence under this Part.\n\t(a)\tfor an offence committed by a natural person—\n\t(i)\tfor a first or second offence—$100 000;\n\t(ii)\tfor a third or subsequent offence—$150 000 or imprisonment for 12 months or both;\n\t(b)\tfor an offence committed by a body corporate—\n\t(i)\tfor a first or second offence—$500 000;\n\t(ii)\tfor a third or subsequent offence—$550 000.\n\t(2)\tA person required by this Act to be licensed as a building work contractor is not entitled to any fee, other consideration or compensation under or in relation to a contract with another on whose behalf the person performed work as a building work contractor unless—\n\t(a)\tthe person was authorised to perform the work under a licence; or\n\t(b)\ta court hearing proceedings for recovery of the fee, other consideration or compensation is satisfied that the person's failure to be so authorised resulted from inadvertence only.\n\t(3)\tThe Commissioner may, on application, exempt a person from compliance with this section subject to such conditions as the Commissioner thinks fit.\n\t(4)\tThe Commissioner may vary or revoke an exemption granted under subsection (3) as the Commissioner thinks fit.\n7—Classes of licence\n\t(1)\tThere are the following classes of licences for the purposes of this Act:\n\t(a)\tbuilding work contractors licence—a licence authorising a person to carry on business as a building work contractor;\n\t(b)\tbuilding work contractors licence with conditions—a licence authorising a person to carry on business as a building work contractor subject to conditions limiting the work that may be performed under the authority of the licence.\n\t(2)\tConditions limiting the work that may be performed under the authority of a licence—\n\t(a)\tmay be imposed by the Commissioner—\n\t(i)\ton the grant of the licence; or\n\t(ii)\tat any time on application by the licensed building work contractor; and\n\t(b)\tmay be varied or revoked by the Commissioner at any time on application by the licensed building work contractor.\n8—Application for licence\n\t(1)\tAn application for a licence must—\n\t(b)\tbe accompanied by the fee fixed by regulation.\n\t(2)\tAn applicant for a licence must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant and any other information required by the Commissioner for the purposes of determining the application.\n\t(3)\tA licence granted to a natural person will include a photograph of the holder of the licence; consequently, an applicant for a licence who is a natural person may be required by the Commissioner—\n\t(a)\tto attend at a specified place for the purpose of having the applicant's photograph taken; or\n\t(b)\tto supply the Commissioner with one or more photographs of the applicant as specified by the Commissioner.\n\t(4)\tIf an applicant for a licence has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty.\n\t(5)\tThe Commissioner may, by notice in writing, require an applicant for a licence, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction.\n\t(6)\tIf the applicant fails to comply with the notice under subsection (5), the Commissioner may, without further notice, refuse the application but keep the fee that accompanied the application.\n9—Entitlement to be licensed\n\t(1)\tA natural person is entitled to be granted a licence if the person—\n\t(a)\thas—\n\t(i)\tthe qualifications and experience required by regulation for the kind of work authorised by the licence; or\n\t(ii)\tsubject to the regulations, qualifications and experience that the Commissioner considers appropriate having regard to the kind of work authorised by the licence; and\n\t(b)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and\n\t(c)\tsubject to subsection (1a)—\n\t(i)\tis not, and has not been, during the period of 2 years preceding the application for the licence, an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; and\n\t(ii)\thas not been, during the period of 5 years preceding the application for the licence, a director of a body corporate wound up for the benefit of creditors—\n\t(A)\twhen the body corporate was being so wound up; or\n\t(B)\twithin the period of 12 months preceding the commencement of the winding up; and\n\t(e)\thas sufficient business knowledge and experience and financial resources for the purpose of properly carrying on the business authorised by the licence; and\n\t(f)\tis a fit and proper person to be the holder of a licence.\n\t(1a)\tA natural person referred to in subsection (1)(c) may be granted a licence subject to conditions limiting the work that may be performed under the authority of the licence—\n\t(a)\tif he or she is only a person referred to in subsection (1)(c) because he or she has previously been an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors—to carrying out a specified trade or trades (or a specified trade or trades in specified circumstances or subject to specified limitations); or\n\t(b)\tin any case—to work as a subcontractor.\n\t(2)\tA body corporate is entitled to be granted a licence if—\n\t(a)\tthe body corporate—\n\t(i)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and\n\t(ii)\tis not being wound up and is not under official management or in receivership; and\n\t(b)\tno director of the body corporate—\n\t(i)\tis suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; or\n\t(ii)\tsubject to subsection (2a)—\n\t(A)\tis, or has been, during the period of 2 years preceding the application for the licence, an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; or\n\t(B)\thas been, during the period of 5 years preceding the application for the licence, a director of a body corporate wound up for the benefit of creditors—\n\t•\twhen the body corporate was being so wound up; or\n\t•\twithin the period of 12 months preceding the commencement of the winding up; and\n\t(c)\tthe directors of the body corporate together have sufficient business knowledge and experience for the purpose of properly directing the business authorised by the licence; and\n\t(d)\tthe body corporate has sufficient financial resources for the purpose of properly carrying on the business authorised by the licence; and\n\t(e)\teach director of the body corporate is a fit and proper person to be the director of a body corporate that is the holder of a licence.\n\t(2a)\tA body corporate with a director referred to in subsection (2)(b)(ii) may be granted a licence subject to conditions limiting the work that may be performed under the authority of the licence—\n\t(a)\tif the director is only a person referred to in subsection (2)(b)(ii) because he or she has previously been an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors—to carrying out a specified trade or trades (or a specified trade or trades in specified circumstances or subject to specified limitations); or\n\t(b)\tin any case—to work as a subcontractor.\n\t(3)\tIf, on an application for a licence, the Commissioner—\n\t(a)\tis not satisfied that the applicant meets requirements as to qualifications, business knowledge, experience or financial resources; but\n\t(b)\tis satisfied that the applicant proposes to carry on business as a building work contractor in partnership with a person who does meet those requirements,\nthe Commissioner may, subject to the other provisions of this section, grant a licence to the applicant subject to the condition that the applicant not carry on business under the licence except in partnership with that person or some other person approved by the Commissioner.\n10—Reviews\n\t(1)\tAn applicant for a licence may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Commissioner refusing the application.\n\t(2)\tSubject to subsection (4), an application for review must be made within 1 month of the making of the Commissioner's decision.\n\t(3)\tThe Commissioner must, if so required by the applicant, state in writing the reasons for the Commissioner's decision to refuse the application.\n\t(4)\tIf the reasons of the Commissioner are not given in writing at the time of making the decision and the applicant (within one month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the applicant receives the written statement of those reasons.\n10A—Power of Commissioner to require photograph and information\nThe Commissioner may, by notice in writing, require a licensed building work contractor, within a time fixed by the notice (which may not be less than 28 days after service of the notice)—\n\t(a)\tat least once in every 10 years—\n\t(i)\tto attend at a specified place for the purpose of having the contractor's photograph taken; or\n\t(ii)\tto supply the Commissioner with one or more photographs of the contractor as specified by the Commissioner; and\n\t(b)\tnot more than once in each year—to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the contractor and information about any other specified matters.\n11—Duration of licence and periodic fee and return etc\n\t(1)\tA licence remains in force (except for any period for which it is suspended) until—\n\t(a)\tthe licence is surrendered or cancelled; or\n\t(b)\tthe licensed building work contractor dies or, in the case of a licensed body corporate, is dissolved.\n\t(2)\tA licensed building work contractor must, at intervals fixed by regulation—\n\t(a)\tpay to the Commissioner the fee fixed by regulation; and\n\t(b)\tlodge with the Commissioner a return in the manner and form required by the Commissioner.\n\t(3)\tIf a licensed building work contractor fails to pay the fee or lodge the return in accordance with subsection (2), or to comply with a notice under section 10A, the Commissioner may, by notice in writing, require the contractor to make good the default.\n\t(4)\tIf the licensed building work contractor fails to comply with the notice within 28 days after service of the notice, the contractor's licence is cancelled.\n\t(5)\tThe Commissioner must notify the building work contractor in writing of the cancellation of the contractor's licence.\n\t(6)\tA licensed building work contractor may surrender the licence.\n\t(7)\tIn this section—\nlicensed building work contractor includes a licensed building work contractor whose licence has been suspended.\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Registration of building work supervisors","content":"Part 3—Registration of building work supervisors\n12—Building work must be supervised by registered and approved supervisors\n\t(1)\tA licensed building work contractor must ensure—\n\t(a)\tthat there is a registered building work supervisor approved by the Commissioner under this Act as a building work supervisor in relation to the contractor's business at all times during the currency of the licence; and\n\t(b)\tthat building work of any kind performed under the authority of the licence is properly supervised by a registered building work supervisor—\n\t(i)\twho is so approved in relation to the contractor's business; and\n\t(ii)\twhose registration authorises the supervision of building work of that kind.\n\t(2)\tSubsection (1)(b) does not apply in relation to building work that is properly supervised by a registered architect.\n\t(3)\tIf for a period exceeding 28 days—\n\t(a)\tthere is not a registered building work supervisor approved in relation to a licensed building work contractor's business as required by subsection (1); or\n\t(b)\tbuilding work performed under the authority of a licence is not supervised as required by that subsection,\nthe licence is suspended until the contractor complies with the requirements of subsection (1).\n\t(4)\tThe Commissioner may, on application by a licensed building work contractor, exempt the contractor from compliance with subsection (1) for a period and subject to conditions determined by the Commissioner if the Commissioner is satisfied that the contractor has made suitable arrangements for all building work performed under the authority of the licence to be properly supervised by a person who is, in the opinion of the Commissioner, competent to perform that function.\n\t(5)\tThe Commissioner may, of the Commissioner's own initiative or on application by a licensed building work contractor, if satisfied that there is proper cause to do so—\n\t(a)\tvary the period of an exemption under this section; or\n\t(b)\tvary or revoke the conditions of the exemption or impose a further condition; or\n\t(c)\trevoke the exemption.\n13—Classes of registration\n\t(1)\tThere are the following classes of registration for the purposes of this Act:\n\t(a)\tbuilding work supervisors registration—registration authorising a person to supervise building work of any kind;\n\t(b)\tbuilding work supervisors registration with conditions—registration as a building work supervisor subject to conditions limiting the work that may be supervised under the authority of the registration.\n\t(2)\tConditions limiting the work that may be supervised under the authority of registration—\n\t(a)\tmay be imposed by the Commissioner—\n\t(i)\ton the grant of the registration; or\n\t(ii)\tat any time on application by the registered building work supervisor; and\n\t(b)\tmay be varied or revoked by the Commissioner at any time on application by the registered building work supervisor.\n14—Certain people registered under other Acts taken to be registered\nThe following people are to be taken to hold building work supervisors registration for the purposes of this Part:\n\t(a)\tregistered architects;\n\t(b)\tsubject to any limitations prescribed by the regulations, people registered under Part 3 of the Plumbers, Gas Fitters and Electricians Act 1995.\n15—Application for registration\n\t(1)\tAn application for registration must—\n\t(b)\texcept where the applicant is a licensed building work contractor—be accompanied by the fee fixed by regulation.\n\t(2)\tAn applicant for registration must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant and any other information required by the Commissioner for the purposes of determining the application.\n\t(3)\tA certificate of registration will include a photograph of the registered building work supervisor; consequently, an applicant for registration may be required by the Commissioner—\n\t(a)\tto attend at a specified place for the purpose of having the applicant's photograph taken; or\n\t(b)\tto supply the Commissioner with one or more photographs of the applicant as specified by the Commissioner.\n\t(4)\tIf an applicant for registration has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty.\n\t(5)\tThe Commissioner may, by notice in writing, require an applicant for registration, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction.\n\t(6)\tIf the applicant fails to comply with the notice under subsection (5), the Commissioner may, without further notice, refuse the application but keep the fee that accompanied the application.\n16—Entitlement to be registered\nA natural person is entitled to be registered if the person—\n\t(a)\thas—\n\t(i)\tthe qualifications and experience required by regulation for the kind of work authorised by the registration; or\n\t(ii)\tsubject to the regulations, qualifications and experience that the Commissioner considers appropriate having regard to the kind of work authorised by the registration; and\n\t(b)\tis a fit and proper person to be registered.\n17—Reviews\n\t(1)\tAn applicant for registration may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Commissioner refusing the application.\n\t(2)\tSubject to subsection (4), an application for review must be made within 1 month of the making of the Commissioner's decision.\n\t(3)\tThe Commissioner must, if so required by the applicant, state in writing the reasons for the Commissioner's decision to refuse the application.\n\t(4)\tIf the reasons of the Commissioner are not given in writing at the time of making the decision and the applicant (within one month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the applicant receives the written statement of those reasons.\n17A—Power of Commissioner to require photograph and information\nThe Commissioner may, by notice in writing, require a registered building work supervisor, within a time fixed by the notice (which may not be less than 28 days after service of the notice)—\n\t(a)\tat least once in every 10 years—\n\t(i)\tto attend at a specified place for the purpose of having the building work supervisor's photograph taken; or\n\t(ii)\tto supply the Commissioner with one or more photographs of the building work supervisor as specified by the Commissioner; and\n\t(b)\tnot more than once in each year—to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the building work supervisor and information about any other specified matters.\n18—Duration of registration and periodic fee and return etc\n\t(1)\tRegistration remains in force (except for any period for which it is suspended) until—\n\t(a)\tthe registration is surrendered or cancelled; or\n\t(b)\tthe registered building work supervisor dies.\n\t(2)\tA registered building work supervisor must, at intervals fixed by regulation—\n\t(a)\tpay to the Commissioner the fee fixed by regulation; and\n\t(b)\tlodge with the Commissioner a return in the manner and form required by the Commissioner.\n\t(3)\tIf a registered building work supervisor fails to pay the fee or lodge the return in accordance with subsection (2), or to comply with a notice under section 17A, the Commissioner may, by notice in writing, require the supervisor to make good the default.\n\t(4)\tIf the registered building work supervisor fails to comply with the notice within 28 days after service of the notice, his or her registration is cancelled.\n\t(5)\tThe Commissioner must notify the building work supervisor in writing of the cancellation of his or her registration.\n\t(6)\tA registered building work supervisor may surrender his or her registration.\n\t(7)\tIn this section—\nregistered building work supervisor includes a registered building work supervisor whose registration has been suspended.\n19—Approval as building work supervisor in relation to licensed building work contractor's business\n\t(1)\tSubject to this section, the Commissioner may, on application by a licensed building work contractor, approve a person as a building work supervisor in relation to the contractor's business.\n\t(2)\tIf a licensed building work contractor is a registered building work supervisor authorised to supervise building work of a kind not more limited than that which the contractor is authorised to perform under the licence, the contractor is to be taken to have been approved by the Commissioner under this section as a building work supervisor in relation to the contractor's business.\n\t(3)\tAn application for approval must—\n\t(b)\tbe accompanied by the fee fixed by regulation.\n\t(4)\tA person is not eligible to be approved as a building work supervisor in relation to a licensed building work contractor's business unless the person is a registered building work supervisor.\n\t(5)\tThe Commissioner may refuse an application for approval of a person as a building work supervisor in relation to a licensed building work contractor's business—\n\t(a)\tif the person is not eligible to be so approved; or\n\t(b)\tif the person is already approved as a building work supervisor in relation to the business of a person other than the contractor.\n\t(7)\tIf—\n\t(a)\ta licensed building work contractor carries on business in partnership with other persons licensed under this Act; and\n\t(b)\tthe composition of the partnership changes or the partnership is dissolved,\nthe contractor must ensure that, within 14 days after the change in composition of the partnership or dissolution of the partnership, the Commissioner is notified in writing of that fact.\n\t(8)\tIf—\n\t(a)\ta person approved as a building work supervisor in relation to a licensed building work contractor's business has been employed or otherwise engaged by the contractor for the purpose of performing that function; and\n\t(b)\tthe person ceases to be employed or engaged to perform that function,\nthe contractor must ensure that, within 14 days after the person ceases to be employed or engaged to perform that function (whether or not the person remains employed or engaged by the contractor to perform any other function), the Commissioner is notified in writing of that fact.\n\t(9)\tIf the Commissioner is satisfied that a person approved as a building work supervisor in relation to a licensed building work contractor's business is no longer eligible to be so approved, the Commissioner must cancel the approval.\n","sortOrder":1},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Suspension or variation of licence or registration in urgent circumstances","content":"Part 3A—Suspension or variation of licence or registration in urgent circumstances\n19A—Commissioner may suspend or impose conditions on licence or registration in urgent circumstances\n\t(1)\tIf the Commissioner is of the opinion that—\n\t(a)\tthere are reasonable grounds to believe that a licensed building work contractor or registered building work supervisor has engaged or is engaging in conduct that constitutes grounds for disciplinary action under Part 4; and\n\t(b)\tit is likely that the contractor or supervisor will continue to engage in that conduct; and\n\t(c)\tthere is a danger that a person or persons may suffer significant harm, or significant loss or damage, as a result of the conduct unless action is taken urgently,\nthe Commissioner may, by notice served on the contractor or supervisor—\n\t(d)\tsuspend the licence or registration for a specified period (not exceeding 6 months) or until the fulfilment of stipulated conditions; or\n\t(e)\timpose conditions on the licence or registration.\n\t(2)\tIf the Commissioner (on his or her own motion or on an application under section 7 or 13) is satisfied that the facts and circumstances that gave rise to the imposition of conditions on a licence or registration under this section have so altered that the imposition of the conditions is no longer necessary, the Commissioner must, by further notice specifying the date of termination, terminate the imposition of the conditions.\n\t(3)\tIf, during the suspension of a licence or registration under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have so altered that the suspension should be terminated, the Commissioner must, by further notice specifying the date of termination, terminate the suspension without delay and restore the licence or registration to the person (either in the form in which it existed prior to the suspension or subject to new conditions).\n\t(4)\tA person whose licence or registration is suspended or made subject to conditions under this section may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision of the Commissioner to suspend the licence or registration or to impose the conditions.\n\t(5)\tSubject to subsection (7), an application for review must be made within 1 month of the making of the relevant decision of the Commissioner.\n\t(6)\tThe Commissioner must, if so required by the person whose licence or registration has been suspended or made subject to conditions, state in writing the reasons for the Commissioner's decision.\n\t(7)\tIf the reasons of the Commissioner are not given in writing at the time of making the decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\n\t(9)\tThis section applies in relation to conduct occurring before or after the commencement of this section.\n","sortOrder":2},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Cancellation, suspension or variation of licence or registration","content":"Part 3B—Cancellation, suspension or variation of licence or registration\n19B—Commissioner may cancel, suspend or impose conditions on licence or registration\n\t(1)\tIf the Commissioner is satisfied that events have occurred such that—\n\t(a)\ta licensed building work contractor would not be entitled to be so licensed if the person were to apply for the licence; or\n\t(b)\ta registered building work supervisor would not be entitled to be so registered if the person were to apply for registration,\nthe Commissioner may, by notice served on the person—\n\t(c)\tcancel the licence or registration; or\n\t(d)\tsuspend the licence or registration for a specified period or until the fulfilment of stipulated conditions; or\n\t(e)\timpose conditions on the licence or registration.\n\t(2)\tIf, during the suspension of a licence or registration under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have altered, the Commissioner may, by further notice specifying the date of termination, terminate the suspension and restore the licence or registration to the person (either in the form in which it existed prior to the suspension or subject to new conditions).\n\t(3)\tA person whose licence or registration is cancelled, suspended or made subject to conditions under this section may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision of the Commissioner to cancel or suspend the licence or registration or to impose the conditions.\n\t(4)\tSubject to subsection (6), an application for review must be made within 1 month of the making of the relevant decision of the Commissioner.\n\t(5)\tThe Commissioner must, if so required by the person whose licence or registration has been cancelled or suspended or made subject to conditions, state in writing the reasons for the Commissioner's decision.\n\t(6)\tIf the reasons of the Commissioner are not given in writing at the time of making the decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\n\t(8)\tThis section applies in relation to conduct occurring before or after the commencement of this section.\n","sortOrder":3},{"sectionNumber":"Part 4","sectionType":"part","heading":"Discipline of building work contractors, supervisors and building consultants","content":"Part 4—Discipline of building work contractors, supervisors and building consultants\n20—Interpretation of Part\nIn this Part—\nbuilding work contractor includes—\n\t(a)\ta former building work contractor; and\n\t(b)\ta person licensed as a building work contractor, whether or not carrying on business as a building work contractor; and\n\t(c)\ta person formerly licensed as a building work contractor under this Act or as a builder under the repealed Act;\nbuilding consultant means a person (other than a registered architect) who carries on the business of giving advice or furnishing reports in respect of domestic building work (whether being work already performed, work in progress or work that may be required in the future), and includes a former building consultant;\nbuilding work supervisor includes—\n\t(a)\ta former building work supervisor; and\n\t(b)\ta person registered as a building work supervisor whether or not acting as a building work supervisor; and\n\t(c)\ta person formerly registered as a building work supervisor under this Act or the repealed Act;\ndirector of a body corporate includes a former director of a body corporate.\n21—Cause for disciplinary action\n\t(1)\tThere is proper cause for disciplinary action against a building work contractor if—\n\t(a)\tlicensing of the contractor was improperly obtained; or\n\t(b)\tthe contractor has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987; or\n\t(c)\tthe contractor or another person has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of conducting, or being employed or otherwise engaged in, the business of the contractor; or\n\t(d)\tthe contractor has failed to comply with an order made by a court under Part 5; or\n\t(e)\tevents have occurred such that the contractor would not be entitled to be licensed as a building work contractor if the contractor were to apply for a licence.\n\t(2)\tThere is proper cause for disciplinary action against a building work supervisor if—\n\t(a)\tregistration of the supervisor was improperly obtained; or\n\t(b)\tthe supervisor has acted unlawfully, improperly, negligently or unfairly in the course of acting as a building work supervisor.\n\t(3)\tThere is proper cause for disciplinary action against a building consultant if—\n\t(a)\tthe consultant has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987; or\n\t(b)\tthe consultant has acted unlawfully, improperly, negligently or unfairly in the course of acting as a building consultant.\n\t(4)\tDisciplinary action may be taken against each director of a body corporate that is a building work contractor or building consultant if there is proper cause for disciplinary action against the body corporate.\n\t(5)\tDisciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented the act or default.\n\t(6)\tThis section applies in relation to conduct occurring before or after the commencement of this section.\n22—Complaints\nThe Commissioner or any other person may lodge with the Tribunal a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this Part.\n23—Hearing by Tribunal\n\t(1)\tOn the lodging of a complaint, the Tribunal may conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this Part.\n\t(2)\tWithout limiting the usual powers of the Tribunal, the Tribunal may during the hearing—\n\t(a)\tallow an adjournment to enable the Commissioner to investigate or further investigate matters to which the complaint relates; and\n\t(b)\tallow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Tribunal may think fit to impose.\n24—Participation of assessors in disciplinary proceedings\n\t(1)\tFor the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of—\n\t(a)\tpersons representative of building work contractors; and\n\t(b)\tpersons representative of members of the public who deal with building work contractors,\nwho have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal under this Part.\n\t(2)\tIn any proceedings under this Part, the Tribunal will, if the President so determines, sit with 1 or more assessors from the panel.\n\t(3)\tIn this section—\nPresident means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.\n25—Disciplinary action\n\t(1)\tOn the hearing of a complaint, the Tribunal may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by an order or orders do one or more of the following:\n\t(a)\treprimand the person;\n\t(b)\timpose a fine not exceeding $50 000 on the person;\n\t(c)\tin the case of a person who is licensed as a building work contractor or registered as a building work supervisor—\n\t(i)\timpose conditions or further conditions on the licence or registration;\n\t(ii)\tsuspend the licence or registration for a specified period or until the fulfilment of stipulated conditions or until further order;\n\t(iii)\tcancel the licence or registration;\n\t(d)\tdisqualify the person from being licensed or registered under this Act;\n\t(e)\tprohibit the person from being employed or otherwise engaged in the business of a building work contractor;\n\t(f)\tprohibit the person from being a director of a body corporate that is a building work contractor;\n\t(g)\tprohibit the person from carrying on business as a building consultant;\n\t(h)\tprohibit the person from being employed or otherwise engaged in the business of a building consultant;\n\t(i)\tprohibit the person from being a director of a body corporate that is a building consultant.\n\t(2)\tThe Tribunal may—\n\t(a)\tstipulate that a disqualification or prohibition is to apply—\n\t(i)\tpermanently; or\n\t(ii)\tfor a specified period; or\n\t(iii)\tuntil the fulfilment of stipulated conditions; or\n\t(iv)\tuntil further order;\n\t(b)\tstipulate that an order relating to a person is to have effect at a specified future time.\n\t(3)\tIf—\n\t(a)\ta person has been found guilty of an offence; and\n\t(b)\tthe circumstances of the offence form, in whole or in part, the subject matter of the complaint,\nthe person is not liable to a fine under this section in respect of conduct giving rise to the offence.\n26—Contravention of orders\nIf a person—\n\t(a)\tis employed or otherwise engages in the business of a building work contractor or building consultant; or\n\t(b)\tbecomes a director of a body corporate that is a building work contractor or building consultant; or\n\t(c)\tcarries on business as a building consultant,\nin contravention of an order of the Tribunal, that person and the building work contractor or building consultant are each guilty of an offence.\n\t(a)\tin the case of an offence committed by a natural person—$100 000 or imprisonment for 6 months;\n","sortOrder":4},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provisions with respect to domestic building work","content":"Part 5—Provisions with respect to domestic building work\n","sortOrder":5},{"sectionNumber":"Div 1","sectionType":"division","heading":"Requirements in relation to certain domestic building work contracts","content":"Division 1—Requirements in relation to certain domestic building work contracts\n27—Application of Division\n\t(1)\tThis Division applies to a contract entered into on or after 1 May 19871.\n\t(2)\tThis Division does not apply to a contract for the performance of minor domestic building work.\n\t(3)\tThe requirement that the terms of payment be included in a domestic building work contract applies only to a contract entered into on or after the commencement of this Division.\n1\t1 May 1987 was the date of commencement of the corresponding Division of the repealed Builders Licensing Act 1986.\n28—Formal requirements in relation to domestic building work contracts\n\t(1)\tThe following requirements must be complied with in relation to a domestic building work contract:\n\t(a)\tthe contract must be in writing;\n\t(b)\tthe contract must set out in full all the contractual terms;\n\t(c)\tthe contract must set out the name in which the building work contractor carries on business under the contractor's licence, the contractor's licence number and the names and licence numbers of any other persons with whom the contractor carries on business as a building work contractor in partnership;\n\t(d)\tthe contract must comply with any requirements of the regulations as to the contents of domestic building work contracts;\n\t(e)\tthe contract must be signed by the building work contractor and the building owner personally or through an agent authorised to act on behalf of the contractor or building owner;\n\t(f)\tthe building owner must be given a copy of the signed contract as soon as reasonably practicable after it has been signed by both parties together with a notice in the prescribed form containing the prescribed information;\n\t(g)\tthe copy of the contract and the notice given to the building owner must (apart from signatures or initials) be readily legible.\n\t(2)\tIf any of the requirements of subsection (1) is not complied with, the building work contractor is guilty of an offence.\nExpiation fee: $5 000.\n29—Price and domestic building work contracts\n\t(1)\tSubject to this Division, a domestic building work contract must stipulate a specific price for the performance of the building work specified in the contract, being a price that is fixed and not subject to change, and the terms of payment.\n\t(2)\tIf a domestic building work contract stipulates that building work is to be completed within a specified period, it is lawful to include a rise-and-fall clause in the contract.\n\t(3)\tA building work contractor is not entitled to the benefit of a rise-and-fall clause in relation to any part of the building work performed after the end of the period stipulated for completion of the building work.\n\t(4)\tHowever, a building work contractor is entitled to the benefit of a rise-and-fall clause in respect of a part of the building work performed after the end of the period stipulated for completion of the building work if—\n\t(a)\tthe contract provides for extension of the stipulated period; and\n\t(b)\tthe delay in completing the building work was the fault of the building owner or due to some cause beyond the control of the contractor that the contractor could not reasonably be expected to have foreseen at the time the contract was made; and\n\t(c)\tthe contractor, as soon as reasonably practicable after becoming aware of the likelihood of delay in the completion of the building work, gave notice in writing to the building owner or an agent authorised to act on behalf of the building owner extending the period for completion and specifying the cause of the delay; and\n\t(d)\tthe building work was completed as soon as reasonably practicable in the circumstances.\n\t(5)\tDespite the preceding provisions of this section, it is lawful to include in a domestic building work contract a provision entitling the building work contractor to recover—\n\t(a)\tthe actual cost to be incurred—\n\t(i)\tin acquiring materials specified in the contract;\n\t(ii)\tin performing work specified in the contract,\ntogether with an additional amount not exceeding 10 per cent, or such other percentage as may be prescribed, of that cost; and\n\t(b)\tother amounts, unliquidated at the time of the contract, of a kind stipulated by the regulations.\n\t(6)\tIf—\n\t(a)\ta domestic building work contract includes a rise-and-fall clause or a provision referred to in subsection (5); and\n\t(b)\tas a result the price specified in the contract for the building work or part of the building work or for any labour or materials may change or is an estimate only,\nthe contract must contain the statement \"This Price May Change\" or \"Estimate Only\" (as the case may require) set out in the contract immediately alongside or below the price to which it relates.\n\t(7)\tIf more than one price of a kind referred to in subsection (6) is specified in a domestic building work contract, the prices must be set out in a single list in the contract.\n\t(8)\tA price specified in a domestic building work contract that is an estimate only must be a fair and reasonable estimate.\n\t(8a)\tDespite the preceding provisions of this section (but subject to any other relevant law), it is lawful to include in a domestic building work contract (other than a fixed price contract made on or after 1 July 2000) a provision (a GST clause) entitling the building work contractor to recover the GST paid or payable by the contractor on the supply of goods and services under the contract.\n\t(8b)\tIf a domestic building work contract contains a GST clause, the contract must contain a statement in prominent type or handwriting as follows:\n\t(a)\tif, at the date of the contract, it is possible but not likely that goods or services will be supplied under the contract after 1 July 2000—a statement to the effect that the contract price of the building work may increase to cover GST;\n\t(b)\tif the contract is made on or after 1 July 2000 or, at the date of the contract, it is likely that goods or services will be supplied under the contract after 1 July 2000—a statement to the effect that the contract price for the building work will increase to cover GST.\n\t(8c)\tA domestic building work contract (other than a fixed price contract made on or after 1 July 2000) may contain both a cost-plus clause and a GST clause.\n\t(9)\tIf any of the requirements of this section is not complied with, the building work contractor is guilty of an offence.\n\t(10)\tIn this section—\ncost-plus clause means a contractual provision of the kind described in subsection (5);\nfixed price contract means a domestic building work contract that contains neither a cost-plus clause nor a rise-and-fall clause;\nGST clause means a contractual provision of the kind described in subsection (8a);\nrise-and-fall clause means a contractual provision under which a price stipulated for performance of domestic building work may change to reflect changes in the costs of labour (including related overhead expenses) and materials to be incurred by the building work contractor.\n30—Payments under or in relation to domestic building work contracts\n\t(1)\tA person must not demand or require that a payment be made under a domestic building work contract or preliminary work contract by the person for whom work is to be performed under the contract unless—\n\t(a)\tthe payment constitutes a genuine progress payment in respect of work already performed; or\n\t(ab)\tthe person is entitled to the payment under the Building and Construction Industry Security of Payment Act 2009.\n\t(2)\tIf it is proved, in proceedings for an offence against subsection (1), that the defendant received a payment other than a payment referred to in paragraph (a) or (ab), it is to be presumed, in the absence of proof to the contrary, that the defendant demanded or required the payment.\n\t(2a)\tA person must not demand or require that a payment be made under a domestic building work contract or preliminary work contract by the person for whom work is to be performed under the contract unless the payment is a prescribed payment.\n\t(2b)\tIf it is proved, in proceedings for an offence against subsection (2a), that the defendant received a payment other than a payment referred to in that subsection, it is to be presumed, in the absence of proof to the contrary, that the defendant demanded or required the payment.\n\t(3)\tThe building owner under a domestic building work contract is not obliged to make a progress payment in respect of building work performed under the contract unless—\n\t(a)\tthe building work contractor has requested the payment by notice in writing given to the building owner or an agent authorised to act on behalf of the building owner; or\n\t(b)\tthe domestic building work contract is a contract to which the Building and Construction Industry Security of Payment Act 2009 applies (in which case the provisions of that Act relating to progress payments apply).\n\t(4)\tIn this section—\npreliminary work contract means a contract—\n\t(a)\tthat is collateral to or otherwise related to an existing or contemplated domestic building work contract; and\n\t(b)\tthat provides for the performance of work that is preliminary or ancillary to the domestic building work that is or would be required to be performed under such contract;\nprescribed payment means 1 or any of the following:\n\t(a)\ta payment to a third party for engineering, drawing, surveying or other professional services;\n\t(b)\ta payment to reimburse the cost of building indemnity insurance or the amount of any fee required to be paid under an Act in respect of the work performed or to be performed under the contract;\n\t(c)\tin the case of a domestic work building contract made before 1 September 2011—a payment as a deposit of not more than $1 000;\n\t(d)\tin the case of a domestic building work contract made on or after 1 September 2011—\n\t(i)\tif the price stipulated in the contract for the performance of the building work is less than $20 000—a payment as a deposit of not more than $1 000;\n\t(ii)\tif the price stipulated in the contract for the performance of the building work is $20 000 or more—a payment as a deposit of not more than 5% of the price;\n\t(e)\ta payment of a kind prescribed by the regulations for the purposes of this definition.\n31—Exhibition houses\n\t(1)\tIf a house is, or has been, made available for inspection by the public with a view to inducing persons to enter into contracts with a building work contractor for the construction of similar houses—\n\t(a)\tthe contractor must, on request by a person inspecting the house, make copies of the plans and specifications of the house available for inspection by the person; and\n\t(b)\ta contract entered into with the contractor by a person who, to the knowledge of the contractor, inspected the house and sought the construction of a similar house is to be taken to contain a warranty that the house to be constructed by the contractor will be constructed according to the same plans and specifications and to the same standards of work and materials as those of the house inspected by the person (except to the extent that the contract specifically provides for any departure from those plans, specifications and standards).\n\t(2)\tA building work contractor who fails to comply with the requirements of subsection (1)(a) is guilty of an offence.\n","sortOrder":6},{"sectionNumber":"Div 2","sectionType":"division","heading":"Statutory warranties","content":"Division 2—Statutory warranties\n32—Statutory warranties\n\t(1)\tThis section applies to a contract entered into on or after 22 January 19871.\n\t(2)\tThe following warranties on the part of the building work contractor are implied in every domestic building work contract:\n\t(a)\ta warranty that the building work will be performed in a proper manner to accepted trade standards and in accordance with the plans and specifications agreed to by the parties;\n\t(b)\ta warranty that all materials to be supplied by the contractor for use in the building work will be good and proper;\n\t(c)\ta warranty that the building work will be performed in accordance with all statutory requirements;\n\t(d)\tif the contract does not stipulate a period within which the building work must be completed—a warranty that the building work will be performed with reasonable diligence;\n\t(e)\tif the building work consists of the construction of a house—a warranty that the house will be reasonably fit for human habitation;\n\t(f)\tif the building owner has expressly made known to the contractor, or an employee or agent of the contractor, the particular purpose for which the building work is required, or the result that the building owner desires the building work to achieve, so as to show that the building owner relies on the contractor's skill and judgment—a warranty that the building work and any materials used in performing the building work will be reasonably fit for that purpose or of such a nature and quality that they might reasonably be expected to achieve that result.\n\t(3)\tA person who has purchased or otherwise acquired a house succeeds to the rights of the person's predecessor in title in respect of statutory warranties.\n\t(4)\tIf a person has purchased a house from a building work contractor who performed domestic building work in relation to the house, the purchaser has rights under statutory warranties as if the house had been purchased from a third party for whom the vendor had performed the building work under a contract subject to statutory warranties.\n\t(5)\tProceedings for breach of a statutory warranty must be commenced within five years after completion of the building work to which the proceedings relate.\n\t(6)\tThe period of limitation prescribed by subsection (5) may not be extended.\n\t(7)\tIn proceedings for breach of a statutory warranty, it is a defence for the defendant to prove that the deficiencies of which the plaintiff complains arose from instructions insisted on by the building owner contrary to the advice in writing of the defendant.\n1\t22 January 1987 was the date of commencement of the corresponding section of the repealed Builders Licensing Act 1986.\n","sortOrder":7},{"sectionNumber":"Div 3","sectionType":"division","heading":"Building indemnity insurance","content":"Division 3—Building indemnity insurance\n33—Application of Division\n\t(1)\tThis Division applies to domestic building work commenced on or after 1 May 19871 performed, or to be performed, by a building work contractor under a domestic building work contract or on the contractor's own behalf.\n\t(2)\tThis Division does not apply to—\n\t(a)\tdomestic building work for which approval under the Development Act 1993 or the repealed Building Act 1971 is or was not required; or\n\t(b)\tminor domestic building work.\n1\t1 May 1987 was the date of commencement of the corresponding Division of the repealed Builders Licensing Act 1986.\n34—Requirements of insurance\nA building work contractor must not perform building work to which this Division applies unless—\n\t(a)\ta policy of insurance that complies with this Division is in force in relation to that building work; and\n\t(b)\tin the case of building work to be performed by the contractor under a domestic building work contract—the building owner has been provided with a certificate that evidences the taking out of that policy of insurance and complies with the requirements of the regulations.\nExpiation fee: $20 000.\n35—Nature of the policy\n\t(1)\tA policy of insurance in relation to building work complies with this Division if—\n\t(a)\tit insures each person who is, or may become, entitled to the benefit of a statutory warranty in respect of the building work against the risk of being unable to enforce or recover under the statutory warranty by reason of the insolvency, death or disappearance of the building work contractor; and\n\t(b)\tin the case of building work to be performed by the building work contractor on behalf of some other person—it insures that person against the risk of loss resulting from non-completion of the building work by reason of the insolvency, death or disappearance of the contractor; and\n\t(c)\tany limitations on the liability of the insurer under the policy conform with the regulations; and\n\t(d)\tit otherwise conforms with the requirements of the regulations.\n\t(2)\tA person who is entitled to the benefit of a statutory warranty in respect of building work in relation to which a policy of insurance has been taken out under this Division (or under Part 5 of the repealed Act) is entitled to sue on the policy in his or her own right.\n","sortOrder":8},{"sectionNumber":"Div 4","sectionType":"division","heading":"Right to terminate certain domestic building work contracts","content":"Division 4—Right to terminate certain domestic building work contracts\n36—Right to terminate certain domestic building work contracts\n\t(1)\tThis section applies to a contract entered into on or after 1 May 1987.\n\t(2)\tThis section does not apply to a contract for the performance of minor domestic building work.\n\t(3)\tA building owner under a domestic building work contract may, by instrument in writing signed by the building owner and served personally on the building work contractor, or posted by certified mail addressed to the contractor, before the prescribed time, give notice to the contractor of the building owner's intention not to be bound by the contract and the contract is to be taken to have been terminated at the time the notice is served or posted in accordance with this subsection.\n\t(4)\tIf a contract has been terminated under subsection (3) (or under Part 5 of the repealed Act), the Magistrates Court may, on application by the building owner or the building work contractor, make such orders as it thinks just—\n\t(a)\tproviding for the return or repayment of the whole or part of any consideration, or the value of any consideration, given by the building owner under or in relation to the contract; or\n\t(b)\tproviding for payment to the contractor in respect of any materials supplied, or any building work or other services performed, by the contractor under or in relation to the contract.\n\t(5)\tIn this section—\nprescribed time means—\n\t(a)\tthe end of five clear business days after the making of the domestic building work contract; or\n\t(b)\tif there has been a failure to comply with any of the requirements of Division 1 or 3 in relation to the domestic building work contract—the time of completion of the building work under the contract.\n","sortOrder":9},{"sectionNumber":"Div 5","sectionType":"division","heading":"Powers of court in relation to domestic building work","content":"Division 5—Powers of court in relation to domestic building work\n37—Powers of court in relation to domestic building work\n\t(1)\tThis section applies to—\n\t(a)\ta domestic building work contract or subcontract for the performance of domestic building work (whether entered into before or after the commencement of this section); and\n\t(b)\tdomestic building work (whether commenced before or after the commencement of this section).\n\t(2)\tA party to a domestic building work contract or a person entitled to the benefit of a statutory warranty may apply to the Magistrates Court for the determination of a dispute arising out of the contract or the performance of the building work to which the warranty relates.\n\t(3)\tAn application may not be made under subsection (2) in respect of a dispute arising out of a domestic building work contract unless the dispute involves some question of whether building work has been performed in accordance with the contract.\n\t(4)\tIf an application is made under subsection (2) in respect of a dispute arising out of a domestic building work contract, application may be made to the Magistrates Court for the determination of a dispute arising out of a subcontract for the performance of any of the building work, but only if it involves some question of whether building work has been performed in accordance with the subcontract.\n\t(5)\tIf the Magistrates Court joins proceedings on an application under subsection (4) with proceedings relating to the domestic building work contract, it must ensure that the hearing and determination of any question as to the performance of work under the domestic building work contract is not unduly delayed.\n\t(6)\tIf, on an application under this section, the Magistrates Court is satisfied that there has been any breach of, or failure to perform or fulfil, a contract or warranty to which the proceedings relate, the Court may, subject to this section, make one or more of the following orders:\n\t(a)\tto the extent to which it is satisfied that it is practicable for the breach or failure to be remedied by the performance of building work—an order requiring the performance of remedial work;\n\t(b)\tan order requiring the payment of an amount due under the contract or an order requiring the payment of an amount by way of compensation for the breach.\n\t(7)\tAn order made against a person under subsection (6)(a) may—\n\t(a)\trequire the person to perform remedial work specified in the order within the time specified; or\n\t(b)\tif the Magistrates Court is of the opinion that the person is not likely to perform the remedial work properly—require the person to employ at the person's own expense a licensed building work contractor to perform remedial work specified in the order within the time specified.\n\t(8)\tIf the Magistrates Court orders a person to perform remedial work, or to cause remedial work to be performed, it may further order the person to provide to the Court, within a specified time after completion of the work, a certificate of a person holding qualifications specified in the order certifying that the remedial work has been performed properly in accordance with the order.\n\t(9)\tIf a person fails to perform remedial work, or to cause remedial work to be performed, in accordance with an order of the Magistrates Court (or an order of the Commercial Tribunal under Part 5 of the repealed Act)—\n\t(a)\tthe person is guilty of an offence and liable to a penalty not exceeding a fine of—\n\t(i)\tin the case of an offence committed by a natural person—$50 000;\n\t(ii)\tin the case of an offence committed by a body corporate—$250 000; and\n\t(b)\tthe Court may, on application, order the person to pay to the applicant such amount by way of compensation as the Court thinks just.\n\t(10)\tIn this section—\nstatutory warranty means—\n\t(a)\ta warranty arising under this Act; or\n\t(b)\ta warranty arising under Part 3C of the repealed Builders Licensing Act 1967.\n","sortOrder":10},{"sectionNumber":"Div 6","sectionType":"division","heading":"Harsh and unconscionable terms","content":"Division 6—Harsh and unconscionable terms\n38—Harsh and unconscionable terms\n\t(1)\tThis section applies to a contract entered into on or after 22 January 19871.\n\t(2)\tIf a term or condition of a domestic building work contract is harsh or unconscionable or such that a court of Equity would give relief, a party to the contract may apply to the Magistrates Court for relief under this section.\n\t(3)\tRelief may be granted under this section by the Magistrates Court in proceedings under subsection (2), or by any court in proceedings instituted before the court for the enforcement of a domestic building work contract or for the recovery of damages or other compensation for a breach of such a contract.\n\t(4)\tThe court may, in granting relief—\n\t(a)\tavoid ab initio a term or condition of the domestic building work contract against which relief is sought;\n\t(b)\tmodify the terms or conditions of the contract in such manner as it considers just;\n\t(c)\torder the repayment to a building owner of an amount paid by the building owner under a term or condition that has been avoided or modified under this section.\n\t(5)\tThe powers conferred by this section are exercisable in relation to a contract despite the discharge of the contract.\n\t(6)\tIf it appears to the court that a person has, or may have, shared in the profits of, or has, or may have, a beneficial interest in, the transaction in question, the person may be joined as a party to the proceedings and the court may make such orders against, or in respect of, the person as it considers just.\n\t(7)\tThe court may make any other orders and directions that it considers necessary or expedient for the purposes of effectually carrying out this section.\n1\t22 January 1987 was the date of commencement of the corresponding section under the repealed Builders Licensing Act 1986.\n","sortOrder":11},{"sectionNumber":"Div 7","sectionType":"division","heading":"Participation of assessors in proceedings","content":"Division 7—Participation of assessors in proceedings\n39—Participation of assessors in proceedings\nIn any proceedings under this Part, the Magistrates Court will, if a judicial officer of the Court so determines, sit with assessors selected in accordance with Schedule 2.\n","sortOrder":12},{"sectionNumber":"Div 8","sectionType":"division","heading":"Magistrates Court and substantial monetary claims","content":"Division 8—Magistrates Court and substantial monetary claims\n40—Magistrates Court and substantial monetary claims\n\t(1)\tIf proceedings before the Magistrates Court involve—\n\t(a)\ta monetary claim for an amount exceeding $100 000; or\n\t(b)\ta claim for relief in the nature of an order to carry out work where the value of the work exceeds $100 000,\nthe Court must on the application of a party to the proceedings refer the proceedings into the Civil Division of the District Court.\n\t(2)\tIf proceedings are referred to the Civil Division of the District Court, this Part (including Division 7) applies in relation to the proceedings and parties to the proceedings as if a reference to the Magistrates Court were a reference to the Civil Division of the District Court.\n","sortOrder":13},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"Part 7—Miscellaneous\n42—No exclusion etc of rights, conditions or warranties\nAny purported exclusion, limitation, modification or waiver of a right conferred, or contractual condition or warranty implied, by this Act is void.\n43—Delegations\n\t(1)\tThe Commissioner may delegate any of the Commissioner's functions or powers under this Act—\n\t(a)\tto a person employed in the Public Service; or\n\t(b)\tto the person for the time being holding a specified position in the Public Service; or\n\t(c)\tto any other person under an agreement under this Act between the Commissioner and an organisation representing the interests of persons affected by this Act.\n\t(2)\tThe Minister may delegate any of the Minister's functions or powers under this Act (except the power to direct the Commissioner).\n\t(3)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n44—Agreement with professional organisation\n\t(1)\tThe Commissioner may, with the approval of the Minister, make an agreement with an organisation representing the interests of persons affected by this Act under which the organisation undertakes a specified role in the administration or enforcement of this Act.\n\t(2)\tThe agreement—\n\t(a)\tmust be in writing and executed by the Commissioner and the organisation; and\n\t(b)\tmay contain delegations by the Commissioner of functions or powers under this Act or the Fair Trading Act 1987; and\n\t(c)\tmust set out any conditions governing the performance or exercise of functions or powers conferred on the organisation; and\n\t(d)\tmust make provision for the variation and termination of the agreement by the Commissioner with the approval of the Minister or the organisation.\n\t(3)\tThe Commissioner may not delegate any of the following for the purposes of the agreement:\n\t(a)\tfunctions or powers under Part 2 or 3;\n\t(b)\tpower to request the Commissioner of Police to investigate and report on matters under this Part;\n\t(c)\tpower to commence a prosecution for an offence against this Act.\n\t(4)\tA delegation by the Commissioner for the purposes of the agreement—\n\t(a)\thas effect subject to the conditions specified in the agreement; and\n\t(b)\tmay be varied or revoked by the Commissioner in accordance with the terms of the agreement; and\n\t(c)\tdoes not prevent the Commissioner from acting in any matter.\n\t(5)\tThe Minister must, within six sitting days after the making of the agreement, cause a copy of the agreement to be laid before both Houses of Parliament.\n45—Exemptions\n\t(1)\tThe Minister may, on application by a person, exempt the person from compliance with a specified provision of this Act.\n\t(2)\tAn exemption under this section is subject to the conditions (if any) imposed by the Minister.\n\t(3)\tThe Minister may, at his or her discretion, vary or revoke an exemption under this section.\n\t(4)\tThe grant or a variation or revocation of an exemption under this section must be notified in the Gazette.\n46—Registers\n\t(1)\tThe Commissioner must keep—\n\t(a)\ta register of persons licensed as building work contractors; and\n\t(b)\ta register of persons registered as building work supervisors.\n\t(2)\tThe Commissioner must record on the register—\n\t(a)\tdisciplinary action taken against a person under this Act; and\n\t(b)\ta note of any assurance accepted by the Commissioner under the Fair Trading Act 1987 in relation to a licensed building work contractor.\n\t(2a)\tIf any of the following events occur in relation to a person who is licensed as a building work contractor, or is a director of a body corporate that is licensed as a building work contractor, the Commissioner may record a note of the event on the register:\n\t(a)\tthe person is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth;\n\t(b)\tthe person becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth;\n\t(c)\ta body corporate is wound up for the benefit of creditors and the person was a director of the body corporate—\n\t(i)\twhen the body corporate was being so wound up; or\n\t(ii)\twithin the period of 12 months preceding the commencement of the winding up;\n\t(d)\tthe person, being a body corporate, is being wound up or is under official management or in receivership.\n\t(3)\tA person may inspect a register on payment of the fee fixed by regulation.\n47—Commissioner and proceedings before Tribunal\n\t(1)\tThe Commissioner is entitled to be joined as a party to any proceedings of the Tribunal under Part 2, 3, 3A, 3B or 4.\n\t(2)\tThe Commissioner may appear personally in any such proceedings or may be represented at the proceedings by counsel or a person employed in the Public Service.\n\t(3)\tSubsection (1) applies in addition to section 53 of the South Australian Civil and Administrative Tribunal Act 2013.\n47A—Licensed building work contractor must not contract with unlicensed person\n\t(1)\tA licensed building work contractor must not contract with a person to carry out building work on behalf of the licensed building work contractor unless the person holds a building work contractors licence of the appropriate class under this Act.\n\t(a)\tfor an offence committed by a natural person—$100 000;\n\t(b)\tfor an offence committed by a body corporate—$500 000.\n\t(2)\tHowever, subsection (1) does not apply—\n\t(a)\tto a building work contractor who is exempt from complying with section 6 in respect of the relevant building work; or\n\t(b)\tin circumstances prescribed by the regulations.\n47B—Building work contractor not to use another person's licence number etc\n\t(1)\tA building work contractor must not, in relation to building work performed or to be performed by the building work contractor, use or refer to a licence number that is not the licence number assigned to their licence by the Commissioner in a manner that is intended, or is likely, to mislead or deceive another person into believing that the building work may lawfully be performed under the authority of that licence.\n\t(2)\tA building work contractor must not, for the purposes of obtaining a policy of insurance contemplated by Part 5 Division 3, use or refer to a licence number that is not the licence number assigned to their licence by the Commissioner.\n\t(3)\tA building work contractor must not, in relation to building work performed or to be performed by the building work contractor, directly or indirectly represent that the building work will be performed under the authority of a licence other than a licence held by the building work contractor.\n\t(4)\tA person who is not a building work contractor must not, in relation to building work performed or to be performed by the person, use or refer to a licence number in a manner that is intended, or is likely, to mislead or deceive another person into believing that the building work may lawfully be performed under the authority of that licence.\n47C—Offence to hold out as licensed etc\n\t(1)\tA person who is not licensed under this Act must not—\n\t(a)\thold themselves out as being so licensed; or\n\t(2)\tA person who holds a building work contractors licence with conditions must not—\n\t(a)\thold themselves out as having a building work contractors licence that is not subject to conditions; or\n\t(3)\tA person must not hold out another as being licensed under this Act unless that other person is, in fact, so licensed.\n47D—Offence to hold out as registered etc\n\t(1)\tA person who is not registered under this Act must not—\n\t(a)\thold themselves out as being so registered; or\n\t(2)\tA person who holds a building work supervisors registration with conditions must not—\n\t(a)\thold themselves out as having a building work supervisors registration that is not subject to conditions; or\n\t(3)\tA person must not hold out another as being registered under this Act unless that other person is, in fact, so registered.\n48—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act.\n\t(a)\tif the person made the statement knowing that it was false or misleading—\n\t(i)\tin the case of an offence committed by a natural person—$50 000;\n\t(ii)\tin the case of an offence committed by a body corporate—$500 000;\n\t(b)\tin any other case—\n\t(i)\tin the case of an offence committed by a natural person—$25 000;\n\t(ii)\tin the case of an offence committed by a body corporate—$250 000.\n49—Name in which building work contractor may carry on business\nA licensed building work contractor must not carry on business as a building work contractor except in the name in which the contractor is licensed or in a business name registered by the contractor under the Business Names Registration Act 2011 of the Commonwealth of which the Commissioner has been given prior notice in writing.\n50—Publication of advertisements\n\t(1)\tA licensed building work contractor must not publish, or cause to be published, an advertisement relating to the business carried on under the authority of the licence unless the advertisement specifies—\n\t(a)\tthe contractor's name as it appears in the licence or any registered business name in which the contractor carries on business as a building work contractor and of which the Commissioner has been given prior notice in writing; and\n\t(b)\tthe contractor's licence number and, if the contractor carries on business as a building work contractor in partnership, the licence number of each partner.\nMaximum penalty: $25 000.\n\t(2)\tSubsection (1) does not apply in relation to an advertisement offering or seeking applications for employment or directed to other building work contractors.\n51—Licensed building work contractor to have sign showing name etc on each building site\n\t(1)\tA licensed building work contractor must install or erect in a prominent position on the site of any building work performed by the contractor or on the outside of the place where the building work is being performed a sign showing in clearly legible characters—\n\t(a)\tthe contractor's name as it appears in the licence or any registered business name in which the contractor carries on business as a building work contractor and of which the Commissioner has been given prior notice in writing; and\n\t(b)\tthe contractor's licence number and, where the contractor carries on business as a building work contractor in partnership, the licence number of each partner.\nMaximum penalty: $25 000.\n\t(2)\tIf a licensed building work contractor is performing building work on a site for some other licensed building work contractor performing work on that site, it is sufficient compliance with subsection (1) if the provisions of that subsection are complied with only by that other contractor.\n52—Statutory declaration\nIf a person is required to provide information to the Commissioner, the Commissioner may require the information to be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Commissioner.\n53—Investigations\nThe Commissioner of Police must, at the request of the Commissioner, investigate and report on any matter relevant to—\n\t(a)\tthe determination of an application under this Act; or\n\t(b)\ta matter that might constitute proper cause for disciplinary action under this Act.\n54—General defence\nIt is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n55—Liability for act or default of officer, employee or agent\nFor the purposes of this Act, an act or default of an officer, employee or agent of a person carrying on a business will be taken to be an act or default of that person unless it is proved that the officer, employee or agent acted outside the scope of his or her actual, usual and ostensible authority.\n57—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n58—Prosecutions\n\t(1)\tProceedings for an offence against this Act must be commenced within 2 years of the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within 5 years of that date.\n\t(1a)\tAn indictable offence against this Act must be prosecuted, and dealt with by the Magistrates Court, as a summary offence.\n\t(2)\tA prosecution for an offence against this Act cannot be commenced except by—\n\t(a)\tthe Commissioner; or\n\t(b)\tan authorised officer under the Fair Trading Act 1987; or\n\t(c)\ta person who has the consent of the Minister to commence the prosecution.\n\t(3)\tIn any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.\n59—Evidence\n\t(1)\tIn proceedings in respect of an offence against this Act, if it is proved that a person performed building work for another for fee or reward, the person is, unless the contrary is proved, to be taken to have been carrying on business as a building work contractor.\n\t(2)\tIn proceedings in respect of an offence against this Act, if it is proved that a person has, during a period of five years, sold or let (whether by lease, licence or other agreement) two or more buildings each of which has been built or improved as a result of building work performed by that person during that period, the person is, unless the contrary is proved, to be taken to have been carrying on business as a building work contractor.\n\t(3)\tIn any proceedings, an apparently genuine document purporting to be a certificate of the Commissioner certifying—\n\t(a)\tthat a person was or was not licensed as a building work contractor on a specified date; or\n\t(b)\tthat a person was or was not registered as a building work supervisor on a specified date; or\n\t(c)\tthat a person was, or that no person was, approved as a building work supervisor in relation to a specified building work contractor's business on a specified date,\nwill be accepted, in the absence of proof to the contrary, as proof of the matters so certified.\n60—Service of documents\n\t(1)\tSubject to this Act, a notice or document required or authorised by this Act to be given to or served on a person may—\n\t(a)\tbe served on the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person—\n\t(i)\tat the person's last known address; or\n\t(ii)\tif the person is a licensed building work contractor or registered building work supervisor—at the person's address for service; or\n\t(c)\tif the person is a licensed building work contractor—be left for the person at the address for service with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by facsimile transmission to a facsimile number provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tThe address for service of a licensed building work contractor or registered building work supervisor is the address of which the Commissioner has been last notified in writing by the contractor or supervisor as the contractor's or supervisor's address for service.\n61—Annual report\n\t(1)\tThe Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.\n\t(2)\tThe Minister must, within six sitting days after receipt of the report, cause a copy of the report to be laid before each House of Parliament.\n62—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire licensed building work contractors or registered building work supervisors to comply with a code of conduct or practice;\n\t(b)\tfix fees to be paid in respect of any matter under this Act and provide for the recovery, refund, waiver or reduction of such fees;\n\t(c)\trequire councils and other local government authorities to provide prescribed information to the Commissioner at prescribed intervals;\n\t(d)\tprescribe or prohibit any matter or thing relating to preliminary work contracts (as defined in Part 5);\n\t(e)\texempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act;\n\t(f)\timpose a penalty (not exceeding a fine of $5 000) for contravention of, or non-compliance with, a regulation.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application;\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Minister.\n\t(4)\tRegulations under this Act made for the purposes of Part 5 or provisions of that Part may be expressed to apply in relation to periods before or after the commencement of that Part.\n\t(5)\tThe regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time.\n\t(6)\tIf a code is referred to in the regulations—\n\t(a)\ta copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and\n\t(b)\tevidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.\n","sortOrder":14},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Appointment and selection of assessors for Magistrates Court or District Court proceedings under Part 5","content":"Schedule 2—Appointment and selection of assessors for Magistrates Court or District Court proceedings under Part 5\n(1)\tThe Minister must establish a panel of persons with expertise in building work who may sit with the Magistrates Court or District Court (Civil Division) as assessors in proceedings under Part 5.\n(2)\tA member of the panel is to be appointed by the Minister for a term of office not exceeding three years and on conditions determined by the Minister and specified in the instrument of appointment.\n(3)\tA member of the panel is, on the expiration of a term of office, eligible for reappointment.\n(4)\tSubject to subclause (5), if assessors are to sit with the Magistrates Court or District Court (Civil Division) in proceedings under Part 5, a judicial officer of the Court must select two members from the panel to sit with the Court in the proceedings.\n(5)\tA member of the panel who has a personal or a direct or indirect pecuniary interest in a matter before the Magistrates Court or District Court (Civil Division) is disqualified from participating in the hearing of the matter.\n(6)\tIf an assessor dies or is for any reason unable to continue with any proceedings, the Magistrates Court or District Court (Civil Division) constituted of the judicial officer who is presiding at the proceedings and the other assessor may, if the judicial officer so determines, continue and complete the proceedings.\n","sortOrder":15},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 3—Transitional provisions\n2—Transitional\n\t(1)\tSubject to this Act, a licence in force under the repealed Act immediately before the commencement of this clause continues in force as a licence subject to the same licence conditions (if any).\n\t(2)\tSubject to this Act, registration in force under the repealed Act immediately before the commencement of this clause continues in force as registration subject to the same conditions of registration (if any).\n\t(3)\tIf a licence or registration in force under the repealed Act immediately before the commencement of this clause authorises the performance or supervision of building work within a specified trade only, the licence or registration will, for the purposes of this Act, be taken to be subject to conditions limiting the work that may be performed or supervised under the authority of the licence or registration to work within that trade (subject to variation or revocation of those conditions by the Commissioner under this Act).\n\t(4)\tSubject to this Act, an exemption in force under section 14 of the repealed Act immediately before the commencement of this clause continues as a corresponding exemption by the Commissioner for the purposes of this Act subject to the same conditions of exemption (if any).\n\t(5)\tSubject to this Act, approval of a registered building work supervisor in relation to a licensed builder's business in force under section 18 of the repealed Act immediately before the commencement of this clause continues as a corresponding approval by the Commissioner for the purposes of this Act.\n\t(6)\tIf an order or decision of the Commercial Tribunal is in force or continues to have effect under Part 4 of the repealed Act immediately before the commencement of this clause, the order or decision has effect as if it were an order of the District Court under Part 4 of this Act.\n\t(6a)\tIf a person—\n\t(a)\twho was disqualified from being licensed or registered under the repealed Act immediately before the commencement of this Act; and\n\t(b)\twho remains disqualified at the commencement of this subclause,\nis employed or otherwise engaged in the business of a building work contractor during the period of that disqualification, both that person and the building work contractor are guilty of an offence.\n\t(6b)\tSubclause (6a) applies after its commencement, whether the contract of employment or other engagement was entered into before or after its commencement.\n\t(7)\tThe Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Schedule, to the repeal of the Builders Licensing Act 1986.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Building Work Contractors Act 1995 repealed the following:\nBuilders Licensing Act 1986\nLegislation amended by principal Act\nThe Building Work Contractors Act 1995 amended the following:\nDistrict Court Act 1991\nMagistrates Court Act 1991\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Building Work Contractors Act 1995\n7.12.1995\n1.6.1996 (Gazette 23.5.1996 p2536)\n Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 7)—3.2.1997 (Gazette 19.12.1996 p1923)\n Statutes Amendment (Consumer Affairs) Act 1998 as amended by 22/1998\nPt 2 (ss 4—9) and Sch—28.5.1998 (Gazette 28.5.1998 p2292)\nStatutes Amendment (Consumer Affairs) Amendment Act 1998\n Building Work Contractors (GST) Amendment Act 1999\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 4)—1.6.2000 (Gazette 18.5.2000 p2554)\n Statutes Amendment (Consumer Affairs) Act 2001\n11.10.2001\nPt 2 (ss 4—9)—1.11.2001 (Gazette 25.10.2001 p4686)\n Statutes Amendment (Courts and Judicial Administration) Act 2001\n6.12.2001\nPt 2 (ss 4 & 5)—3.2.2002 (Gazette 24.1.2002 p346)\n Statutes Amendment (Advisory Panels Repeal) Act 2008\nPt 2 (s 3)—13.3.2008\n Statutes Amendment and Repeal (Fair Trading) Act 2009\n23.7.2009\nPt 2 (ss 4—6)—3.9.2009 (Gazette 3.9.2009 p4367)\n Building and Construction Industry Security of Payment Act 2009\n10.12.2009\nSch 1 (cl 2)—10.12.2011 (s 7(5) Acts Interpretation Act 1915)\n Business Names Registration (Transitional Arrangements) Act 2012\n22.3.2012\nSch 1 (cl 5)—28.5.2012 (Gazette 19.4.2012 p1467)\n Statutes Amendment (Courts Efficiency Reforms) Act 2012\n22.11.2012\nPt 2 (ss 4 & 5)—1.7.2013 (Gazette 16.5.2013 p1541)\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 7 (s 11)—17.6.2013 (Gazette 6.6.2013 p2498)\n Statutes Amendment (Occupational Licensing) Act 2013\n21.11.2013\nPt 2 (ss 4, 5, 7, 10—12)—1.11.2014 (Gazette 9.10.2014 p6095); ss 6, 8 & 9—21.11.2015 (Gazette 29.10.2015 p4742)\n Statutes Amendment and Repeal (Simplify) Act 2017\n15.3.2017\nPt 4 (ss 14—17)—1.7.2017 (Gazette 22.6.2017 p2224)\n Statutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 6 (ss 38 to 50)—4.5.2020 (Gazette 27.2.2020 p442)\n Public Holidays Act 2023\n7.12.2023\nSch 1 (cl 5)—1.1.2024: s 2\n Statutes Amendment (Building and Construction Industry Review—Penalties) Act 2025\n4.12.2025\nPt 2 (ss 3 to 20)—15.1.2026 (Gazette 15.1.2026 p27)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\ns 2\n\ns 3\n\ns 3(1)\ns 3 redesignated as s 3(1) by 21/1998 s 4\nbuilding\namended by 71/2013 s 4\nDistrict Court\ndeleted by 14/2019 s 38(1)\nGST\ninserted by 78/1999 s 2\nGST law\ninserted by 78/1999 s 2\nTribunal\ninserted by 14/2019 s 38(2)\ns 3(2)\ninserted by 21/1998 s 4\nPt 2\n\ns 6\n\ns 6(1)\namended by 71/2013 s 5\n\namended by 68/2025 s 3\ns 6(3) and (4)\ninserted by 7/2017 s 14\ns 7\n\ns 7(2)\namended by 71/2013 s 6\ns 8\n\ns 8(2)\namended by 47/2001 s 4(a)\ns 8(3)—(6)\ninserted by 47/2001 s 4(b)\ns 9\n\ns 9(1)\namended by 39/2009 s 4(1)\n\namended by 71/2013 s 7(1)\n\n(d) deleted by 71/2013 s 7(1)\ns 9(1a)\ninserted by 71/2013 s 7(2)\ns 9(2)\namended by 39/2009 s 4(2)\n\namended by 71/2013 s 7(3)\n\n(b)(iii) deleted by 71/2013 s 7(3)\ns 9(2a)\ninserted by 71/2013 s 7(4)\ns 10\n\ns 10(1)\nsubstituted by 14/2019 s 39(1)\ns 10(2)\namended by 4/2000 s 9(1) (Sch 1 cl 4(a))\n\nsubstituted by 14/2019 s 39(1)\ns 10(4)\namended by 14/2019 s 39(2)\ns 10(5)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 4(b))\ns 10(6)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 4(c))\ns 10A\ninserted by 47/2001 s 5\ns 11\n\ns 11(3)\namended by 47/2001 s 6\n\namended by 7/2017 s 15\nPt 3\n\ns 13\n\ns 13(2)\namended by 71/2013 s 8\ns 14\nsubstituted by 71/2013 s 9\ns 15\n\ns 15(1)\ns 15 redesignated as s 15(1) by 47/2001 s 7\ns 15(2)—(6)\ninserted by 47/2001 s 7\ns 16\nsubstituted by 71/2013 s 10\ns 17\n\ns 17(1)\nsubstituted by 14/2019 s 40(1)\ns 17(2)\namended by 4/2000 s 9(1) (Sch 1 cl 4(d))\n\nsubstituted by 14/2019 s 40(1)\ns 17(4)\namended by 14/2019 s 40(2)\ns 17(5)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 4(e))\ns 17(6)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 4(f))\ns 17A\ninserted by 47/2001 s 8\ns 18\n\ns 18(3)\namended by 47/2001 s 9\n\namended by 7/2017 s 16\ns 19\n\ns 19(4)\nsubstituted by 71/2013 s 11(1)\ns 19(6)\n\ndeleted by 71/2013 s 11(2)\ns 19(7)\n\namended by 68/2025 s 4(1), (2)\ns 19(8)\n\namended by 71/2013 s 11(3)—(5)\n\namended by 68/2025 s 4(3), (4)\nPt 3A\ninserted by 39/2009 s 5\n\nsubstituted by 71/2013 s 12\ns 19A\n\ns 19A(4) and (5)\nsubstituted by 14/2019 s 41(1)\ns 19A(6)\namended by 14/2019 s 41(2)\ns 19A(7)\nsubstituted by 14/2019 s 41(3)\ns 19A(8)\ndeleted by 14/2019 s 41(3)\nPt 3B\ninserted by 71/2013 s 12\ns 19B\n\ns 19B(3) and (4)\nsubstituted by 14/2019 s 42(1)\ns 19B(5)\namended by 14/2019 s 42(2)\ns 19B(6)\nsubstituted by 14/2019 s 42(3)\ns 19B(7)\ndeleted by 14/2019 s 42(3)\nPt 4\n\ns 22\namended by 14/2019 s 43\ns 23\n\ns 23(1)\namended by 14/2019 s 44(1)\ns 23(2)\namended by 14/2019 s 44(1), (2)\ns 24\namended by 21/1998 s 5\n\nsubstituted by 14/2019 s 45\ns 25\n\ns 25(1)\namended by 21/1998 Sch cl 1 as substituted by 22/1998 s 3\n\namended by 14/2019 s 46\n\namended by 68/2025 s 5\ns 25(2)\namended by 14/2019 s 46\ns 26\namended by 14/2019 s 47\n\namended by 68/2025 s 6\nPt 5\n\ns 28\n\ns 28(2)\namended by 68/2025 s 7\ns 29\n\ns 29(8a)—(8c)\ninserted by 78/1999 s 3(a)\ns 29(9)\namended by 68/2025 s 8\ns 29(10)\n\ncost-plus clause\nfixed price contract\nGST clause\ns 30\n\ns 30(1)\namended by 77/2009 Sch 1 cl 2(1)—(4)\n\n(b) deleted by 68/2025 s 9(1)\n\namended by 68/2025 s 9(2)\ns 30(2)\namended by 77/2009 Sch 1 cl 2(5)\n\namended by 68/2025 s 9(3)\ns 30(2a) and (2b)\ninserted by 68/2025 s 9(4)\ns 30(3)\namended by 77/2009 Sch 1 cl 2(6)\ns 30(4)\n\nprescribed payment\ninserted by 68/2025 s 9(5)\ns 31\n\ns 31(2)\n\namended by 68/2025 s 10(1), (2)\ns 34\namended by 68/2025 s 11\ns 36\n\ns 36(5)\n\nbusiness day\ndeleted by 39/2023 Sch 1 cl 5\n1.1.2024\ns 37\n\ns 37(9)\namended by 68/2025 s 12\ns 39\namended by 21/1998 s 6\ns 40\n\ns 40(1)\namended by 69/2001 s 4\n3.2.2002\n\namended by 43/2012 s 4\n1.7.2013\nPt 6\ndeleted by 5/2008 s 3\nPt 7\n\ns 45\n\ns 45(1)\namended by 7/2017 s 17\ns 46\n\ns 46(2a)\ninserted by 39/2009 s 6\ns 47\n\ns 47(1)\namended by 14/2019 s 48(1), (2)\ns 47(3)\ninserted by 14/2019 s 48(3)\nss 47A—47D\ninserted by 68/2025 s 13\ns 48\namended by 21/1998 Sch cl 1 as substituted by 22/1998 s 3\n\namended by 68/2025 s 14\ns 49\n\namended by 3/2012 Sch 1 cl 5\n28.5.2012\n\namended by 68/2025 s 15(1), (2)\ns 50\n\ns 50(1)\n\namended by 68/2025 s 16(1), (2)\ns 51\n\ns 51(1)\n\namended by 68/2025 s 17(1), (2)\ns 56\ndeleted by 16/2013 s 11\n17.6.2013\ns 58\n\ns 58(1)\nsubstituted by 21/1998 Sch cl 1 as substituted by 22/1998 s 3\n\nsubstituted by 68/2025 s 18\ns 58(1a)\ninserted by 68/2025 s 18\ns 62\n\ns 62(2)\namended by 68/2025 s 19\nSch 1 before deletion by 14/2019\n\nscl (4)\namended by 21/1998 s 7\nSch 1\ndeleted by 14/2019 s 49\nSch 2\n\nscl (4)\namended by 21/1998 s 8\nSch 3\n\ncl 1\n\ncl 2\n\ncl 2(6a)\namended by 68/2025 s 20\ncll (6a) and (6b)\ninserted by 21/1998 s 9\nSch 4\n\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nStatutes Amendment (Courts and Judicial Administration) Act 2001\nThe amendments made to the principal Act by this Part—\n\t(a)\tdo not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and\n\t(b)\tapply in respect of proceedings commenced after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).\nStatutes Amendment (Courts Efficiency Reforms) Act 2012\nThe amendment made to the Building Work Contractors Act 1995 by this Part—\n\t(a)\tdoes not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and\n\t(b)\tapplies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).\nStatutes Amendment (SACAT) Act 2019, Pt 6\n50—Transitional provisions\n\t(1)\tA right of appeal under section 10, 17, 19A or 19B of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.\n\t(2)\tA right to lodge a complaint under section 22 of the principal Act with respect to a matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Administrative and Disciplinary Division of the District Court, will be exercised as if this Part had been in operation before the right arose, so that the complaint may be lodged with the Tribunal rather than the District Court.\n\t(3)\tA decision or order of the Administrative and Disciplinary Division of the District Court under Part 4 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal.\n\t(4)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.\n\t(5)\tA member of each panel of persons who may sit as assessors established under Schedule 1 of the principal Act (as in force immediately before the relevant day) will cease to hold office on the commencement of this subsection and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.\n\t(6)\tIn this section—\nprincipal Act means the Building Work Contractors Act 1995;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\nReprint No 1—3.2.1997\n\nReprint No 2—28.5.1998\n\nReprint No 3—2.12.1999\n\nReprint No 4—1.6.2000\n\nReprint No 5—1.11.2001\n\nReprint No 6—3.2.2002\n\n28.5.2012\n\n17.6.2013\n\n1.7.2013\n\n1.1.2024\n\n","sortOrder":16}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on general knowledge, the Act has remained broadly focused on its original purpose of licensing building work contractors and protecting consumers in domestic building contracts in South Australia. Amendments over the years have refined rather than fundamentally redirected its scope. However, this assessment cannot be confirmed against the actual current text due to the retrieval failure."},"complexity_factors":["Legislation text was not retrievable — analysis is based on general knowledge only, introducing uncertainty","The Act has been amended multiple times since 1995, creating layered obligations that interact with other SA building and consumer laws","Licensing requirements involve multiple categories and exemptions that can be difficult for laypeople to navigate","Consumer contract provisions impose strict formal requirements (written contracts, mandatory disclosures) with legal consequences for non-compliance","Intersects with other legislation including the Building and Construction Industry Security of Payment Act and Australian Consumer Law","Enforcement and dispute resolution mechanisms span multiple bodies (CBS, SACAT, courts), creating navigational complexity"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Building Work Contractors Act 1995 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website restructure that occurred around **24 March 2026**.\n\n### What we know about this Act generally:\nThe Building Work Contractors Act 1995 is a South Australian law that regulates people and businesses who carry out building work for payment. In plain terms, it covers:\n\n- **Licensing** of building contractors (so dodgy operators can't just set up shop without qualifications)\n- **Consumer protections** — rules about contracts, deposits, and what builders must tell you before work starts\n- **Dispute resolution** — what happens when things go wrong between a homeowner and a builder\n- **Penalties** for unlicensed or dodgy building work\n\n### Who does it affect?\n- Homeowners hiring contractors for renovations, extensions, or new builds\n- Building contractors and subcontractors operating in South Australia\n- Anyone entering into a domestic building contract in SA\n\n> **Note:** Because the actual legislative text was unavailable, this summary is based on general knowledge of this Act. For the authoritative current text, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Act."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's core licensing and domestic building contract framework remains, but its scope and procedures have been altered by numerous amendments and subordinate rules. Examples in the text show: Tribunal procedures and references replacing earlier District Court provisions (see references added by the 2019 amendments reflected in ss 10, 17 and Schedule references), insertion of urgent suspension powers and later refinements (s 19A, s 19B), the introduction of GST clauses for contracts (s 29(8a)—(8c)), updates to payment and deposit rules and prescribed payments (s 30, as amended by subsequent Acts), and the more recent addition of explicit offences about contracting with unlicensed persons and holding out (ss 47A–47D inserted by later amendment). The Act therefore operates as a base statutory framework whose practical coverage and enforcement detail have been expanded and refined through later amendments and regulation (see legislative history and the amendment notes throughout the text)."},"complexity_factors":["Large number of interlocking Parts (licensing, registration, discipline, contract requirements, insurance and court remedies) increasing cross‑reference complexity","Extensive administrative discretion vested in the Commissioner (ss 5, 6(3)–(4), 19, 19A, 19B) combined with regulation‑making power (s 62)","Multiple penalty regimes and civil remedy pathways with different decision makers (Tribunal, Magistrates Court, District Court) and review time limits (ss 10, 17, 19A(4), 19B(3), 37, 40)","Substantial reliance on subordinate instruments and cross‑references to other Acts (Fair Trading Act, Building & Construction Security of Payment Act, GST law) which shift substantive detail outside the primary text (ss 21, 29, 30, 62)","Procedural technicalities and strict time windows for compliance and notifications (e.g. 14‑day notification for supervisor changes s 19(7)–(8); 28‑day cure periods s 11(3)–(5))","Transitional and amendment history adds interpretive layers (Schedule 3 and legislative history entries) and some provisions have been inserted, substituted or moved over time","Dispersed record‑keeping and public register obligations with content and disclosure choices (s 46)"],"plain_english_summary":"# What this law does (mechanically)\n\n- Establishes a licensing system for people and companies who carry on business as building work contractors (Part 2). A person must not carry on that business or hold themselves out as able to do so unless authorised by a licence (s 6). The Commissioner for Consumer Affairs administers the scheme (s 5).\n\n- Requires building work performed under a contractor's licence to be supervised by a registered and Commissioner‑approved building work supervisor (Part 3, s 12). Some professionals (for example registered architects) are treated as registered supervisors (s 14).\n\n- Gives the Commissioner power to grant, condition, suspend, vary or cancel licences and registrations, including urgent temporary suspension or conditions where there are reasonable grounds of likely harm (ss 19, 19A, 19B). The Commissioner may require photographs and identity information from licence/registration holders (ss 10A, 17A).\n\n- Provides a disciplinary process. Complaints may be lodged with the Tribunal; the Tribunal can reprimand, fine (up to amounts in s 25(1)(b)), suspend or cancel licences/registrations, disqualify people from being licensed, and impose other prohibitions (Part 4, ss 22–25).\n\n- Sets formal requirements for domestic building contracts: they must be written, set out full contractual terms, include licence names/numbers, provide the building owner with a signed copy and prescribed notice, and meet content rules in regulations (s 28). Contracts must generally state a fixed price and terms of payment, subject to limited exceptions (s 29).\n\n- Regulates payments and deposits for domestic contracts (s 30). It makes improper demands for payments an offence unless the payment is a genuine progress payment or a prescribed payment (s 30(1), (2a), (4)). The definition of permitted deposits and prescribed payments is in s 30(4) and by regulation.\n\n- Implies statutory warranties into domestic building contracts (s 32) and requires building indemnity insurance for relevant domestic building work, with minimum features and an ability for persons entitled to benefit under a statutory warranty to sue on the policy (ss 33–35).\n\n- Provides rights for building owners to terminate certain domestic contracts within prescribed time limits and gives courts specific remedial powers (ss 36–37). The Magistrates Court (and District Court Civil Division where value thresholds are exceeded) has powers to order remedial work, compensation and other relief (s 37, s 40).\n\n- Sets offences and penalties for false or misleading information, holding out as licensed or registered, misuse of licence numbers, failure to display site signs and to include licence details in advertising, and continuing offences (see ss 47B–47D, 48, 50–51, 57). Maximum penalties and expiation fees are specified in the Act.\n\n- Provides for registers of licensed contractors and registered supervisors, public inspection on payment of a fee, and for recording disciplinary action and other events on those registers (s 46).\n\n- Allows regulations to fill many technical details (fees, classes of work, codes of conduct, prescribed payments, exemptions and other matters) (s 62).\n\n# Who this affects\n\n- Building work contractors and people who perform building work for others or with the view to sale/letting (definition and Part 2; s 3).\n- Building work supervisors and certain professionals who supervise building work (Part 3; ss 12–16).\n- Building owners who enter domestic building contracts (Part 5; ss 28–37).\n- Insurers and persons seeking to rely on statutory warranties (Divisions 2–3 of Part 5; ss 32, 34–35).\n- The Commissioner for Consumer Affairs, the Minister (delegations and approvals), and the Tribunal (ss 5, 43, 47).\n\n# Why it matters (official purpose‑claims and how they operate mechanically)\n\n- The Act aims to regulate who may carry on the building contracting business and to ensure minimum standards of supervision, contracting formality and consumer protections in domestic building work. Those mechanisms are: licensing and registration (s 6; s 12), mandatory written contract contents (s 28), implied statutory warranties (s 32), building indemnity insurance (ss 34–35), and court remedies for defective or unfinished work (s 37).\n\n- The Act concentrates decision‑making power in the Commissioner (administration, approvals, exemptions, urgent and non‑urgent suspension/cancellation, s 5, ss 6(3)–(4), 19, 19A, 19B) while procedural review rights are provided to the Tribunal (ss 10, 17, 19A(4), 19B(3)). Regulations are used to set many operational details (s 62), creating a framework where primary statutory rules are supplemented by subordinate rules.\n\n# Who pays, who decides, and what changes behaviour (mechanics)\n\n- Who pays: licence and registration fees and periodic fees are payable by licence/registration holders (see s 8(1)(b) and s 11(2); s 18(2)). Building owners may pay prescribed deposits and payments defined in s 30(4). Contractors must hold building indemnity insurance for applicable domestic work (ss 34–35) — an insurance premium cost to contractors (mechanism: ss 34–35). Penalties and expiation fees are payable by persons convicted or issued expiation notices for prescribed offences (see penalty amounts in the offences across the Act: e.g. s 6(1), s 28(2)).\n\n- Who decides: the Commissioner administers licensing, registration, approvals, exemptions and disciplinary referrals (ss 5, 6(3), 19, 45, 53). The Tribunal decides reviews of refusals or disciplinary matters and may impose orders and fines (ss 10, 17, 19A(4), 19B(3), 22–25). The Magistrates Court (and where thresholds are exceeded, the District Court Civil Division) decides civil remedies under Part 5 (ss 37, 40).\n\n- Behaviour changes: persons must obtain and maintain licences/registrations (s 6, s 11, s 18), ensure approved supervisors supervise relevant work (s 12), use correct licence numbers in ads and sites (ss 50–51, 47B), supply required insurance and contract notices to building owners (ss 34, 28(1)(f)), and avoid demanding non‑permitted payments (s 30). Noncompliance risks suspension/cancellation, fines, criminal penalties and prohibition from carrying on specified activities (see ss 19A, 19B, 25, 26).\n\n# Costs, incentives and trade‑offs (mechanical effects, cited)\n\n- Compliance and administrative costs fall primarily on contractors and supervisors: licences, registration fees and periodic returns (s 11(2), s 18(2)), insurance premiums for building indemnity insurance (ss 34–35), administrative tasks (photographs, identity evidence — ss 8(3), 10A, 15(3), 17A), and obligations to nominate approved supervisors and notify changes within short timeframes (s 19(7)–(8)).\n\n- Penalties create strong deterrents: criminal and civil penalties are set at substantial levels across the Act (e.g. s 6(1) maximums; s 25 fines; s 26 contraventions), which raises the cost of non‑compliance.\n\n- The Commissioner has wide discretion over exemptions and conditions (s 6(3)–(4), s 45) and may delegate or enter agreements with organisations (s 43, s 44). That discretion reduces the need for frequent primary‑law amendments but concentrates implementation choices in the administration (see s 62(3)(c) too, which permits regulations to vest determinations in the Commissioner or Minister).\n\n- The Act links to other laws and instruments: it treats assurances under the Fair Trading Act 1987 as disciplinary grounds (s 21), incorporates the Building and Construction Industry Security of Payment Act 2009 for certain payment entitlements (s 30(1)(ab)), and includes GST‑related contract clauses (s 29(8a)—(8c)). That interdependence creates implementation complexity and potential for inconsistent outcomes unless subordinate instruments and interagency processes are aligned (mechanism: cross‑references in ss 21, 29, 30).\n\n# Implementation risk, compliance burden and discretion points (concrete mechanics and sections)\n\n- Discretion concentrated in the Commissioner: licensing, conditional licensing, exemptions, approvals of supervisors, urgent suspensions and cancellations are all materially in the Commissioner's gift (s 5; s 6(3)–(4); s 19; s 19A; s 19B). Regulations may also give the Commissioner or Minister specific discretions (s 62(3)(c)).\n\n- Many operational details are left to regulation: fee levels, classes of work, codes of conduct, prescribed payments and exemptions (s 62). That means compliance rules can change without primary‑law amendment.\n\n- Administrative steps with specific timing create compliance traps: examples include requiring a contractor to remedy defaults within 28 days or face licence cancellation (s 11(3)–(5)); requiring notification of supervisor changes within 14 days (s 19(7)–(8)); and minimum notice periods for Commissioner requests for information (28 days — ss 8(5), 15(5), 10A, 17A).\n\n- Delegation and agreements with industry organisations are permitted (s 43, s 44). The Act restricts delegation of Part 2 and Part 3 functions for such agreements (s 44(3)(a)), but otherwise enables the Commissioner to formalise roles with external bodies (s 44(1)–(4)).\n\n# Where the Act concentrates benefits or costs (mechanical observation)\n\n- Benefits concentrated to building owners are the written‑contract protections, implied statutory warranties, insurance entitlements and specific court remedies (ss 28, 32, 34–35, 37). The costs of delivering those protections are concentrated on contractors (licensing, supervision, insurance, compliance with formal contract and payment rules: ss 6, 12, 34, 28, 30).\n\n# Practical takeaways\n\n- If you are or engage a building contractor in South Australia, the Act makes licensing, written contracts and insurance central obligations; failure to meet them can attract heavy penalties and civil remedies (see ss 6, 28, 34, 30, 25). The Commissioner and the Tribunal are the main administrative and review actors (ss 5, 10, 22–25). Many technical matters are governed by regulation, so look to subordinate instruments for detail (s 62)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3051},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains within its original scope of regulating building work contractors and supervising building work. While Part 5 contains extensive consumer protection provisions for domestic building work, these appear to have been part of the original 1995 Act (carrying over provisions from the repealed 1986 Act as indicated by historical notes referencing 1987 commencement dates). Recent amendments (e.g., 2025 penalty updates) strengthen existing mechanisms rather than expanding into new substantive areas."},"complexity_factors":["18 defined terms in the interpretation section (section 3) including nested definitions for 'building work contractor', 'domestic building work', and 'director'","7 Parts with multiple Divisions and 62+ sections plus 3 Schedules","Extensive cross-referencing to other legislation including the South Australian Civil and Administrative Tribunal Act 2013, Corporations Act 2001 (Cth), Fair Trading Act 1987, and Building and Construction Industry Security of Payment Act 2009","Tiered penalty structures with different maximum penalties for natural persons versus bodies corporate, and escalating penalties for first/second versus third/subsequent offences (e.g., section 6)","Multi-layered eligibility criteria with nested sub-paragraphs (e.g., section 9(1) has 6 main criteria with up to 3 levels of nesting, plus exceptions in subsections (1a) and (2a))","Conditional exceptions throughout: section 12(2) exempts architect-supervised work; section 6(3) allows Commissioner exemptions; section 36 provides termination rights subject to timing conditions","Transitional provisions preserving rights and offences from the repealed Builders Licensing Act 1986 (Schedule 3)","Dual procedural pathways for urgent suspension (Part 3A) versus standard cancellation (Part 3B), each with specific review mechanisms and time limits"],"plain_english_summary":"**What this law does**\n\nThis South Australian law controls who can legally run a building business and sets rules to protect people building or renovating homes. It creates a licensing system for builders and a registration system for supervisors, plus special protections for domestic (home) building work.\n\n**Who needs a licence**\n- **Building work contractors**: Anyone running a business doing building work (construction, renovations, demolition, etc.) for others must hold a licence from the Commissioner for Consumer Affairs.\n- **Building work supervisors**: Licensed contractors must have registered supervisors to oversee the work. Architects and certain tradespeople (like plumbers and electricians) are automatically treated as registered supervisors.\n\n**Getting and keeping a licence**\nTo get a licence or registration, you must:\n- Have the right qualifications and experience\n- Be a \"fit and proper person\" (no serious criminal history or conduct issues)\n- Have sufficient financial resources (not be bankrupt or insolvent, generally)\n- Meet business knowledge requirements\n\nLicences and registrations last until cancelled or surrendered, but holders must pay periodic fees and submit returns. The Commissioner can suspend or cancel them if someone no longer qualifies or engages in misconduct.\n\n**Special protections for home building (Part 5)**\nIf you are building or renovating a house, this law gives you extra rights:\n- **Written contracts required**: Verbal agreements aren't enough. Contracts must include specific details like the builder's licence number and price.\n- **Statutory warranties**: Even if not written in the contract, the builder automatically promises that work will be done properly, materials will be good quality, and the house will be fit to live in.\n- **Insurance**: Builders must take out building indemnity insurance (to protect you if the builder goes bust, dies, or disappears) and give you a certificate proving it exists.\n- **Cooling-off period**: You can cancel the contract within 5 clear business days without penalty.\n- **Payment restrictions**: Builders can only ask for genuine progress payments (not large upfront deposits). For contracts over $20,000, deposits are capped at 5%.\n- **Price rules**: Fixed-price contracts must state the exact price. If the contract allows for price increases (rise-and-fall clauses), it must clearly say \"This Price May Change.\"\n\n**Discipline and enforcement**\n- The South Australian Civil and Administrative Tribunal (SACAT) handles complaints about builders and supervisors.\n- SACAT can reprimand, fine (up to $50,000), suspend, cancel licences, or ban people from working in the industry.\n- It is illegal to pretend to be licensed when you're not, to use another builder's licence number, or to contract with unlicensed operators.\n\n**Why this matters**\nThis law ensures builders are qualified and financially stable, gives homeowners enforceable rights and insurance if things go wrong, and provides a clear complaints pathway. It stops \"cowboy operators\" from taking deposits and disappearing, and ensures building work meets professional standards."}},"importantCases":[],"_links":{"self":"/api/acts/building-work-contractors-act-1995","history":"/api/acts/building-work-contractors-act-1995/history","analysis":"/api/acts/building-work-contractors-act-1995/analysis","conflicts":"/api/acts/building-work-contractors-act-1995/conflicts","importantCases":"/api/acts/building-work-contractors-act-1995/important-cases","documents":"/api/acts/building-work-contractors-act-1995/documents"}}