{"id":"a-2004-12","name":"Construction Occupations (Licensing) Act 2004","slug":"construction-occupations-licensing-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"12 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23281,"registerId":"act-a-2004-12-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"23","sectionType":"section","heading":"February 2026. It also includes any commencement, amendment, repeal or expiry affecting","content":"23 February 2026. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 23 February 2026.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 What is a construction practitioner? 3\n7 What is a construction occupation? 3\n8 What is a builder? 4\n8A What is a building assessor? 4\n9 What is a building surveyor? 4\n10 What is a drainer? 5\n\nPage\ncontents 2 Construction Occupations (Licensing) Act 2004\n11 What is an electrician? 5\n12 What is a gasfitter? 6\n12A What is a gas appliance worker? 6\n13 What is a plumber? 6\n14 What is a plumbing plan certifier? 7\n14A What is a works assessor? 7\n15 Classes of construction occupations 7\n16 What is an operational Act? 7\n17 Licence applications 9\n18 Eligibility for licence 9\n19 Decision on licence application 10\n20 Multiple occupations, classes and authorisation 12\n21 Licence conditions 13\n21A Licence conditions—licensee’s previous licence cancelled for longer\nthan 1 year etc 13\n22 Endorsements on licences 14\n23 Form of licence 14\n24 Term of licence 15\n24A Eligibility for licence renewal 15\n25 Licence renewal 15\n26 Voluntary licence cancellation 17\n26A Entitlement to act as works assessor 18\n26B Notification requirements for licensees 19\n26C Criminal liability of executive officers—s 26B 20\n27 Meaning of mandatory requirement for div 3.2 22\n28 Eligibility for licence—corporations and partnerships 22\n28A Nominees of corporations or partnerships 24\n29 Resignation of nominee 25\n30 Revocation of nominee’s appointment 25\n31 Role of nominees 26\n32 Legislation Act and nominee appointments 27\n\nPage\ncontents 3\nPart 4 Rectification orders, enforceable\nundertakings and other obligations on\n33 Definitions—pt 4 28\n33A Rectification orders—exercise of registrar’s powers 28\n34 Intention to make rectification order 29\n35 When rectification order may be made 30\n36 Considerations for deciding when rectification order appropriate 32\n37 Rectification order inappropriate 33\n38 Rectification orders 35\n39 Emergency rectification order 37\n39A Rectification order—licensee or former licensee wound up etc before\norder made 38\n39B Rectification order—licensee or former licensee wound up etc after\norder made 40\n40 Rectification order offence 41\n41 Failure to comply with order 42\n42 Action on emergency rectification order 42\n43 Hindering or obstructing authorised licensee 43\n44 Damage etc by authorised licensee to be minimised 43\n45 Compensation 44\n46 Protection of authorised licensees from liability 44\n47 Licensee to give evidence of insurance 45\n47A Licensee must comply with determinations about training 46\n47B Registrar may accept undertakings 46\n47C Notice of decision and reasons for decision 47\n47D When rectification undertaking becomes enforceable 48\n47E Withdrawal or variation of rectification undertaking 48\n47F Ending rectification undertaking 48\n47G Undertaking not admission of fault etc 48\n47H Contravention of rectification undertaking 49\n\nPage\ncontents 4 Construction Occupations (Licensing) Act 2004\n47I Proceeding for contravention or alleged contravention 50\n47J Rectification undertaking offence 51\nPart 5 Automatic licence suspension and\noccupational discipline\n48 Automatic suspension of individual licence 52\n49 Automatic suspension of corporate licence 52\n50 Automatic suspension of partnership licence 53\n50A Automatic suspension of licence—no nominee 53\n51 Automatic suspension of licence—construction occupations 54\n52 Automatic suspension of licence—occupation classes 54\n52A Suspension of licence—public safety 54\n53 End of licence suspension 55\n53A Cancellation of licence following automatic suspension 56\n54 Meaning of licensee—div 5.2 57\n55 Grounds for occupational discipline 57\n55A Skill assessment of licensees 58\n56 Occupational discipline 60\n57 Considerations before making occupational discipline orders 61\n58 Occupational discipline orders—licensees 62\n58AA Occupational discipline orders—directors or partners of licensees 63\n58A Occupational discipline orders—related licence of licensee 64\n59 Interim licence suspension 66\n60 Effect of interim suspension 67\n61 Revocation of interim suspension 67\n62 Builders licence affected by occupational discipline or other action 67\n63 Effect of non-renewal on suspended licence 68\n64 Requirement to return surrendered licence 69\n65 Meaning of cancellation order—div 5A.1 70\n\nPage\ncontents 5\n66 Application for cancellation order 70\n67 Cancellation order 70\n68 Revoking cancellation order 72\n69 Meaning of criminal intelligence—div 5A.2 72\n70 Disclosure of criminal intelligence 72\n71 Whether information is criminal intelligence—application and decision 72\n72 Confidentiality of criminal intelligence—ACAT 73\n73 Confidentiality of criminal intelligence—courts 74\n74 Delegation by chief police officer 75\n75 Definitions—pt 6 76\n76 Compliance auditors—appointment 76\n77 Compliance auditors—functions 77\n78 Compliance auditors—entry to premises 77\n79 Compliance auditors—production of documents 78\n80 Non-compliance with s 79 notice 80\n80CA Inspectors—appointment 81\n80CB Inspectors—functions 81\n80CC Inspectors—entry to premises 82\n80CD Inspectors—power to seize things 83\n80CE Inspectors—receipt for things seized 85\n80CF Access to things seized 85\n80CG Return of things seized 85\n","sortOrder":0},{"sectionNumber":"Div 6","sectionType":"division","heading":"4 Identity cards—compliance auditors and inspectors","content":"Division 6.4 Identity cards—compliance auditors and inspectors\n80CH Identity cards 86\n80CI Functions not to be exercised before identity card shown 86\n80CJ Consent to entry 87\n80CK Warrants generally 88\n\nPage\ncontents 6 Construction Occupations (Licensing) Act 2004\n80CL Warrants—application made other than in person 89\n80CM Search warrants—announcement before entry 91\n80CN Details of search warrant to be given to occupier etc 91\n80CO Occupier entitled to be present during search etc 92\n80CP Moving things to another place for examination or processing 92\n80D Meaning of information requirement—pt 6A 94\n80E Information requirements 94\n80F Treatment of documents provided under information requirement 95\n80G Contravention of information requirement 95\n81 Pretending to be licensed 96\n82 No nominee 96\n83 Advertising without details 97\n84 Certain entities not to provide construction services 99\n85 Allowing unlicensed people to provide construction service 101\n86 Surrender of licences 103\n87 Breach of licence conditions or codes 104\n88 Notification of cancellation of insurance 105\n89 Definitions—pt 8 106\n90 Meaning of previous 3 years for pt 8 107\n91 Recording demerit points 107\n92 When demerit points are incurred 108\n93 Deleting demerit points 108\n94 Warning notices 109\n95 Consequences of incurring demerit points—licensees 109\n96 Consequences of incurring demerit points—applicant for issue or\nrenewal of licence 110\n97 Licence suspension 111\n98 Licence disqualification 111\n\nPage\ncontents 7\n99 Demerit points incurred but not taken into account for notice of licence\nsuspension etc 113\n100 Issue of licence suspension notice etc 113\n101 Keeping demerit points register 113\n102 Security and disclosure of information in demerit points register 114\n103 Construction occupations registrar 115\n104 Registrar’s functions 116\n104A Ministerial statement of expectations 116\n104B Determinations about training 118\n105 Delegation by registrar 118\n106 Deputy registrars 118\n107 The register 119\n107A Register—public information 120\n108 Recording rectification orders 125\n109 Recording contravention of rectification orders 125\n110 Recording interim licence suspension 126\n111 Removal of information from register 126\n111A Register of rectification undertakings 127\n112 Annual report by registrar 128\n113 Evidentiary certificates 128\n114 Establishment of advisory boards 129\n115 Constitution of advisory board 129\n116 Advisory board functions 130\n117 Who may complain? 131\n118 Form of complaint 131\n119 Withdrawal of complaints 132\n120 Further information about complaint etc 132\n121 Investigation of complaint 133\n122 No further action 133\n\nPage\ncontents 8 Construction Occupations (Licensing) Act 2004\n","sortOrder":1},{"sectionNumber":"123","sectionType":"section","heading":"Action after investigating complaint 133","content":"123 Action after investigating complaint 133\n123AA Definitions—pt 11AA 136\n123AB Sharing public safety information—territory agencies 137\n123ABA Sharing public safety information—non-territory agencies 138\nPart 11AB Energy efficiency rating statements\n123AC Meaning of energy efficiency rating statement 139\n123AD Energy efficiency rating statement 139\n123AE Conflict of interest—building assessors 140\nPart 11A Notification and review of decisions\n123A Meaning of reviewable decision—pt 11A 142\n123B Reviewable decision notices 142\n123C Review of reviewable decisions 142\n125 Protection of registrar, advisory boards etc 143\n126 AS 3500 and Legislation Act, s 47 143\n126A Codes of practice 143\n126B Directors liability for amounts 144\n127 Determination of fees 145\n128 Approved forms 145\n128A Applying, adopting or incorporating documents in regulations 146\n129 Regulation-making power 147\nDictionary 148\n1 About the endnotes 154\n2 Abbreviation key 154\n3 Legislation history 155\n4 Amendment history 164\n\nPage\ncontents 9\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications 185","content":"5 Earlier republications 185\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions 190","content":"6 Expired transitional or validating provisions 190\n\nAn Act to regulate construction occupations, and for other purposes\n\n","sortOrder":4},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Construction Occupations (Licensing) Act 2004.\n","sortOrder":5},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘building work—see the Building\nAct 2004, section 6.’ means that the term ‘building work’ is defined in\nthat section and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n6 What is a construction practitioner?\n(1) A construction practitioner is an entity that provides, has provided\nor proposes to provide a construction service.\n(2) A construction service is the doing or supervision of work in a\nconstruction occupation.\nNote Supervise—see dict.\n(3) For this Act, the regulations may—\n(a) prescribe work as work in a construction occupation; and\n(b) exclude work from a construction occupation.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"What is a construction occupation?","content":"7 What is a construction occupation?\nEach of the following is a construction occupation:\n(a) builder;\n(b) building assessor;\n(c) building surveyor;\n(d) drainer;\n(e) electrician;\n(f) gasfitter;\n(g) gas appliance worker;\n(h) plumber;\n(i) plumbing plan certifier;\n(j) works assessor.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"What is a builder?","content":"8 What is a builder?\n(1) A builder is an entity that provides, has provided or proposes to\nprovide a building service.\n(2) A building service is the doing or supervising of building work.\nNote 1 Building work—see the Building Act 2004, section 6.\nNote 2 For building work that involves asbestos removal, a builder must hold an\nasbestos removal licence (see Work Health and Safety Regulation 2011,\ndiv 8.10.1).\n","sortOrder":9},{"sectionNumber":"8A","sectionType":"section","heading":"What is a building assessor?","content":"8A What is a building assessor?\n(1) A building assessor is an entity that provides, has provided or\nproposes to provide a building assessment service.\n(2) A building assessment service is the doing of building assessment\nwork.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"What is a building surveyor?","content":"9 What is a building surveyor?\n(1) A building surveyor is an entity that provides, has provided or\nproposes to provide—\n(a) a building certification service; or\n(b) an exemption assessment service; or\n(c) a works assessment service.\nNote Works assessment service—see s 14A (2).\n(2) An exemption assessment service is the doing of exemption\nassessment work.\n(3) A building certification service is the doing of building certification\nwork.\n\nbuilding certification work means anything a building certifier may\nor must do under the Building Act 2004.\nNote The Building Act 2004 requires a building surveyor to be appointed as a\ncertifier before doing building certification work. It also restricts the\nbuilding certification work certain building surveyors may do depending\non their occupation class.\nexemption assessment work means undertaking an exemption\nassessment under the Building Act 2004.\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"What is a drainer?","content":"10 What is a drainer?\n(1) A drainer is an entity that provides, has provided or proposes to\nprovide a sanitary drainage service.\n(2) A sanitary drainage service is the doing or supervision of sanitary\ndrainage work.\nsanitary drainage work—see Water and Sewerage Act 2000,\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"What is an electrician?","content":"11 What is an electrician?\n(1) An electrician is an entity that provides, has provided or proposes to\nprovide electrical wiring services.\n(2) An electrical wiring service is the doing or supervision of electrical\nwiring work.\nelectrical wiring work—see the Electricity Safety Act 1971,\n\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"What is a gasfitter?","content":"12 What is a gasfitter?\n(1) A gasfitter is an entity that provides, has provided or proposes to\nprovide a gasfitting service.\n(2) A gasfitting service is the doing or supervision of gasfitting work.\ngasfitting work—see the Gas Safety Act 2000, section 6F.\n","sortOrder":14},{"sectionNumber":"12A","sectionType":"section","heading":"What is a gas appliance worker?","content":"12A What is a gas appliance worker?\n(1) A gas appliance worker is an entity that provides, has provided or\nproposes to provide a gas appliance service.\n(2) A gas appliance service is the doing or supervising of type A gas\nappliance work or type B gas appliance work.\ntype A gas appliance work—see the Gas Safety Act 2000, section 6B.\ntype B gas appliance work—see the Gas Safety Act 2000, section 6C.\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"What is a plumber?","content":"13 What is a plumber?\n(1) A plumber is an entity that provides, has provided or proposes to\nprovide a plumbing service.\n(2) A plumbing service is the doing or supervision of—\n(a) sanitary plumbing work; or\n(b) water supply plumbing work.\nsanitary plumbing work—see Water and Sewerage Act 2000,\nwater supply plumbing work—see Water and Sewerage Act 2000,\n\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"What is a plumbing plan certifier?","content":"14 What is a plumbing plan certifier?\n(1) A plumbing plan certifier is an entity that provides, has provided or\nproposes to provide a plumbing plan certification service.\n(2) A plumbing plan certification service is the doing of plumbing plan\ncertification work.\nplumbing plan certification work means anything a certifier\nappointed under the Water and Sewerage Act 2000 may or must do\nunder that Act.\n","sortOrder":17},{"sectionNumber":"14A","sectionType":"section","heading":"What is a works assessor?","content":"14A What is a works assessor?\n(1) A works assessor is an entity who provides, has provided or proposes\nto provide a works assessment service.\n(2) A works assessment service is the doing of works assessment work.\n","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Classes of construction occupations","content":"15 Classes of construction occupations\nA regulation may divide a construction occupation into classes.\n","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"What is an operational Act?","content":"16 What is an operational Act?\nEach of the following is an operational Act:\n• Building Act 2004\n• Dangerous Substances Act 2004\n• Electricity Safety Act 1971\n• Gas Safety Act 2000\n• Planning Act 2023\n• Professional Engineers Act 2023\n• Property Developers Act 2024\n• Unit Titles Act 2001\n\n• Utilities Act 2000\n• Water and Sewerage Act 2000.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n\n","sortOrder":20},{"sectionNumber":"Part 3","sectionType":"part","heading":"Construction practitioners","content":"Part 3 Construction practitioners\nlicences\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Licence applications","content":"17 Licence applications\n(1) An individual, corporation or partnership may apply to the registrar\nto be licensed in a construction occupation or, for a construction\noccupation that is divided into classes, in an occupation class.\nNote An entity’s entitlement to apply for a licence may be affected by a\ndisqualification (see s 98 (3)).\n(2) However, a corporation or partnership may apply under\nsubsection (1) in relation to a construction occupation or occupation\nclass only if the regulations allow a corporation or partnership to be\nlicensed in the occupation or class.\n(3) The regulations may prescribe the requirements for applications.\n(4) A regulation may prescribe how an applicant may, or must,\ndemonstrate that the applicant satisfies a requirement in relation to an\napplication.\n(5) If this Act or the regulations prescribe requirements for applications,\nthe registrar need not consider an application that does not comply\nwith the requirements.\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Eligibility for licence","content":"18 Eligibility for licence\nThe regulations may prescribe when an entity is eligible, or not\neligible, to be licensed in a construction occupation or occupation\nclass, including the qualifications the entity must have to be eligible\nto be licensed in the occupation or class.\n\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Decision on licence application","content":"19 Decision on licence application\n(1) If an entity applies for a licence for a construction occupation or\noccupation class, the registrar must issue, or refuse to issue, the\n(2) However, the registrar may issue a licence other than the licence\napplied for if—\n(a) the applicant is not eligible for the licence applied for; and\n(b) the applicant is eligible for the other licence; and\n(c) the licence issued is in the same construction occupation as, but\na different occupation class from, the licence applied for; and\n(d) the applicant agrees to the issue of the licence.\n(3) The registrar must refuse to issue a licence for a construction\noccupation or occupation class to an applicant if—\n(a) the registrar is not satisfied that the applicant is eligible to be\nlicensed in the occupation or class; or\n(b) the applicant is disqualified from holding a licence under\nsection 98 (Licence disqualification).\n(4) The registrar may refuse to issue a licence for a construction\noccupation, or occupation class, to an applicant if—\n(a) the applicant, or a director or nominee of an applicant that is a\ncorporation, or a partner or nominee of an applicant that is a\npartnership, is a licensee, a related licensee, or a former licensee\n(however described) under this Act or a corresponding law\nwho—\n(i) as a result of disciplinary action (however described) is, or\nhas been, disqualified from holding a licence (however\ndescribed) or prohibited from providing a construction\nservice (however described) under this Act or a\n\n(ii) is, or has been, subject to occupational discipline (however\ndescribed) under this Act or a corresponding law; or\n(iii) the registrar believes on reasonable grounds surrendered a\nlicence (however described) in circumstances that related\nto a ground for occupational discipline (however\ndescribed) under this Act or a corresponding law; or\n(iv) has contravened, or is contravening, a court order or an\norder made by the ACAT (or a similar State tribunal)\nrelating to a construction service, construction occupation\nor occupation class under this Act or a corresponding law;\nor\n(v) has contravened, or is contravening, this Act or a condition\nof a licence or a previous or related licence; or\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(vi) has contravened, or is contravening, a rectification order\n(however described) under this Act or a corresponding law;\nor\n(vii) has contravened, or is contravening, a rectification\nundertaking (however described) under this Act or a\n(viii) has a debt owing to the Territory under section 37 (5),\nsection 41 (5) or section 42 (3) and does not have, or is not\ncomplying with, a formal arrangement to pay the debt; and\n(b) the registrar believes on reasonable grounds that the refusal is\nnecessary or desirable to protect the public.\n(5) The registrar may issue a licence to an applicant for less than the\nmaximum period for which the licence may be issued if the registrar\nbelieves on reasonable grounds that it is necessary or desirable to\nprotect the public.\n\n(6) If an application for occupational discipline in relation to an applicant\nor nominee of an applicant has been made by the registrar under\ndivision 5.2 (Occupational discipline—licensees), the registrar need\nnot decide whether to licence the applicant until the application has\nbeen dealt with by the ACAT, and any appeal or review arising from\nthe occupational discipline, is finished.\nrelated licence means a licence under this Act or a corresponding law\nthat is held by a related licensee.\n(a) if the applicant, or a director, partner or nominee of the applicant\nis or has been a director or nominee of a corporation (the related\ncorporation) that is or has been a licensee under this Act or a\ncorresponding law—the related corporation; or\n(b) if the applicant, or a director, partner or nominee of the applicant\nis or has been a partner or nominee of a partnership (the related\npartnership) that is or has been a licensee under this Act or a\ncorresponding law—the related partnership.\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Multiple occupations, classes and authorisation","content":"20 Multiple occupations, classes and authorisation\n(1) A licence may authorise the licensee to provide construction services\nin 1 or more construction occupations and 1 or more occupation\nclasses.\n(2) A licence authorises the licensee to provide construction services in\neach construction occupation or occupation class to which it relates,\nsubject to any condition, and in accordance with any endorsement, on\nthe licence.\n\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Licence conditions","content":"21 Licence conditions\n(1) The regulations may prescribe—\n(a) conditions on licences; and\n(b) when conditions on licences (whether imposed under the\nregulations or by the registrar) take effect.\n(2) The registrar may also impose a condition on a licence by written\nnotice given to the licensee if satisfied it is necessary or desirable to\nprotect the public, unless a regulation provides otherwise.\n","sortOrder":26},{"sectionNumber":"21A","sectionType":"section","heading":"Licence conditions—licensee’s previous licence","content":"21A Licence conditions—licensee’s previous licence\ncancelled for longer than 1 year etc\n(a) an individual held a licence (however described) under this Act\nor a corresponding law in a construction occupation or\noccupation class (however described) that—\n(i) was cancelled, and the individual was disqualified from\napplying for a licence (however described) for at least\n1 year; or\n(ii) the registrar believes on reasonable grounds was\nsurrendered by the individual in circumstances that related\nto a ground for occupational discipline (however\ndescribed); and\n(b) the individual has applied for a licence for the same or\nsubstantially the same construction occupation or occupation\nclass.\n(2) The registrar may issue the licence to the individual—\n(a) subject to 1 or more of the following conditions:\n(i) that the licensee must not be a nominee for a stated period;\n\n(ii) that the licensee must not supervise trainees or other\nlicensees;\n(iii) that the licensee must be supervised by someone else;\n(iv) any other condition that the registrar considers appropriate;\nand\n(b) if the registrar believes on reasonable grounds that the condition\nis necessary or desirable to protect the public.\n(3) This section does not limit the operation of section 21.\n","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Endorsements on licences","content":"22 Endorsements on licences\n(1) The registrar may, in accordance with the regulations, endorse a\n(2) An endorsement authorises the licensee to provide a stated kind of\nconstruction service that the licensee would not otherwise be allowed\nto provide under the licence.\n23 Form of licence\n(1) A licence must be signed by the registrar and contain the following\ndetails in relation to the licensee:\n(a) the licensee’s full name;\n(b) each construction occupation, and occupation class (if any), in\nwhich the licensee is licensed;\n(c) a unique identifying number (the licence number) for each\nconstruction occupation and occupation class in which the\nlicensee is licensed.\nNote A licence may be endorsed under s 22.\n(2) The regulations may require or allow other information to be included\non a licence.\n\n","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Term of licence","content":"24 Term of licence\nThe regulations may prescribe the maximum period for which a\nlicence is issued or renewed.\n","sortOrder":29},{"sectionNumber":"24A","sectionType":"section","heading":"Eligibility for licence renewal","content":"24A Eligibility for licence renewal\n(1) A regulation may prescribe when an entity is eligible, or not eligible,\nfor renewal of a licence in a construction occupation or occupation\nclass, including the qualifications the entity must have to be eligible\nfor renewal of the licence.\n(2) A regulation may prescribe how an applicant may, or must,\ndemonstrate that the applicant satisfies a requirement in relation to an\napplication for renewal.\n","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Licence renewal","content":"25 Licence renewal\n(1) A licensee may apply to the registrar for renewal of the licence before\nthe licence term ends.\n(2) The registrar must renew a licence on application if satisfied that the\napplicant—\n(a) would be eligible to be licensed if the application were for a new\nlicence of the same kind; or\n(b) is eligible for renewal of the licence.\n(3) However, the registrar may refuse to renew a licence if—\n(a) the applicant, or a director or nominee of an applicant that is a\ncorporation, or a partner or nominee of an applicant that is a\npartnership, or a related licensee of the applicant—\n(i) has contravened, or is contravening, a court order or an\norder made by ACAT relating to the applicant’s licence or\na related licence (including work done by the licensee or a\nrelated licensee); or\n\n(ii) has contravened, or is contravening, this Act or a condition\nof the applicant’s licence or a condition of a licence or a\nrelated licence; or\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(iii) has contravened, or is contravening, a rectification order;\nor\n1 failing to start the work stated in the rectification order\n2 failing to finish the work stated in the rectification order in the\nperiod within which the order states that the work must be done\n(iv) has contravened, or is contravening, a rectification\nundertaking (however described) under this Act or a\n(v) was required by the registrar under section 55A (Skill\nassessment of licensees) to be assessed and the applicant\nhas not completed the assessment; or\n(vi) has a debt owing to the Territory under section 37 (5),\nsection 41 (5) or section 42 (3) and does not have, or is not\ncomplying with, a formal arrangement to pay the debt; or\n(vii) is disqualified under a corresponding law from holding a\nlicence (however described) or providing a construction\nservice (however described) in the same, or substantially\nthe same, construction occupation or occupation class\napplied for; and\n(b) the registrar believes on reasonable grounds that the refusal is\nnecessary or desirable to protect the public.\n\n(4) The registrar may renew a licence for less than the maximum period\nfor which the licence may be renewed if the registrar believes on\nreasonable grounds that it is necessary or desirable to protect the\npublic.\n(5) The renewal of a licence begins on the day after the licence being\nrenewed ends.\n(6) A suspended licence may be renewed, but the renewed licence is\nsuspended until the suspension ends.\nrelated licence means a licence under this Act or a corresponding law\nthat is held by a related licensee.\n(a) if a director, partner or nominee of the applicant is or has been a\ndirector or nominee of a corporation (the related corporation)\nthat is or has been a licensee under this Act or a corresponding\nlaw—the related corporation; or\n(b) if a director, partner or nominee of the applicant is or has been a\npartner or nominee of a partnership (the related partnership)\nthat is or has been a licensee under this Act or a corresponding\nlaw—the related partnership; or\n(c) if a director, partner or nominee of the applicant is or has been a\nlicensee under this Act or a corresponding law—the director,\npartner or nominee.\n","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Voluntary licence cancellation","content":"26 Voluntary licence cancellation\nThe registrar must cancel a licensee’s licence if—\n(a) the licensee asks, in writing, for the cancellation; and\n(b) the licensee gives the licence to the registrar or satisfies the\nregistrar that the licence has been lost, stolen or destroyed; and\n\n(c) the registrar is satisfied that—\n(i) the licensee cannot exercise the licensee’s functions\nbecause of mental or physical incapacity; or\n(ii) another licensee is to take over the licensee’s functions in\nrelation to construction services that have not been\ncompletely provided; or\n(iii) it is otherwise appropriate to approve the cancellation.\n","sortOrder":32},{"sectionNumber":"26A","sectionType":"section","heading":"Entitlement to act as works assessor","content":"26A Entitlement to act as works assessor\n(1) A licensed construction practitioner is not entitled to perform services\nas a works assessor if the practitioner has an interest in the work\n(the works) to be considered for the works assessment service.\n(2) For this section, a licensed construction practitioner has an interest in\nthe works if the practitioner, or an entity related to the practitioner—\n(a) has a legal or equitable interest in the land where the works are,\nor are to be, carried out; or\n(b) has prepared, or intends to prepare, drawings intended to be used\nin relation to the works, unless—\n(i) the works have been certified by another entity; and\n(ii) the other entity is not related to the practitioner; or\n(c) has carried out, or intends to carry out, any of the works; or\n(d) has a financial interest in the construction or completion of the\nworks.\n(3) For this section, an entity is related to a licensed construction\npractitioner if the entity is—\n(a) an entity with which the practitioner has a personal,\nprofessional, commercial or financial relationship; or\n(b) an employer or employee of the practitioner; or\n\n(c) a company of which the practitioner is a director or in which the\npractitioner holds a share.\n(4) For this section, works have been certified if—\n(a) a building approval has been issued for the works; or\n(b) a development approval has been issued for the works; or\n(c) a works assessment service has been provided for the works.\n","sortOrder":33},{"sectionNumber":"26B","sectionType":"section","heading":"Notification requirements for licensees","content":"26B Notification requirements for licensees\n(1) A licensee must give the registrar written notice of the following\nevents or circumstances (a notification event):\n(a) for an individual who is the licensee—the individual becomes\nbankrupt or personally insolvent;\n(b) for a corporation that is the licensee—\n(i) the corporation becomes the subject of a winding-up order;\nor\n(ii) the corporation is placed into administration, receivership\nor liquidation;\n(c) for a partnership that is licensed in a construction occupation or\noccupation class—a partner’s licence in the same occupation or\nclass is suspended or cancelled;\n(d) the licensee, or a director or partner of the licensee, is found\nguilty, whether in the ACT or anywhere else, of an offence\n(ii) is punishable by imprisonment for at least 1 year;\n(e) the licensee is not insured for a construction occupation or\noccupation class in accordance with the regulation;\n\n(f) for a corporation or partnership that is the licensee—the licensee\ndoes not have the required nominee or nominees for the\nconstruction occupation or occupation class of the licence.\n(2) The notice must be given within 24 hours after the notification event.\n(3) A licensee commits an offence if the licensee—\n(a) knows about a notification event; and\n(b) fails to give the notice required under this section.\nMaximum penalty: 100 penalty units.\n","sortOrder":34},{"sectionNumber":"26C","sectionType":"section","heading":"Criminal liability of executive officers—s 26B","content":"26C Criminal liability of executive officers—s 26B\n(1) An executive officer of a corporation is taken to commit an offence\nif—\n(a) the corporation commits an offence against section 26B; and\n(b) the officer was reckless about whether the offence would be\ncommitted; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the offence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: 100 penalty units.\n\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with\nsection 26B;\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with section 26B;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section applies whether or not the corporation is prosecuted for,\nor convicted of, an offence against section 26B.\n(5) This section does not apply if the corporation has a defence to a\nprosecution for an offence against section 26B.\nmentioned in s (5) (see Criminal Code, s 58).\nexecutive officer, of a corporation, means a person, however\ndescribed and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\n\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Meaning of mandatory requirement for div 3.2","content":"27 Meaning of mandatory requirement for div 3.2\nmandatory requirement of the nominee means a written requirement\nby the nominee that the corporation or partnership do something, or\nnot do something, in compliance with, or to achieve compliance with,\nthis Act or an operational Act.\n","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Eligibility for licence—corporations and partnerships","content":"28 Eligibility for licence—corporations and partnerships\n(1) A corporation or partnership is eligible to be licensed only if it\ncomplies with subsection (2) or (3).\n(2) The corporation or partnership complies with this subsection if—\n(a) it has a single nominee appointed by it; and\n(b) the nominee is responsible for the supervision of the\n(c) the nominee can, at all times, adequately supervise the\n(d) the corporation or partnership has a written record of policies\nand procedures for effectively managing and supervising the\nnominee and the corporation’s or partnership’s obligations\nunder the licence, including arrangements for communicating\nregularly with the nominee in relation to the construction\nservices provided by the corporation or partnership.\n(3) The corporation or partnership complies with this subsection if—\n(a) it has 2 or more nominees appointed by it; and\n(b) each nominee is responsible for the supervision of particular\n\n(c) there is a written record of the construction services each\nnominee is responsible for supervising; and\n(d) between them, the nominees are responsible for the adequate\nsupervision of all the construction services to be provided by the\ncorporation or partnership; and\n(e) between them, the nominees can, at all times, adequately\nsupervise all the construction services to be provided by the\ncorporation or partnership; and\n(f) the corporation or partnership has a written record of policies\nand procedures for effectively managing and supervising each\nnominee and the corporation’s or partnership’s obligations\nunder the licence, including arrangements for communicating\nregularly with each nominee in relation to the construction\nservices provided by the corporation or partnership.\n(4) The failure of a corporation or partnership to have the policies and\nprocedures mentioned in subsection (2) (d) or (3) (f) is not a\nreasonable excuse to prevent the taking of any of the following\nactions in relation to the licensee or construction services carried out\nunder the licence:\n(a) the making of a rectification order;\n(b) the taking of occupational discipline;\n(c) the imposition of a condition on the licence under section 21\n(Licence conditions);\n(d) the recording of demerit points under section 91;\n(e) the taking of any other action under this Act or an operational\nAct.\n\n","sortOrder":37},{"sectionNumber":"28A","sectionType":"section","heading":"Nominees of corporations or partnerships","content":"28A Nominees of corporations or partnerships\n(1) A corporation or partnership may, in writing, appoint an individual to\nbe a nominee if the individual—\n(a) meets any eligibility requirements prescribed by regulation; and\n(b) is licensed in the construction occupation and occupation class\n(if any) appropriate for each of the construction services for\nwhich the individual is to be responsible; and\n(c) agrees in writing to the appointment.\n(2) If the nominee is to be responsible for the adequate supervision of\nonly some of the construction services to be provided by the\ncorporation or partnership, the appointment must state the services\nfor which the nominee is responsible.\n(3) A nominee of a corporation or partnership for a construction service,\nconstruction occupation or occupation class automatically stops being\na nominee for the service, occupation or class if the nominee stops\nbeing eligible to be appointed as a nominee for the service, occupation\nor class.\nSatnam is a class A builder and is the appointed nominee for a corporation that\nprovides construction services. The registrar applies to the ACAT for an\noccupational discipline order and the ACAT orders the cancellation of Satnam’s\nclass A builders licence. The cancellation of the licence means that Satnam is not\neligible to be a nominee and his appointment as a nominee automatically ends.\nThere is no need for Satnam to resign as nominee or for the corporation to revoke\nhis appointment.\n\n","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Resignation of nominee","content":"29 Resignation of nominee\n(1) A nominee of a corporation or partnership may resign the nominee’s\nappointment only with the registrar’s approval.\n(2) The registrar may approve the resignation of the nominee only if\nsatisfied that—\n(a) the corporation or partnership has refused to comply with a\nmandatory requirement of the nominee; or\n(b) the nominee cannot exercise the nominee’s functions because of\nmental or physical incapacity; or\n(c) the nominee, or entity that appointed the nominee, has arranged\nfor another nominee to take over the nominee’s functions; or\n(d) it is otherwise appropriate to approve the resignation.\n","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Revocation of nominee’s appointment","content":"30 Revocation of nominee’s appointment\n(1) A corporation or partnership may revoke a nominee’s appointment\nonly with the registrar’s approval.\n(2) The registrar may approve the revocation of the nominee’s\nappointment only if satisfied that—\n(a) the nominee cannot exercise the nominee’s functions because of\nmental or physical incapacity; or\n(b) the nominee, or entity that appointed the nominee, has arranged\nfor another nominee to take over the nominee’s functions; or\n(c) it is otherwise appropriate to approve the resignation.\n\n","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Role of nominees","content":"31 Role of nominees\n(1) A nominee of a licensed corporation or partnership has the following\nfunctions:\n(a) to supervise the construction services of the corporation or\npartnership for which the nominee is responsible (the relevant\nconstruction service);\n(b) to ensure that the relevant construction services comply with this\n(2) The nominee commits an offence if the nominee fails to—\n(a) adequately supervise the relevant construction services; or\n(b) ensure that the relevant construction services comply with this\n(3) Subsection (2) does not apply to a failure of a nominee of a\ncorporation or partnership (the nominee’s firm) if—\n(a) the nominee had given the nominee’s firm a mandatory\nrequirement in relation to the matter that made up the failure;\nand\n(b) the nominee had given the registrar a copy of the mandatory\nrequirement; and\n(c) the failure would not have happened if the mandatory\nrequirement had been complied with.\n(4) The licensed corporation or partnership commits an offence if the\nnominee fails to—\n(a) adequately supervise the relevant construction services; or\n(b) ensure that the relevant construction services comply with this\n\n(5) An offence against this section is a strict liability offence.\n","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Legislation Act and nominee appointments","content":"32 Legislation Act and nominee appointments\nThe Legislation Act, part 19.3 (Appointments) does not apply to the\nappointment of a nominee of a corporation or partnership.\n\n","sortOrder":42},{"sectionNumber":"Part 4","sectionType":"part","heading":"Rectification orders, enforceable","content":"Part 4 Rectification orders, enforceable\nundertakings and other\nobligations on licensees\n","sortOrder":43},{"sectionNumber":"33","sectionType":"section","heading":"Definitions—pt 4","content":"33 Definitions—pt 4\nauthorised action, for an authorised licensee, means what the\nlicensee is authorised to do under section 41 (Failure to comply with\norder) or section 42 (Action on emergency rectification order).\nauthorised licensee means a licensee authorised under section 41 or\nsection 42.\nentity—see section 34 (1) (a).\nrectification undertaking—see section 47B.\n","sortOrder":44},{"sectionNumber":"Div 4","sectionType":"division","heading":"2 Rectification orders and other","content":"Division 4.2 Rectification orders and other\nobligations on licensees\n","sortOrder":45},{"sectionNumber":"33A","sectionType":"section","heading":"Rectification orders—exercise of registrar’s powers","content":"33A Rectification orders—exercise of registrar’s powers\nTo remove any doubt, the registrar is not prevented from having a\nbelief on reasonable grounds, or being satisfied, about a matter\nmentioned in this part in relation to a construction service only\nbecause the registrar, the territory planning authority, a certifier or\nanother entity has—\n(a) given a certificate, or approval under—\n(i) this Act or an operational Act in relation to the construction\nservice; or\n\n(ii) the Planning Act 2023 in relation to the place where, or the\nterritory lease under which, the construction service was\nprovided; or\n(b) otherwise endorsed the construction service under this Act or an\n","sortOrder":46},{"sectionNumber":"34","sectionType":"section","heading":"Intention to make rectification order","content":"34 Intention to make rectification order\n(1) This section applies if the registrar believes on reasonable grounds\n(a) a licensee or former licensee (the entity) has provided a\nconstruction service otherwise than in accordance with this Act\nor an operational Act; and\n(b) it may be appropriate to make a rectification order.\nExamples of licensee or former licensee\n1 a licensed builder does building work\n2 a drainer who was licensed, does sanitary drainage work while unlicensed\n3 a licensed gasfitter does gasfitting work and then becomes unlicensed\n4 a licensed plumber, who is the nominee of a licensee that is a corporation, does\nor supervises plumbing work as the nominee of the licensee\nNote If deciding under this section whether it may be appropriate to make a\nrectification order, the registrar must consider the considerations\nmentioned in s 36.\n(2) The registrar may give the entity, and the land owner in relation to\nwhose land the construction service was provided, a written notice\n(a) gives details of the rectification order that may be made; and\n(b) explains why the registrar intends to make the order; and\n(c) invites submissions about the making of the order within the\ntime stated in the notice that is not less than 5 working days after\nthe day the entity or land owner receives the notice; and\n\n(d) states that—\n(i) the registrar will not make a rectification order if—\n(A) the registrar is not satisfied it is appropriate to make a\nrectification order in relation to the entity; or\n(B) if the registrar accepts a rectification undertaking\nfrom the entity—the entity complies with, and does\nnot withdraw, the undertaking; and\n(ii) if the registrar does not make a rectification order the\nTerritory may authorise someone else to do the things\nstated in this notice, and the entity will have to pay for the\nthings to be done.\n(3) A submission mentioned in subsection (2) (c) may include a\nrectification undertaking in relation to the construction service\nmentioned in the written notice.\n","sortOrder":47},{"sectionNumber":"35","sectionType":"section","heading":"When rectification order may be made","content":"35 When rectification order may be made\n(a) the registrar has given an entity notice under section 34; and\n(b) the entity provided the construction service, or part of the\nconstruction service, to which the notice relates; and\n(c) after considering any submissions made within the time\nmentioned in the notice, the registrar is satisfied—\n(i) the entity is contravening, or has contravened, this Act or\nan operational Act; and\n(ii) it is appropriate to make a rectification order in relation to\nthe entity; and\n\n(d) if the registrar has accepted a rectification undertaking from the\nentity in response to the notice—the entity has failed to comply\nwith, or has withdrawn, the undertaking.\nNote 1 If deciding under this section whether it is appropriate to make a\nrectification order, the registrar must consider the considerations\nmentioned in s 36.\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see\nLegislation Act, s 104).\n(2) The registrar may make an order under section 38 (Rectification\norders) in relation to the entity.\n(3) If the registrar makes an order under section 38 in relation to an entity,\nthe registrar may also make an order under section 38 in relation to—\n(a) if the entity is a corporation—a director of the entity; or\n(b) if the entity is a partnership—\n(i) a partner of the partnership; or\n(ii) a director of a corporation that is a partner of the\npartnership.\n(4) If the entity has failed to comply with, or has withdrawn, the\nrectification undertaking, the registrar may make an order under\nsection 38 in relation to the entity without giving the entity another\nnotice under section 34.\n(5) However, the registrar may only make an order under section 38 in\nrelation to the entity before the latest of the following:\n(a) if the registrar first became aware of the act that caused the\ncontravention within 6 months before the end of the 10-year\nperiod—1 year after the registrar became aware of the act; or\n(b) if the registrar gave the entity a notice under section 34 before\nthe end of the 10-year period—1 year after the entity was given\nthe notice; or\n\n(c) in any other case—the day the 10-year period ends.\n10-year period means the period starting on the later of the following\ndays:\n(a) the day the act that caused the contravention happened or ended;\n(b) the day any certificate was issued by the registrar under any of\nthe following provisions of the Building Act 2004 in relation to\nthe building the subject of the construction service:\n(i) section 69 (Certificates of occupancy);\n(ii) section 71 (2) (Certificate for building work involving\ndemolition);\n(iii) section 72 (2) (Certificate for building work involving\nerection of structure);\n(iv) section 73 (Certificates of occupancy and use for\nowner-builders).\n","sortOrder":48},{"sectionNumber":"36","sectionType":"section","heading":"Considerations for deciding when rectification order","content":"36 Considerations for deciding when rectification order\nappropriate\n(1) In deciding whether it is, or may be, appropriate to make a\nrectification order in relation to an entity that is contravening, or has\nor may have contravened, this Act, the registrar must consider the\nfollowing:\n(a) any injury, loss or damage caused, or that could have been\ncaused, by the contravention;\n\n(b) if a rectification order is proposed—how the proposed order\nmay affect people affected by the contravention.\nExamples of effect of contravention, including injury, loss and damage\n1 reduction in safety, reliability, durability, soundness, functionality, accessibility,\nserviceability, service life, usability, usefulness, amenity, aesthetic quality, value\nor efficiency of thing affected by contravention\n2 adverse affect on health of user of thing affected by contravention\n(2) The registrar may consider anything else that is relevant.\n(3) However, the registrar need not consider whether the registrar,\nterritory planning authority, a certifier or other entity has—\n(a) given a certificate, or approval under—\n(i) this Act or an operational Act in relation to the construction\nservice; or\n(ii) the Planning Act 2023 in relation to the place where, or the\nterritory lease under which, the construction service was\nprovided; or\n(b) otherwise endorsed the construction service under this Act or an\n","sortOrder":49},{"sectionNumber":"37","sectionType":"section","heading":"Rectification order inappropriate","content":"37 Rectification order inappropriate\n(1) This section applies if the registrar—\n(a) has given an entity (other than the land owner) notice under\nsection 34 (Intention to make rectification order); and\n(b) after considering any submissions made within the time\nmentioned in the notice, is satisfied that the entity is\ncontravening or has contravened this Act or an operational Act;\nand\n\n(c) is not satisfied that it is appropriate to make a rectification order\nin relation to the entity, because—\n(i) the registrar is satisfied on reasonable grounds that the\nentity is not able to do a thing in the way that would be\nrequired by the order; or\n(ii) of the relationship between the entity and the land owner;\nand\n(d) is satisfied that the act that caused the contravention happened,\nor ended, less than 10 years before the day the Territory\nproposes to authorise someone under this section.\nwhere the work to which the notice under section 34 related was to\nbe done and—\n(a) take the action stated in the notice; or\n(b) start or finish the work stated in the notice.\n(3) The authorised licensee must—\n(a) give the owner of the land written notice that the licensee intends\nto enter the land at least 24 hours before the licensee enters the\nland; and\n(b) give a copy of the notice to the entity before entering the land.\n(4) However, the Territory must not authorise someone until—\n(a) if the entity applied for review of the decision to authorise a\nlicensee under this section within the period for review (the\nreview period) of the decision allowed under the ACT Civil and\nAdministrative Tribunal Act 2008—the review is finally\ndisposed of; or\n(b) the review period has ended.\n\n(5) The entity is liable for the reasonable cost incurred in doing anything\nunder subsection (2) and the cost is taken to be a debt owing to the\nTerritory.\n","sortOrder":50},{"sectionNumber":"38","sectionType":"section","heading":"Rectification orders","content":"38 Rectification orders\n(1) The registrar may make an order (a rectification order) in relation to\nan entity requiring the entity—\n(a) to take stated action to rectify work done as part of a\nconstruction service; or\n(b) to demolish a building or part of a building where a construction\nservice has been provided and provide the construction service\nunder this Act or an operational Act; or\n(c) to start or finish stated work in relation to which a construction\nservice has been, is being or was proposed to be provided.\nExample—stated action\nrectified work must comply with a stated performance requirement of the Building\nCode of Australia\n(2) The rectification order may also require the entity to give the registrar\nwritten information about a thing required to be done under the order.\n1 a structural engineer’s report about whether rectified work complies with\nrelevant structural standards\n2 certification from a building certifier that finished work complies with this Act\n(3) However, a rectification order need not state how a thing required to\nbe done under the order is to be done.\nA rectification order requires an entity to rectify a building so that it complies with\na stated performance requirement of the building code. The rectification order need\nnot include details of how the work is to be undertaken or how the building may\nneed to be redesigned or altered to comply with the requirement.\n\n(4) Subsection (5) applies if—\n(a) the order requires the entity to do a thing; and\n(b) the entity—\n(5) The entity must arrange, and pay for, the thing to be done by someone\nwho—\n1 A rectification order requires Freddie to take stated action to rectify work he\nhas done. The action includes having to provide written information about\nwhether the rectified work complies with relevant structural standards.\nFreddie is not a structural engineer so he must arrange, and pay for, a structural\nengineer to prepare a report about the rectified work.\n","sortOrder":51},{"sectionNumber":"2","sectionType":"section","heading":"A rectification order requires Jo to finish building a dwelling. Jo is no longer","content":"2 A rectification order requires Jo to finish building a dwelling. Jo is no longer\na licensed builder, and she is not able to get a new licence. Jo must arrange,\nand pay for, a licensed builder to finish building the dwelling.\n3 Alex is a licensed plumber who did non-compliant work on a building that\ncaused extensive water leakage. A rectification order requires him to fix the\ndamage caused by the leakage, including replacing render on the building’s\nexterior, replacing wall linings and insulation in the wall cavity, and repainting\nwalls and replacing carpet in the interior. None of this work requires a licence\nor other authorisation under ACT law. Alex is able to paint the interior walls\nto an acceptable standard, but he has never done any of the other kind of work.\nHe must arrange, and pay for, people with appropriate experience and skill to\ndo the rest of the work.\n(6) The rectification order must state a period within which what is\nrequired to be done must be done.\n\n(7) The stated period for a rectification order other than an emergency\nrectification order must not be less than 1 month after the day the\nrectification order is given to the entity.\nNote Details of the rectification order must be included in the register (see\ns 108).\n(8) A copy of the rectification order must be given to the land owner.\n","sortOrder":52},{"sectionNumber":"39","sectionType":"section","heading":"Emergency rectification order","content":"39 Emergency rectification order\n(1) The registrar may make a rectification order (an emergency\nrectification order) under section 38 in relation to a licensee or\nformer licensee (the entity), without giving the entity notice under\nsection 34, if the registrar is satisfied that—\n(a) the entity has provided a construction service other than in\naccordance with this Act or an operational Act; and\n(b) it is appropriate to make a rectification order; and\n(c) it is not appropriate to give notice under section 34 of the\nregistrar’s intention to make a rectification order because the\nneed to act promptly to protect the health or safety of people,\npublic or private property or the environment, outweighs the\nimportance of giving the notice before making an order.\n(2) A rectification order that is an emergency rectification order must\nalso include the following:\n(a) a statement explaining that the order is an emergency\nrectification order;\n(b) a statement explaining that, if the thing ordered to be done is not\ndone within the period (the completion period) stated in the\norder—\n(i) the Territory may authorise a licensee to enter the land\nwhere the thing is to be done to do the thing ordered; and\n\n(ii) neither the Territory nor the authorised licensee need give\nthe land owner or entity against whom the order is made\nfurther notice of the authorised licensee doing the thing on\nthe land; and\n(iii) the entity against which the order has been made will be\nliable for the reasonable cost incurred in doing the thing\nordered.\n(3) The completion period must not be less than 24 hours.\n","sortOrder":53},{"sectionNumber":"39A","sectionType":"section","heading":"Rectification order—licensee or former licensee wound","content":"39A Rectification order—licensee or former licensee wound\nup etc before order made\n(a) the registrar believes on reasonable grounds that—\n(i) a licensee or former licensee (the entity) has provided a\nconstruction service otherwise than in accordance with this\nAct or an operational Act; and\n(ii) it may be appropriate to make a rectification order; and\n(b) the entity is a corporation; and\n(c) before the registrar makes the order—\n(i) the entity becomes the subject of a winding-up order; or\n(ii) the entity is placed into administration, receivership or\nliquidation; or\n(iii) the entity is deregistered.\n\n(2) The registrar may give each person who was a director of the entity\nat or after the time the construction service was provided—\n(a) if the registrar gave the entity notice under section 34 (Intention\nto make rectification order) before the entity was wound up,\nplaced into administration, receivership or liquidation or\nderegistered—a copy of the notice and a statement to the effect\nthat the person is invited to make submissions about the making\nof the order within 28 days after the day the person receives the\nnotice; or\n(b) a written notice in accordance with section 34 (2) (a), (b), (d)\nand (e) and a statement to the effect that the person is invited to\nmake submissions about the making of the order within 28 days\nafter the day the person receives the notice.\n(3) The registrar may make a rectification order in relation to a person\nwho was a director of the entity at or after the time the construction\nservice was provided if, after considering any submissions made\nwithin the 28 days, the registrar is satisfied—\n(a) the entity contravened this Act or an operational Act; and\n(b) it is appropriate to make a rectification order in relation to the\nperson.\n(4) The rectification order may also require the person to give the\nregistrar written information about a thing required to be done under\nthe order.\n(5) Subsection (6) applies if—\n(a) the order requires the person to do a thing; and\n(b) the person—\n\n(6) The person must arrange, and pay for, the thing to be done by\nsomeone who—\n","sortOrder":54},{"sectionNumber":"39B","sectionType":"section","heading":"Rectification order—licensee or former licensee wound","content":"39B Rectification order—licensee or former licensee wound\nup etc after order made\n(a) the registrar makes a rectification order in relation to a licensee\nor former licensee (the entity); and\n(b) the entity is a corporation; and\n(c) after the registrar makes the order—\n(i) the entity becomes the subject of a winding-up order; or\n(ii) the entity is placed into administration, receivership or\nliquidation; or\n(iii) the entity is deregistered.\n(2) The order is taken to have been made in relation to each person who\nwas a director of the entity at or after the time the construction service\nwas provided.\n(3) Subsection (4) applies if—\n(a) a rectification order or emergency rectification order requires an\nentity to do a thing; and\n(b) a person who was a director of the entity at or after the time the\nconstruction service was provided—\n\n(4) The person must arrange and pay for the thing to be done by someone\nwho—\n","sortOrder":55},{"sectionNumber":"40","sectionType":"section","heading":"Rectification order offence","content":"40 Rectification order offence\n(1) A person commits an offence if the person intentionally fails to\ncomply with a rectification order given to the person.\nMaximum penalty: 2000 penalty units.\n(2) Each partner commits an offence if—\n(a) the partnership is given a rectification order; and\n(b) the partners, or some of them, intentionally fail to comply with\nthe rectification order.\nMaximum penalty: 2000 penalty units.\nif the partner proves—\n(a) that—\n(i) the partner did not know about the failure to comply; and\n(ii) reasonable precautions were taken and appropriate\ndiligence was exercised to avoid the contravention; or\n(b) that the partner was not in a position to influence the other\npartners in relation to the failure to comply.\n\n","sortOrder":56},{"sectionNumber":"41","sectionType":"section","heading":"Failure to comply with order","content":"41 Failure to comply with order\n(1) This section applies if an entity (the ordered entity) in relation to\nwhom a rectification order is made contravenes the rectification\norder.\nwhere the work to which the rectification order relates is to be done\nand—\n(a) take the action stated in the rectification order; or\n(b) start or finish the work stated in the rectification order.\n(3) The authorised licensee must—\n(a) give the owner of the land written notice that the licensee intends\nto enter the land at least 24 hours before the licensee enters the\nland; and\n(b) give a copy of the notice to the ordered entity before entering\nthe land.\n(4) However, the Territory must not authorise someone until—\n(a) if the ordered entity applied for review of the decision within the\nperiod for review (the review period) of the decision to make the\nrectification order allowed under the ACT Civil and\nAdministrative Tribunal Act 2008—the review is finally\ndisposed of; or\n(b) the review period has ended.\n(5) The ordered entity is liable for the reasonable cost incurred in doing\nanything under subsection (2) and the cost is taken to be a debt owing\nto the Territory.\n","sortOrder":57},{"sectionNumber":"42","sectionType":"section","heading":"Action on emergency rectification order","content":"42 Action on emergency rectification order\n(a) the registrar has made an emergency rectification order; and\n\n(b) the emergency rectification order includes the information\nmentioned in section 39 (2); and\n(c) the ordered entity has contravened the order.\nwhere the work to which the rectification order is to be done and—\n(a) take the action stated in the rectification order; or\n(b) start or finish the work stated in the rectification order.\n(3) The ordered entity is liable for the reasonable cost incurred in doing\nanything under subsection (2) and the cost is taken to be a debt owing\nto the Territory.\n","sortOrder":58},{"sectionNumber":"43","sectionType":"section","heading":"Hindering or obstructing authorised licensee","content":"43 Hindering or obstructing authorised licensee\n(1) An entity commits an offence if—\n(a) the entity knows someone is an authorised licensee; and\n(b) the entity hinders or obstructs the authorised licensee in the\nexercise of an authorised action.\n(2) Strict liability applies to subsection (1) (b).\n","sortOrder":59},{"sectionNumber":"44","sectionType":"section","heading":"Damage etc by authorised licensee to be minimised","content":"44 Damage etc by authorised licensee to be minimised\n(1) In the exercise of an authorised action, an authorised licensee must\ntake reasonable steps to ensure that the licensee, and anyone helping\nthe licensee, causes as little inconvenience, detriment and damage as\nis practicable.\n(2) If an authorised licensee, or a person assisting an authorised licensee,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the authorised licensee must give written notice of the\nparticulars of the damage to the person the authorised licensee\nbelieves on reasonable grounds is the owner of the thing.\n\n(3) If the damage occurs on premises entered under this part in the\nabsence of the occupier, the notice may be given by securing it in a\nconspicuous place on the premises.\n","sortOrder":60},{"sectionNumber":"45","sectionType":"section","heading":"Compensation","content":"45 Compensation\n(1) A person may claim reasonable compensation from the Territory if\nthe person suffers loss or expense because of the exercise, or\npurported exercise, of a function under this part by an authorised\nlicensee or person assisting an authorised licensee.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) The regulations may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n","sortOrder":61},{"sectionNumber":"46","sectionType":"section","heading":"Protection of authorised licensees from liability","content":"46 Protection of authorised licensees from liability\n(1) An authorised licensee does not incur civil liability for an authorised\naction done honestly for this Act.\n(2) A civil liability that would, apart from this section, attach to the\nauthorised licensee attaches instead to the Territory.\n(3) This section does not prevent an application for occupational\ndiscipline being made in relation to an authorised licensee in relation\nto an authorised action done by the licensee.\n\n","sortOrder":62},{"sectionNumber":"47","sectionType":"section","heading":"Licensee to give evidence of insurance","content":"47 Licensee to give evidence of insurance\n(1) Before providing a construction service to a person (the client), a\nlicensee must give the client evidence of what insurance the licensee\nholds in relation to the service the licensee is to provide.\n(2) The licensee may ask the client to sign an acknowledgment that the\nclient has been told about the licensee’s insurance.\n(3) The acknowledgment must state the time and date it was given.\n(4) If the client signs the acknowledgment, the licensee must\nimmediately give the client a copy of it.\n(5) The registrar may assume that the client was not told about the\ninsurance the licensee holds if—\n(a) a question arises whether the client was told about the licensee’s\ninsurance; and\n(b) an acknowledgment under this section is not produced; and\n(c) it is not proved that the licensee told the client about the\ninsurance.\n(6) The licensee is taken to have given evidence of what insurance the\nlicensee holds before providing a construction service to a person if\nthe licensee advertised the insurance held at the time of providing the\nservices in a way likely to come to the attention of the client.\nExample of advertising insurance held\n1 Including details of insurance in the telephone directory, if the details are\ncorrect at the time the service is provided.\n2 Having details of insurance on the vehicle used to provide the service or\ntransport to the location to provide the service, if the details are correct at the\ntime the service is provided.\nevidence of insurance includes a fidelity certificate.\nfidelity certificate—see the Building Act 2004, section 84.\n\n","sortOrder":63},{"sectionNumber":"47A","sectionType":"section","heading":"Licensee must comply with determinations about training","content":"47A Licensee must comply with determinations about training\n(1) This section applies if the registrar makes a determination under\nsection 104B (Determinations about training) that applies to a\n(2) The licensee must comply with the determination.\nNote Failure to comply with a determination is a ground for occupational\ndiscipline (see s 55 (1) (a)) and may result in a refusal to renew a licence\n(see s 25 (3)).\n","sortOrder":64},{"sectionNumber":"47B","sectionType":"section","heading":"Registrar may accept undertakings","content":"47B Registrar may accept undertakings\n(1) The registrar may accept a written undertaking (a rectification\nundertaking) given by an entity relating to the entity’s contravention\nor alleged contravention of this Act or an operational Act in providing\na construction service.\n(2) A rectification undertaking must include the following:\n(a) a statement that, on acceptance of the undertaking by the\nregistrar, the entity—\n(i) understands that the undertaking is an enforceable\nundertaking under this Act; and\n(ii) agrees to be bound by the undertaking;\n(b) a statement that the entity recognises the registrar’s concerns in\nrelation to the entity’s contravention or alleged contravention of\nthis Act or an operational Act;\n(c) a statement that the entity understands that details of the\nundertaking may be included in the public register if the registrar\nbelieves on reasonable grounds that it is necessary or desirable\nto protect the public;\n\n(d) one or more undertakings relating to the contravention or\nalleged contravention that will result in the rectification of the\nwork done in the course of providing the construction service;\n(e) anything else prescribed by regulation.\nExamples—undertakings\n1 to take particular action to rectify, or arrange or pay for the rectification of,\nwork needed as a direct or indirect result of the contravention of this Act or an\noperational Act\n2 to take particular action to compensate people adversely affected by a\ncontravention of this Act or an operational Act\n(3) A rectification undertaking may provide for any matters agreed\nbetween the registrar and the entity.\n(4) The registrar or a person may suggest draft undertakings before a\nrectification undertaking is given by an entity under subsection (1).\n","sortOrder":65},{"sectionNumber":"47C","sectionType":"section","heading":"Notice of decision and reasons for decision","content":"47C Notice of decision and reasons for decision\n(1) The registrar must give an entity that proposes to give a rectification\nundertaking written notice of the registrar’s decision to accept or\nreject the rectification undertaking and of the reasons for the decision.\n(2) A written notice to accept the rectification undertaking must include\ninformation about the following:\n(a) the effect of accepting the undertaking;\n(b) the consequences of contravening the undertaking;\n(c) withdrawing or varying the undertaking;\n(d) anything else prescribed by regulation.\n\n","sortOrder":66},{"sectionNumber":"47D","sectionType":"section","heading":"When rectification undertaking becomes enforceable","content":"47D When rectification undertaking becomes enforceable\nA rectification undertaking takes effect and becomes enforceable—\n(a) when the registrar’s decision to accept the undertaking is given\nto the entity that gave the undertaking; or\n(b) at any later date stated by the registrar.\n","sortOrder":67},{"sectionNumber":"47E","sectionType":"section","heading":"Withdrawal or variation of rectification undertaking","content":"47E Withdrawal or variation of rectification undertaking\n(1) An entity that has given a rectification undertaking may at any time,\nwith the written agreement of the registrar—\n(a) withdraw the undertaking; or\n(b) vary the undertaking.\n(2) However, the provisions of the undertaking cannot be varied to\nprovide for a different contravention or alleged contravention of this\nAct or an operational Act.\n","sortOrder":68},{"sectionNumber":"47F","sectionType":"section","heading":"Ending rectification undertaking","content":"47F Ending rectification undertaking\n(1) The registrar may end a rectification undertaking by written notice to\nthe entity that gave the undertaking, if satisfied on reasonable grounds\nthat the undertaking is no longer necessary or desirable to ensure that\nthe person complies with this Act or an operational Act.\n(2) The registrar may act under subsection (1) on the registrar’s own\ninitiative or on the application of the entity that gave the undertaking.\n(3) The undertaking ends when the entity that gave the undertaking\nreceives the registrar’s notice.\n","sortOrder":69},{"sectionNumber":"47G","sectionType":"section","heading":"Undertaking not admission of fault etc","content":"47G Undertaking not admission of fault etc\n(1) This section applies if an entity gives the registrar a rectification\nundertaking in relation to a contravention or alleged contravention of\nthis Act or an operational Act, whether or not the undertaking is\naccepted by the registrar.\n\n(2) Giving the undertaking is not—\n(a) an express or implied admission of fault or liability by the entity\nin relation to the contravention or alleged contravention; or\n(b) relevant to deciding fault or liability in relation to the\ncontravention or alleged contravention.\n(3) A rectification undertaking is not admissible in evidence in a court or\ntribunal in any proceeding in relation to the contravention or alleged\n","sortOrder":70},{"sectionNumber":"47H","sectionType":"section","heading":"Contravention of rectification undertaking","content":"47H Contravention of rectification undertaking\n(1) This section applies if the registrar—\n(a) believes on reasonable grounds that an entity has contravened a\nrectification undertaking; and\n(b) has not—\n(i) authorised someone to take action under section 37 (3) in\nrelation to the work stated in the rectification undertaking;\nor\n(ii) made a rectification order in relation to the entity that gave\nthe rectification undertaking requiring the entity to take the\naction stated in the undertaking.\n(2) The registrar may apply to the Magistrates Court for an order under\nsubsection (3).\n(3) If the Magistrates Court is satisfied that the rectification undertaking\nhas been contravened, the court may make 1 or more of the following\norders:\n(a) an order requiring the entity that gave the undertaking to ensure\nthat the undertaking is not contravened;\n\n(b) an order requiring the entity that gave the undertaking to pay to\nthe Territory the amount assessed by the court as the value of\nthe benefits anyone derived, directly or indirectly, from the\ncontravention of the undertaking;\n(c) an order that the court considers appropriate requiring the entity\nthat gave the undertaking to compensate someone who has\nsuffered loss or damage because of the contravention of the\nundertaking;\n(d) an order discharging the undertaking.\n(4) In addition to the orders mentioned in subsection (3), the court may\nmake any other order the court considers appropriate in the\ncircumstances, including orders directing the entity that gave the\nundertaking to pay to the Territory—\n(a) the costs of the proceeding; and\n(b) the reasonable costs of the registrar in monitoring compliance\nwith the undertaking in the future.\n","sortOrder":71},{"sectionNumber":"47I","sectionType":"section","heading":"Proceeding for contravention or alleged contravention","content":"47I Proceeding for contravention or alleged contravention\n(1) No proceeding may be brought, and no disciplinary action may be\ntaken, against a person for a contravention, or alleged contravention,\nof this Act or an operational Act if a rectification undertaking is in\neffect in relation to that contravention.\n(2) No proceeding may be brought, and no action in relation to a ground\nfor occupational discipline may be taken, for a contravention or\nalleged contravention of this Act or an operational Act against an\nentity that has given a rectification undertaking in relation to the\ncontravention and who has completely discharged the undertaking.\n(3) The registrar may accept a rectification undertaking in relation to a\ncontravention or alleged contravention before a proceeding or action\nin relation to a ground for occupational discipline in relation to the\ncontravention has been finalised.\n\n(4) If the registrar accepts a rectification undertaking before the\nproceeding or action in relation to a ground for occupational\ndiscipline is finalised, the registrar must take all reasonable steps to\nhave the proceeding or action discontinued.\n","sortOrder":72},{"sectionNumber":"47J","sectionType":"section","heading":"Rectification undertaking offence","content":"47J Rectification undertaking offence\n(a) the person gives a rectification undertaking; and\n(b) the Magistrates Court makes an order under section 47H (3) in\nrelation to the undertaking; and\n(c) the person fails to comply with the order.\nMaximum penalty: 2 000 penalty units.\n(2) Each partner of a partnership commits an offence if—\n(a) the partnership gives a rectification undertaking; and\n(b) the Magistrates Court makes an order under section 47I (3) in\nrelation to the undertaking; and\n(c) the partners, or some of them, fail to comply with the order.\nMaximum penalty: 2 000 penalty units.\nif the partner proves—\n(a) that—\n(i) the partner did not know about the failure to comply; and\n(ii) reasonable precautions were taken, and appropriate\ndiligence was exercised, to avoid the contravention; or\n(b) that the partner was not in a position to influence the other\npartners in relation to the failure to comply.\n\n","sortOrder":73},{"sectionNumber":"Part 5","sectionType":"part","heading":"Automatic licence suspension","content":"Part 5 Automatic licence suspension\nand occupational discipline\n","sortOrder":74},{"sectionNumber":"48","sectionType":"section","heading":"Automatic suspension of individual licence","content":"48 Automatic suspension of individual licence\n(1) This section applies to an individual who is licensed.\n(2) The individual’s licence is automatically suspended if the\nindividual—\n(a) provides, or proposes to provide, a construction service for a fee;\nand\n(b) becomes bankrupt or personally insolvent.\n(3) However, if the individual is a nominee or employee of a licensed\nentity the licence is not suspended.\nNote The regulations impose a condition on the individual’s licence.\n","sortOrder":75},{"sectionNumber":"49","sectionType":"section","heading":"Automatic suspension of corporate licence","content":"49 Automatic suspension of corporate licence\n(1) This section applies to a corporation that is licensed.\n(2) The corporation’s licence is automatically suspended if the\ncorporation—\n(a) becomes the subject of a winding-up order; or\n(b) is placed into administration, receivership or liquidation; or\n(c) is found guilty, whether in the ACT or anywhere else, of an\noffence that—\n(ii) is punishable by imprisonment for at least 1 year.\n\nAutomatic licence suspension Division 5.1\n","sortOrder":76},{"sectionNumber":"50","sectionType":"section","heading":"Automatic suspension of partnership licence","content":"50 Automatic suspension of partnership licence\n(1) This section applies to a partnership that is licensed in a construction\noccupation or occupation class.\n(2) The partnership’s licence in the construction occupation or\noccupation class is automatically suspended if—\n(a) a partner’s licence in the same occupation or class is suspended\nor cancelled; or\n(b) a partner who is not a licensee is found guilty, whether in the\nACT or anywhere else, of an offence that—\n(ii) is punishable by imprisonment for at least 1 year.\n","sortOrder":77},{"sectionNumber":"50A","sectionType":"section","heading":"Automatic suspension of licence—no nominee","content":"50A Automatic suspension of licence—no nominee\n(1) This section applies to a corporation or partnership that is licensed in\na construction occupation or occupation class.\n(2) The corporation’s or partnership’s licence in the construction\noccupation or occupation class is automatically suspended if—\n(a) a nominee is not appointed for the construction occupation or\noccupation class; or\n(b) if there is only 1 nominee for the construction occupation or\noccupation class—the nominee stops being the nominee for the\nconstruction occupation or occupation class.\nNote A nominee may stop being a nominee automatically (see s 28A), on\nresignation with the registrar’s approval (see s 29) or on revocation with\nthe registrar’s approval (see s 30).\n\n","sortOrder":78},{"sectionNumber":"51","sectionType":"section","heading":"Automatic suspension of licence—construction","content":"51 Automatic suspension of licence—construction\noccupations\n(a) an entity that is licensed in a construction occupation stops being\neligible to provide a construction service for the construction\noccupation because the entity is not insured in accordance with\nthe regulation; and\n(b) the construction occupation is not divided into classes.\nNote A regulation may divide a construction occupation into classes (see s 15).\n(2) The entity’s licence is automatically suspended when the insurance\ncover stops.\n","sortOrder":79},{"sectionNumber":"52","sectionType":"section","heading":"Automatic suspension of licence—occupation classes","content":"52 Automatic suspension of licence—occupation classes\n(1) This section applies if an entity that is licensed in an occupation class\nstops being eligible to provide a construction service for the\noccupation class because the entity is not insured in accordance with\nthe regulation.\nNote A regulation may divide a construction occupation into classes (see s 15).\n(2) The entity’s licence is automatically suspended in relation to the class\nwhen the insurance cover stops.\n","sortOrder":80},{"sectionNumber":"52A","sectionType":"section","heading":"Suspension of licence—public safety","content":"52A Suspension of licence—public safety\n(1) This section applies if a licensed construction practitioner engages in\nconduct that the registrar decides, on reasonable grounds, presents or\nis likely to present a risk of death or injury to a person, significant\nharm to the environment or significant damage to property.\nA licensed builder has built 7 of 11 proposed dual-occupancy residences. An\ninspection of 1 of the residences reveals that no fire wall has been built between the\n2 occupancies, inconsistent with the building approval. The registrar decides to\nsuspend the builder’s licence to inspect the other built residences and prevent other\nresidences being built without a fire wall.\n\nAutomatic licence suspension Division 5.1\n(2) The licensed construction practitioner’s licence is suspended when\nthe registrar gives the practitioner notice—\n(a) of the nature of the conduct; and\n(b) of the nature of the risk; and\n(c) that the practitioner may apply in writing to the registrar to\nrevoke the suspension.\n(3) However, during the suspension the registrar may allow the licensed\nconstruction practitioner to undertake construction work, within the\nscope of the licensee’s licence, necessary to comply with a\nrectification order.\n(4) The registrar may give the notice orally, in writing or in electronic\nform.\n(5) However, if the registrar gives the notice orally, the registrar must\ngive the notice in writing or in electronic form within 2 days after\ngiving the notice orally.\n","sortOrder":81},{"sectionNumber":"53","sectionType":"section","heading":"End of licence suspension","content":"53 End of licence suspension\n(1) This section applies if the licence of a construction practitioner has\nbeen suspended under 1 or more of the following sections:\n• section 48 (Automatic suspension of individual licence);\n• section 49 (Automatic suspension of corporate licence);\n• section 50 (Automatic suspension of partnership licence);\n• section 50A (Automatic suspension of licence—no nominee);\n• section 51 (Automatic suspension licence—construction\noccupations);\n• section 52 (Automatic suspension of licence—occupation\nclasses);\n• section 52A (Suspension of licence—public safety).\n(2) The registrar must revoke the suspension if satisfied that the cause of\nthe suspension no longer exists.\n\n(3) The registrar may revoke the suspension if satisfied that the\ncircumstance that caused the suspension will not put consumers of the\nconstruction practitioner’s construction services at a greater risk from\nusing the services than if the thing had not happened.\n(4) A revocation must be in writing given to the licensee.\n(5) A suspension, other than a suspension under section 52A (Suspension\nof licence—public safety), ends if the registrar is given notice of the\nsuspension, on the earlier of—\n(a) the day the suspension is revoked under this section; or\n(b) 3 months after the day the registrar is given notice of the\nsuspension.\n(6) If the registrar is not given notice of a suspension, other than a\nsuspension under section 52A, the suspension continues as long as\nthe cause of the suspension continues.\nNote The suspension on a licence may be held over to a new licence if the\nsuspended licence expires without being renewed (see s 63).\n(7) A suspension under section 52A (Suspension of licence—public\nsafety) ends on the earlier of—\n(a) the day the suspension is revoked under this section; or\n(b) 3 months after the day it begins.\n","sortOrder":82},{"sectionNumber":"53A","sectionType":"section","heading":"Cancellation of licence following automatic suspension","content":"53A Cancellation of licence following automatic suspension\n(1) This section applies if a licensee’s licence has been automatically\nsuspended under this division.\n(2) If the registrar is satisfied on reasonable grounds that the cause of the\nsuspension still exists at the end of 3 months after the date the\nregistrar became aware of the cause of suspension, the registrar may\ncancel the licensee’s licence.\n\n","sortOrder":83},{"sectionNumber":"54","sectionType":"section","heading":"Meaning of licensee—div 5.2","content":"54 Meaning of licensee—div 5.2\nlicensee means a licensee or a former licensee.\n","sortOrder":84},{"sectionNumber":"55","sectionType":"section","heading":"Grounds for occupational discipline","content":"55 Grounds for occupational discipline\n(1) Each of the following is a ground for occupational discipline in\nrelation to a licensee:\n(a) the licensee, or a director, partner, nominee or employee of the\nlicensee, contravened, or is contravening, this Act or an\noperational Act (including a direction given to the licensee\nunder an operational Act);\n1 contravening a rectification order\n2 failing to complete a skill assessment required by the registrar under\ns 55A\n(b) the licensee, knowingly or recklessly, gave someone\ninformation in relation to a construction service provided, or to\nbe provided, by the licensee that was false or misleading in a\nmaterial particular;\n(c) the licensee or a director, partner or nominee of the licensee, has\nbeen found guilty, whether in the Territory or anywhere else, of\nan offence that—\n(ii) is punishable by imprisonment for at least 1 year;\n(d) if the licensee is an individual—the licensee executes a personal\ninsolvency agreement;\n(e) if the licensee is a corporation—\n(i) the licensee enters into a scheme of arrangement; or\n\n(ii) a receiver, manager, receiver and manager or administrator\nis appointed over the licensee or any of its assets;\n(f) if the licensee is a corporation or partnership—the licensee has,\nor had, no nominee;\n(g) the licensee’s licence has been automatically suspended under\ndivision 5.1 (Automatic licence suspension) and the cause of the\nsuspension still exists;\n(h) the licensee ceases to be eligible to hold a licence.\n(2) In subsection (1) (a), a reference to a contravention of this Act or an\noperational Act includes a reference to the following:\n(a) a contravention of the Criminal Code, part 2.4 (Extensions of\ncriminal responsibility) in relation to an offence against this Act\nor an operational Act or otherwise in relation to this Act or an\noperational Act;\n(b) a contravention of the Criminal Code in relation to a document\ngiven, or required to be given, under this Act or an operational\nAct;\n(c) a contravention of the Criminal Code in relation to anything\ndone, or not done, under this Act or an operational Act.\n(3) A ground for occupational discipline applies to a former licensee if\nthe ground applied to the former licensee while licensed.\n(4) A regulation may prescribe a short description of a ground for\noccupational discipline under subsection (1) (a).\n","sortOrder":85},{"sectionNumber":"55A","sectionType":"section","heading":"Skill assessment of licensees","content":"55A Skill assessment of licensees\n(1) This section applies—\n(a) if the registrar believes on reasonable grounds that—\n(i) a ground for occupational discipline mentioned in\nsection 55 (1) (a) exists in relation to a licensee; and\n\n(ii) requiring the licensee to be assessed as mentioned in\nsubsection (2) would assist the registrar to exercise the\nregistrar’s functions under section 56 (Occupational\ndiscipline); or\n(b) if—\n(i) a licensee’s licence is suspended under section 52A\n(Suspension of licence—public safety); and\n(ii) the registrar believes on reasonable grounds that requiring\nthe licensee to be assessed as mentioned in subsection (2)\nwould assist the registrar to exercise the registrar’s\nfunctions under section 52A (3) or section 53 (End of\nlicence suspension).\n(2) The registrar may, by written notice, require the licensee to be\nassessed to find out whether the licensee has a skill that is reasonably\nnecessary to satisfactorily exercise the functions of a construction\noccupation or class of construction occupation under the licensee’s\n(3) An assessment may consist of 1 or more of the following:\n(a) an assessment by a person who the registrar is satisfied on\nreasonable grounds is competent to make the assessment;\n(b) an examination, which may have practical, written and oral\naspects, by a registered training organisation that the registrar is\nsatisfied on reasonable grounds is competent to set and assess\nthe examination;\n(c) an examination of a record of the licensee’s experience provided\nby the licensee;\n(d) the undertaking of a test, or a series of tests, approved by the\nregistrar.\n(4) The licensee must pay to the Territory the reasonable costs incurred\nby the Territory in arranging or carrying out an assessment.\n\n(5) A regulation may prescribe the following:\n(a) what a notice mentioned in subsection (2) must or may contain;\n(b) any document or thing that must accompany a notice;\n(c) anything else in relation to a notice.\nNote The registrar may withdraw a notice given to a licensee (see Legislation\nAct, s 180). The withdrawal does not affect the registrar’s belief about\nwhether a ground for occupational discipline under s 55 (1) (a) exists in\nrelation to the licensee.\nregistered training organisation—see the National Vocational\nEducation and Training Regulator Act 2011 (Cwlth), section 3.\n","sortOrder":86},{"sectionNumber":"56","sectionType":"section","heading":"Occupational discipline","content":"56 Occupational discipline\n(1) If the registrar believes on reasonable grounds that a ground for\noccupational discipline exists in relation to a licensee, the registrar\nmay take 1 or more of the following actions—\n(a) apply to the ACAT for an occupational discipline order in\nrelation to 1 or more of the following:\n(i) the licensee;\n(ii) if the licensee is a corporation—a director of the\ncorporation;\n(iii) if the licensee is a partnership—\n(A) a partner of the partnership; or\n(B) a director of a corporation that is a partner of the\npartnership;\n(b) reprimand the licensee;\n\n(c) require the licensee, or, if the licensee is a corporation or\npartnership, a nominee of the licensee, to complete a stated\ncourse of training to the satisfaction of the registrar or another\nstated person;\n(d) impose a condition on the licence, or amend an existing\ncondition.\n(2) The registrar may make an application under subsection (1) (a)—\n(a) if the application is in relation to a person mentioned in\nsubsection (1) (a) (ii) or (iii)—whether or not the registrar has\nmade an application in relation to the licensee; and\n(b) if the licensee is a corporation or partnership—whether or not\nthe corporation or partnership still exists when the application is\nmade.\n(3) If a regulation prescribes a short description of a ground for\noccupational discipline under section 55 (1) (a), the registrar may use\nthe short description in the application.\n","sortOrder":87},{"sectionNumber":"57","sectionType":"section","heading":"Considerations before making occupational discipline","content":"57 Considerations before making occupational discipline\norders\n(1) This section applies if the ACAT is considering an application for an\noccupational discipline order in relation to a person mentioned in\nsection 56 (1) (a).\n(2) Without limiting the matters the ACAT must consider in relation to\nthe person, the ACAT must consider the following:\n(a) the degree of responsibility of the person for the act or omission\nthat made up the ground for occupational discipline;\n(b) the number of people detrimentally affected by the doing of\nsomething, or not doing something, that made up the ground for\noccupational discipline;\n\n(c) the extent to which it is necessary to discourage the person and\nothers from doing something, or not doing something, that made\nup the ground for occupational discipline;\n(d) whether, and the extent to which, it is necessary to protect the\npublic from the person;\n(e) the desirability of making the person responsible for the\nconsequences of the person’s acts or omissions;\n(f) the desirability of maintaining public confidence in the\nregulatory system set up by this Act;\n(g) the person’s regard, or disregard, for public safety and\nprotection of the environment when doing something, or not\ndoing something, that made up the ground for occupational\ndiscipline;\n(h) if the person has completed an assessment mentioned in\nsection 55A (Skill assessment of licensees)—the results of the\nassessment;\n(i) any action taken by the registrar under section 56.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out\nother considerations that must be taken into account by the ACAT.\n","sortOrder":88},{"sectionNumber":"58","sectionType":"section","heading":"Occupational discipline orders—licensees","content":"58 Occupational discipline orders—licensees\n(1) This section applies if the ACAT may make an occupational\ndiscipline order in relation to a licensee.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when\nthe ACAT may make an order.\n(2) In addition to any other occupational discipline order the ACAT may\nmake, the ACAT may, if the licensee is licensed in more than\n1 occupation class—\n(a) cancel or suspend a single occupational class or each of the\noccupational classes; or\n\n(b) direct the registrar to place a condition on or remove or amend\na condition of a single occupational class or each of the\noccupational classes.\n(3) In addition to any other occupational discipline order the ACAT may\nmake, the ACAT may require the licensee to pay to the Territory a\nstated amount of not more than—\n(a) if the licensee is an individual—$20 000; or\n(b) if the licensee is a corporation or a partnership—$100 000.\n(4) If the ACAT makes an order for payment under subsection (3) in\nrelation to an occupational discipline order against a licensee the\nACAT must not make an order for payment under the ACT Civil and\nAdministrative Tribunal Act 2008, section 66 (2) (h) in relation to the\nsame occupational discipline order for the licensee.\n58AA Occupational discipline orders—directors or partners of\n(1) This section applies if the ACAT is considering an application for an\noccupational discipline order in relation to a licensee that is a\ncorporation or partnership.\n(2) The ACAT may also make an occupational discipline order in\nrelation to any of the following people, whether or not an application\nhas been made in relation to the person:\n(a) if the licensee is a corporation—a director of the corporation;\n(b) if the licensee is a partnership—\n(i) a partner of the partnership; or\n\n(ii) a director of a corporation that is a partner of the\npartnership.\n(3) The ACAT may only make an order under subsection (2) in relation\nto a person mentioned in subsection (2) if the person has been given—\n(a) notice of the application for an occupational discipline order in\nrelation to the licensee; and\n(b) notice that the ACAT is considering making an order in relation\nto the person; and\n(c) the opportunity to make representations to the ACAT in relation\nto the proposed order.\n(4) Section 58 applies to a person mentioned in subsection (2) as if the\nperson were a licensee.\n","sortOrder":89},{"sectionNumber":"58A","sectionType":"section","heading":"Occupational discipline orders—related licence of","content":"58A Occupational discipline orders—related licence of\nlicensee\n(a) the ACAT makes an occupational discipline order in relation to\na licensee; and\n(b) a related licensee has a related licence.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out\nmatters the ACAT must consider when the ACAT makes an order.\n(2) In addition to any other occupational discipline order the ACAT may\nmake, the ACAT may—\n(a) cancel or suspend the related licence; or\n(b) direct the registrar to place a condition on, or remove or amend\na condition on, the related licence.\n\n(3) The ACAT may only make an order under subsection (2) if the related\nlicensee has been given—\n(a) notice of the application for an occupational discipline order in\nrelation to a licensee; and\n(b) notice that the ACAT is considering making an order in relation\nto the related licensee; and\n(c) the opportunity to make representations to the ACAT in relation\nto the proposed order.\nrelated licence means a licence under this Act that is held by a related\n(a) if the licensee is a corporation—\n(i) if a director or nominee of the licensee is a director or\nnominee of a corporation (the related corporation) that is\na licensee under this Act—the related corporation; or\n(ii) if a director or nominee of the licensee is a partner or\nnominee of a partnership (the related partnership) that is a\nlicensee under this Act—the related partnership; or\n(iii) if a director or nominee of the licensee is a licensee under\nthis Act—the director or nominee; and\n(b) if the licensee is a partnership—\n(i) if a partner or nominee of the licensee is a director or\nnominee of a corporation (the related corporation) that is\na licensee under this Act—the related corporation; or\n(ii) if a partner or nominee of the licensee is a partner or\nnominee of a partnership (the related partnership) that is a\nlicensee under this Act—the related partnership; or\n\n(iii) if a partner or nominee of the licensee is a licensee under\nthis Act—the partner or nominee; and\n(c) if the licensee is an individual—\n(i) if the licensee is a director or nominee of a corporation (the\nrelated corporation) that is a licensee under this Act—the\nrelated corporation; or\n(ii) if the licensee is a partner or nominee of a partnership (the\nrelated partnership) that is a licensee under this Act—the\nrelated partnership.\n","sortOrder":90},{"sectionNumber":"59","sectionType":"section","heading":"Interim licence suspension","content":"59 Interim licence suspension\n(1) This section applies if the registrar has applied to the ACAT for\noccupational discipline in relation to a licensee.\n(2) The registrar may, by written notice given to the licensee, suspend\n(an interim suspension) a licensee’s licence.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(3) However, the registrar may only suspend the licence under\nsubsection (2) if the registrar—\n(a) has taken into account the ground for occupational discipline;\nand\n(b) believes on reasonable grounds that it is in the public interest to\nsuspend the licence before the ACAT makes an occupational\ndiscipline order.\n(4) An interim suspension may be—\n(a) for 2 weeks or less; but\n(b) if the registrar is satisfied that it is in the public interest to extend\nthe suspension—extended until the ACAT decides the\napplication for occupational discipline in relation to the licence.\nNote An interim suspension must be recorded on the register (see s 110).\n\n","sortOrder":91},{"sectionNumber":"60","sectionType":"section","heading":"Effect of interim suspension","content":"60 Effect of interim suspension\n(1) This section applies if the registrar suspends a licence under\nsection 59.\n(2) The licence is suspended as soon as the licensee receives the notice\nof suspension.\n(3) The suspension ends when the earlier of the following happens:\n(a) the licensee receives a notice of revocation under section 61;\n(b) the ACAT decides the application for occupational discipline in\nrelation to the licensee.\n","sortOrder":92},{"sectionNumber":"61","sectionType":"section","heading":"Revocation of interim suspension","content":"61 Revocation of interim suspension\n(1) This section applies if the registrar suspends a licence under\nsection 59 (Interim licence suspension).\n(2) The registrar may, at any time before the ACAT makes an\noccupational discipline order, revoke the suspension by written notice\ngiven to the licensee.\n(3) If the registrar revokes the suspension of a licensee licensed as a\nbuilder, the registrar must notify in writing each entity notified of the\nsuspension under section 62.\n","sortOrder":93},{"sectionNumber":"62","sectionType":"section","heading":"Builders licence affected by occupational discipline or","content":"62 Builders licence affected by occupational discipline or\nother action\n(1) This section applies if a licensee has a builders licence and 1 of the\nfollowing applies:\n(a) the registrar becomes aware that the licence has been\nautomatically suspended under division 5.1;\n(b) the registrar suspends the licence under section 59 (Interim\nlicence suspension);\n\n(c) a defined occupational discipline order is made in relation to the\n(2) The registrar must notify each building certifier in writing about the\naction taken in relation to the licence as soon as practicable.\n(3) The registrar must notify each building certifier in writing if—\n(a) the registrar notified the building certifiers about the action; and\n(b) the action, or the decision to take the action, is reversed, stayed,\nvaried or set aside.\ndefined occupational discipline order means an occupational\ndiscipline order of a kind mentioned in—\n(a) section 58 (2) (a); or\n(b) the ACT Civil and Administrative Tribunal Act 2008,\nsection 66 (2) (e), (f) or (g).\n","sortOrder":94},{"sectionNumber":"63","sectionType":"section","heading":"Effect of non-renewal on suspended licence","content":"63 Effect of non-renewal on suspended licence\n(a) a licence (the original licence) for a construction occupation or\noccupation class has been suspended for a period; and\n(b) the original licence expires before the end of the suspension\nperiod without being renewed; and\n(c) the licensee is issued with a licence (the new licence) in the same\nconstruction occupation or occupation class within 3 years after\nthe day the original licence expired.\n(2) The new licence is suspended for the remainder of the suspension\nperiod.\n\n","sortOrder":95},{"sectionNumber":"64","sectionType":"section","heading":"Requirement to return surrendered licence","content":"64 Requirement to return surrendered licence\n(1) This section applies if a person surrenders the person’s licence\nbecause the licence is suspended.\nNote It is an offence not to surrender a licence that has been suspended or\ncancelled (see s 86).\n(2) The registrar must return the licence to the person not later than the\nlast day of the suspension.\n(3) If the licence is varied during the suspension, the licence as varied\nmust be returned.\n(4) However, the registrar need not return the licence if the licence\nexpires, or is cancelled, during the suspension.\n\nPart 5A Licence cancellation for criminal\nactivity\n65 Meaning of cancellation order—div 5A.1\ncancellation order means an order made under section 67.\n66 Application for cancellation order\n(1) The chief police officer may apply to the ACAT for a cancellation\norder for a licence.\n(2) At least 2 days before applying for the cancellation order, the chief\npolice officer must notify the registrar of the chief police officer’s\nintention to apply for the order.\n(3) The chief police officer must give a copy of the application to the\n","sortOrder":96},{"sectionNumber":"67","sectionType":"section","heading":"Cancellation order","content":"67 Cancellation order\n(1) On application under section 66, the ACAT may make a cancellation\norder for a licence if satisfied that, because of the licensee’s criminal\nactivity, the licensee continuing to hold the licence presents an\nunacceptable risk to community safety.\n(2) For subsection (1)—\n(a) the ACAT must consider the need to minimise the possibility of\ncriminal activity in the construction industry; and\n(b) the matters the ACAT may consider include—\n(i) whether the licensee has been convicted or found guilty of\na relevant offence; and\n\nCancellation orders Division 5A.1\n(ii) non-conviction information about the licensee.\n(3) If the ACAT makes a cancellation order for a licence, the chief police\nofficer must give a copy of the order to the registrar.\nnon-conviction information, about a licensee, means information\nabout whether the licensee—\n(a) has been charged with a relevant offence but—\n(i) a proceeding for the offence is not finalised; or\n(ii) the charge has lapsed, been withdrawn or discharged, or\nstruck out; or\n(b) has been acquitted of a relevant offence; or\n(c) has had a conviction for a relevant offence quashed or set aside;\nor\n(d) has been served with an infringement notice for a relevant\noffence; or\n(e) has a spent conviction for a relevant offence.\nNote The Spent Convictions Act 2000 sets out which convictions can be\nspent (see that Act, s 11) and when a conviction is spent (see that\nAct, s 12).\nrelevant offence means any of the following:\n(a) an offence punishable by imprisonment for 5 years or longer;\n(b) an offence against the Crimes Act 1900, section 26 (Common\nassault) or section 35A (1);\n(c) an offence involving fraud or dishonesty.\n\n","sortOrder":97},{"sectionNumber":"68","sectionType":"section","heading":"Revoking cancellation order","content":"68 Revoking cancellation order\nThe ACAT may revoke a cancellation order for a licence if satisfied\nthat, as a result of a change in circumstances, the person who held the\nlicence is no longer engaged in criminal activity that would, if the\nperson were a licensee, present an unacceptable risk to community\nsafety.\n","sortOrder":98},{"sectionNumber":"69","sectionType":"section","heading":"Meaning of criminal intelligence—div 5A.2","content":"69 Meaning of criminal intelligence—div 5A.2\ncriminal intelligence means information relating to actual or\nsuspected criminal activity, whether in the ACT or elsewhere, the\ndisclosure of which could reasonably be expected to—\n(a) prejudice a criminal investigation; or\n(b) enable the discovery of the existence or identity of a confidential\nsource of information relevant to law enforcement; or\n(c) endanger anyone’s life or physical safety.\n","sortOrder":99},{"sectionNumber":"70","sectionType":"section","heading":"Disclosure of criminal intelligence","content":"70 Disclosure of criminal intelligence\nInformation that the chief police officer classifies as criminal\nintelligence must not be disclosed for this part to anyone other than\nthe ACAT, a court or an entity to whom the chief police officer\nauthorises its disclosure.\n","sortOrder":100},{"sectionNumber":"71","sectionType":"section","heading":"Whether information is criminal intelligence—application","content":"71 Whether information is criminal intelligence—application\nand decision\n(1) This section applies if the chief police officer applies to the ACAT\nfor a cancellation order under section 66 because, or partly because,\nof information that is classified by the chief police officer as criminal\n\nCriminal intelligence Division 5A.2\n(2) The chief police officer must apply to the ACAT for a decision about\nwhether the information is criminal intelligence.\n(3) The application need not be served on anyone unless the ACAT\notherwise orders on its own initiative.\n(4) The ACAT may decide that the information is, or is not, criminal\n(5) If the ACAT proposes to decide that the information is not criminal\nintelligence, the chief police officer must be told about the proposal\nand given the opportunity to withdraw the information from the\nproceeding.\n","sortOrder":101},{"sectionNumber":"72","sectionType":"section","heading":"Confidentiality of criminal intelligence—ACAT","content":"72 Confidentiality of criminal intelligence—ACAT\n(1) The ACAT must maintain the confidentiality of information that is\nthe subject of an application under section 71 in the following\ncircumstances:\n(a) until the ACAT makes a decision about whether the information\nis criminal intelligence;\n(b) if the ACAT decides the information is criminal intelligence;\n(c) if the ACAT decides the information is not criminal intelligence,\nbut an appeal from that decision is upheld;\n(d) if the information is withdrawn.\n(2) However, in a proceeding on an application mentioned in section 71,\nthe ACAT may allow a party or a representative of a party to have\naccess to or inspect information that is criminal intelligence (on\nconditions the ACAT thinks appropriate) if the ACAT thinks it would\nnot be contrary to the public interest to do so.\n(3) If the ACAT proposes to allow a party or a representative of a party\nto have access to or inspect information that is criminal intelligence,\nthe chief police officer must be told about the proposal and given the\nopportunity to withdraw the information from the proceeding.\n\n(4) The ACAT may take any steps it considers appropriate to maintain\nthe confidentiality of the information.\n(5) However, if the ACAT finds that the information is not criminal\nintelligence, and the information is not withdrawn, the ACAT need\nnot maintain the confidentiality of the information.\n","sortOrder":102},{"sectionNumber":"73","sectionType":"section","heading":"Confidentiality of criminal intelligence—courts","content":"73 Confidentiality of criminal intelligence—courts\n(1) This section applies if a court (on appeal or otherwise) deals with a\ndecision by the ACAT about whether information is criminal\n(2) The court must maintain the confidentiality of the information.\n(3) The court may take any steps it considers appropriate to maintain the\nconfidentiality of the information.\n(4) The court must not give any reason for making a finding in relation\nto the information, other than public interest.\n(5) However, if the court finds that information is not criminal\nintelligence, and the information is not withdrawn—\n(a) the court need not maintain the confidentiality of the\ninformation and may give reasons for the finding; and\n(b) any other court need not maintain the confidentiality of the\ninformation and may give reasons for making a finding in\nrelation to the information.\n\nCriminal intelligence Division 5A.2\n","sortOrder":103},{"sectionNumber":"74","sectionType":"section","heading":"Delegation by chief police officer","content":"74 Delegation by chief police officer\n(1) The chief police officer may delegate a function under this division\nto a senior police officer.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(2) In this section:\nsenior police officer means a police officer of or above the rank of\nsuperintendent.\n\n","sortOrder":104},{"sectionNumber":"75","sectionType":"section","heading":"Definitions—pt 6","content":"75 Definitions—pt 6\ncompliance auditor means a compliance auditor appointed under\nsection 76.\ninspector means an inspector appointed under section 80CA.\nofficer means a compliance auditor or an inspector.\n","sortOrder":105},{"sectionNumber":"76","sectionType":"section","heading":"Compliance auditors—appointment","content":"76 Compliance auditors—appointment\n(1) The registrar may appoint a public servant to be a compliance auditor\nfor this Act.\nNote 1 For the making of appointments (including acting appointments), see\nnaming a person or nominating the occupant of a position (see s 207).\n(2) An appointment must not be for longer than 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n\nCompliance auditors Division 6.2\n","sortOrder":106},{"sectionNumber":"77","sectionType":"section","heading":"Compliance auditors—functions","content":"77 Compliance auditors—functions\n(1) A compliance auditor is responsible for auditing the forms and other\npaperwork required to be provided by licensees for this Act and the\noperational Acts.\n(2) A compliance auditor has any other function given to the compliance\nauditor by the registrar.\n","sortOrder":107},{"sectionNumber":"78","sectionType":"section","heading":"Compliance auditors—entry to premises","content":"78 Compliance auditors—entry to premises\n(1) A compliance auditor may, during ordinary business hours and with\nany assistance that is necessary and reasonable, enter premises used\nby a licensed construction practitioner.\n(2) However, subsection (1) does not authorise entry into a part of\npremises that is being used for residential purposes unless—\n(a) the occupier or person apparently in charge of the premises\nconsents to the entry; or\n(b) the entry is authorised under a search warrant.\n(3) The compliance auditor is not authorised to remain on the premises\nif, on request by or on behalf of the occupier or person apparently in\ncharge of the premises, the compliance auditor does not produce the\ncompliance auditor’s identity card.\n(4) The compliance auditor may do 1 or more of the following in relation\nto the premises:\n(a) inspect any document on the premises that relates to the\nlicensee’s activities;\n(b) take an extract from or make a copy of any document that relates\nto the licensee’s activities;\n(c) require anyone on the premises to give the compliance auditor\ninformation about a document that relates to the licensee’s\nactivities;\n\n(d) require a person apparently in charge of the premises—\n(i) to produce a document that relates to the licensee’s\nactivities; or\n(ii) to give the compliance auditor access to any electronic\ndevice on the premises in which information relevant to the\nlicensee’s activities is stored; or\n(iii) to print information mentioned in subparagraph (ii);\n(e) require the occupier, person apparently in charge of the premises\nor anyone at the premises to give the compliance auditor\nreasonable help to exercise a function under this section.\nExamples of documents\nplan, map, book, drawing\n(5) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (4) (c), (d) or (e).\n(6) The occupier or person in charge of the premises must give the\ncompliance auditor all reasonable facilities and assistance the\ncompliance auditor needs for the effective exercise of the compliance\nauditor’s functions under this section.\n","sortOrder":108},{"sectionNumber":"79","sectionType":"section","heading":"Compliance auditors—production of documents","content":"79 Compliance auditors—production of documents\n(1) A compliance auditor may, by written notice, ask a licensee to\nproduce to the compliance auditor a document that relates to the\nlicensee’s activities.\n\nCompliance auditors Division 6.2\n(2) The notice must state—\n(a) the place where and time when, or the period within which, the\nlicensee must produce the document that the compliance auditor\nconsiders on reasonable grounds is reasonable; and\n(b) the consequences under this Act of failing to comply with the\nnotice.\n(3) A compliance auditor may do 1 or more of the following in relation\nto the document:\n(a) inspect it;\n(b) take an extract from or make a copy of the document;\n(c) require the licensee to give the compliance auditor information\nabout the document;\n(d) take possession of the document for the period that the\ncompliance auditor considers on reasonable grounds is\nreasonable.\n(4) If a compliance auditor takes possession of a document under\nsubsection (3) (d), the compliance auditor must—\n(a) allow a person who would be entitled to inspect the document,\nif it were not in the compliance auditor’s possession, to inspect\nthe document at any reasonable time; and\n(b) give a receipt for the document to the licensee.\n(5) The receipt must include the following:\n(a) a brief description of the document;\n(b) the compliance auditor’s name, and information about how to\ncontact the compliance auditor;\n(c) the address of the place where the compliance auditor will keep\nthe document while it is in the compliance auditor’s possession.\n\n","sortOrder":109},{"sectionNumber":"80","sectionType":"section","heading":"Non-compliance with s 79 notice","content":"80 Non-compliance with s 79 notice\n(1) A licensee commits an offence if the licensee fails to comply with a\nnotice given to the licensee under section 79 (Compliance auditors—\nproduction of documents).\n(2) Each partner in a partnership commits an offence if—\n(a) the partnership is a licensee; and\n(b) the partners, or any of them, fail to comply with a notice given\nto the partnership under section 79.\n(a) the partner did not know about the failure to comply; and\nappropriate diligence to avoid the failure to comply; or\npartnership in relation to the failure to comply.\ns (3) (see Criminal Code, s 59).\n\n80CA Inspectors—appointment\n(1) The registrar may appoint a public servant to be an inspector for this\nAct for—\n(a) building assessment work; or\n(b) works assessment work.\n(2) An appointment must not be for longer than 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n80CB Inspectors—functions\n(1) An inspector is responsible for inspecting the work undertaken by a\nlicensee for compliance with this Act, the operational Acts and other\nlegislation which applies to building assessors.\nExample—other legislation applying to building assessors\nCivil Law (Sale of Residential Property) Act 2003\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) Subsection (1) applies only to work for which a person must be\nlicensed under this Act.\n(3) An inspector has any other function given to the inspector by the\nregistrar.\n\n(4) An inspector must exercise the inspector’s functions in accordance\nwith—\n(a) the instrument of appointment; and\n(b) any directions the registrar gives the inspector.\n80CC Inspectors—entry to premises\n(1) For this Act, an inspector may—\n(a) enter any premises at any time with the consent of the occupier;\nor\n(b) enter premises when open to the public; or\n(c) enter business premises during business hours at the premises;\nor\n(d) enter premises in accordance with a warrant under this part.\n(2) An inspector may, without the occupier’s consent or a warrant, enter\nthe land around premises—\n(a) to ask the occupier for consent to enter the premises; or\n(b) to inspect the land.\n(3) An inspector must not remain on premises entered under this section\nif, on request by the occupier, the inspector does not produce the\ninspector’s identity card.\n(4) An inspector who enters premises under this part may, for this Act,\ndo 1 or more of the following in relation to the premises, anything on\nthe premises and the land around the premises:\n(a) inspect or examine;\n(b) inspect and copy, or take an extract from, any document at the\npremises;\n(c) take measurements or conduct tests;\n\n(d) take samples;\n(e) take photographs, films, audio, video or other recordings;\n(f) take onto the premises any people, equipment or material the\ninspector reasonably needs to exercise the inspector’s functions\nunder this Act;\n(g) require the occupier, or anyone at the premises, to give\ninformation, answer questions, or produce documents or\nanything else, reasonably needed to exercise the inspector’s\nfunctions under this Act.\nNote The Legislation Act, s 170 and s 171 deal with the application of\nthe privilege against self-incrimination and client legal privilege.\n(5) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (4) (g).\n80CD Inspectors—power to seize things\n(1) An inspector who enters premises under this part with the occupier’s\nconsent may seize anything at the premises if—\n(a) the inspector is satisfied on reasonable grounds that the thing is\nconnected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An inspector who enters premises under a warrant under this part may\nseize anything at the premises that the inspector is authorised to seize\nunder the warrant.\n(3) An inspector who enters premises under this part (whether with the\noccupier’s consent, under a warrant or otherwise) may seize anything\nat the premises if satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Also, an inspector who enters premises under this part (whether with\nthe occupier’s consent or otherwise) may seize anything at the\npremises if satisfied on reasonable grounds that the thing—\n(a) puts the health or safety of people at risk; or\n(b) may cause damage to property or the environment.\n(5) The powers of an inspector under subsections (3) and (4) are\nadditional to any powers of the inspector under subsection (1) or any\nother territory law.\n(6) Having seized a thing, an inspector may—\n(a) remove the thing from the premises where it was seized (the\nplace of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(7) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (6); and\n(b) the person does not have an inspector’s approval to interfere\nwith the thing.\n(8) An offence against this section is a strict liability offence.\n\n80CE Inspectors—receipt for things seized\n(1) As soon as practicable after a thing is seized by an inspector under\nthis part, the inspector must give a receipt for it to the person from\nwhom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe inspector must leave the receipt, secured conspicuously at the\nplace of seizure.\n80CF Access to things seized\nA person who would, apart from the seizure, be entitled to a thing\nseized under this part may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n80CG Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) a prosecution for an offence relating to the thing is not instituted\nwithin 90 days of the seizure; or\n(b) the court does not find the offence proved in a prosecution for\nan offence relating to the thing.\n(2) A thing seized under this part is forfeited to the Territory if a court—\n(a) finds an offence relating to the thing to be proved; and\n(b) orders the forfeiture.\n(3) If subsection (2) (a) applies, but a court does not order forfeiture of\nthe thing seized, the construction occupations registrar must return\nthe thing to its owner or the Territory must pay reasonable\ncompensation to the owner for the loss of the thing.\n\nDivision 6.4 Identity cards—compliance auditors and inspectors\nDivision 6.4 Identity cards—compliance auditors\nand inspectors\n80CH Identity cards\n(1) The registrar must give a compliance auditor an identity card stating\nthe person’s name and that the person is a compliance auditor.\n(2) The registrar must give an inspector an identity card stating the\nperson’s name and that the person is an inspector.\n(3) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(4) A person commits an offence if—\n(a) the person ceases to be an officer; and\n(b) the person does not return the person’s identity card to the\nregistrar as soon as practicable (but within 7 days) after the day\nthe person ceases to be an officer.\nMaximum penalty: 1 penalty unit.\n(5) An offence against this section is a strict liability offence.\n80CI Functions not to be exercised before identity card shown\nAn officer may exercise a function under this Act in relation to a\nperson only if the officer first shows the person the officer’s identity\ncard.\n\nIdentity cards—compliance auditors and inspectors Division 6.4\n80CJ Consent to entry\n(1) When seeking the consent of an occupier for entering premises under\nthis part an officer must—\n(a) produce the officer’s identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the officer must ask the occupier to sign a\nwritten acknowledgment—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time, and day, when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the officer must\nimmediately give a copy to the occupier.\n(4) Unless the contrary is proven, a court must presume that an occupier\nof premises did not consent to an entry to the premises by an officer\nunder this part if—\n(a) the question whether the occupier consented to the entry arises\nin proceedings in the court; and\n(b) an acknowledgment under this section is not produced in\nevidence for the entry; and\n\n(c) it is not proved that the occupier consented to the entry.\n(5) In this section:\noccupier, of premises, includes—\n(a) a person an officer believes on reasonable grounds to be an\noccupier of the premises; and\n(b) a person apparently in charge of the premises.\n80CK Warrants generally\n(1) An officer may apply to a magistrate for a warrant to enter premises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the officer\ngives the magistrate all the information the magistrate requires about\nthe application in the way the magistrate requires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity is, or is being engaged in, at the premises,\nor may be, or may be engaged in, at the premises within the next\n14 days.\n(5) The warrant must state—\n(a) that an officer may, with any necessary assistance and force,\nenter the premises and exercise the officer’s powers under this\npart; and\n(b) the offence for which the warrant is issued; and\n\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 14 days after the day of the warrant’s issue, that\nthe warrant ends.\nconnected—an activity is connected with an offence if—\n(a) the offence has been committed by engaging or not engaging in\nit; or\n(b) it will provide evidence of the commission of the offence.\n80CL Warrants—application made other than in person\n(1) An officer may apply for a warrant by phone, fax, radio or other form\nof communication if the officer considers it necessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the officer must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) The officer may apply for the warrant before the application is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the officer if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the officer—\n(a) the magistrate must—\n(i) tell the officer what the terms of the warrant are; and\n(ii) tell the officer the date and time the warrant was issued;\nand\n\n(b) the officer must complete a form of warrant (the warrant form)\nand write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the officer, authorises the entry and exercise of the\nofficer’s powers under this part.\n(7) The officer must, at the first reasonable opportunity, send to the\nmagistrate—\n(a) the sworn application; and\n(b) if the officer completed a warrant form—the completed warrant\nform.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by an officer was not\nauthorised by a warrant under this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n\n80CM Search warrants—announcement before entry\n(1) An officer must, before anyone enters premises under a search\nwarrant—\n(a) announce that the officer is authorised to enter the premises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if an occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemself to the person.\n(2) The officer is not required to comply with subsection (1) if the officer\nbelieves on reasonable grounds that immediate entry to the premises\nis required to ensure—\n(a) the safety of anyone (including the officer or any person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n80CN Details of search warrant to be given to occupier etc\nIf an occupier of premises, or someone else who apparently represents\nthe occupier, is present at the premises while a search warrant is being\nexecuted, the officer or a person assisting must make available to the\nperson—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n\n80CO Occupier entitled to be present during search etc\n(1) If an occupier of premises, or someone else who apparently represents\nthe occupier, is present at the premises while a search warrant is being\nexecuted, the occupier or the other person is entitled to observe the\nsearch being conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n80CP Moving things to another place for examination or\nprocessing\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n\n(3) An officer may apply to a magistrate for an extension of time if the\nofficer believes on reasonable grounds that the thing cannot be\nexamined or processed within 72 hours.\n(4) The officer must give notice of the application to the occupier of the\npremises, and the occupier is entitled to be heard on the application.\n(5) If a thing is moved to another place under this section, the officer\nmust, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n\n","sortOrder":110},{"sectionNumber":"80D","sectionType":"section","heading":"Meaning of information requirement—pt 6A","content":"80D Meaning of information requirement—pt 6A\ninformation requirement—see section 80E (2).\n","sortOrder":111},{"sectionNumber":"80E","sectionType":"section","heading":"Information requirements","content":"80E Information requirements\n(1) This section applies if the registrar suspects on reasonable grounds\nthat a person—\n(a) has information (the required information) reasonably required\nby the registrar for the administration or enforcement of this Act\nor an operational Act; or\n(b) has possession or control of a document containing the required\ninformation.\n(2) The registrar may give the person a notice (an information\nrequirement) requiring the person to give the information, or produce\nthe document, to the registrar.\n(3) The information requirement must be in writing and must include\ndetails of the following:\n(a) the identity of the person to whom it is given;\n(b) why the information is required;\n(c) the time by which the notice must be complied with;\n(d) the operation of section 80G (Contravention of information\nrequirement).\n(4) A person does not incur any civil or criminal liability only because\nthe person gives information, or produces a document, to the registrar\nin accordance with an information requirement.\n\nInformation requirements Part 6A\n","sortOrder":112},{"sectionNumber":"80F","sectionType":"section","heading":"Treatment of documents provided under information","content":"80F Treatment of documents provided under information\nrequirement\n(1) The registrar must return a document produced in accordance with an\ninformation requirement to the person who produced the document as\nsoon as practicable.\n(2) Before returning the document, the registrar may make copies of, or\ntake extracts from, the document.\n","sortOrder":113},{"sectionNumber":"80G","sectionType":"section","heading":"Contravention of information requirement","content":"80G Contravention of information requirement\nA person commits an offence if the person contravenes an\ninformation requirement.\n\n","sortOrder":114},{"sectionNumber":"81","sectionType":"section","heading":"Pretending to be licensed","content":"81 Pretending to be licensed\n(a) is not licensed in a construction occupation or occupation class;\nand\n(b) pretends to be licensed in the occupation or class.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":115},{"sectionNumber":"82","sectionType":"section","heading":"No nominee","content":"82 No nominee\n(1) A corporation commits an offence if the corporation—\n(a) advertises or otherwise offers to provide a service in a\nconstruction occupation or occupation class; and\n(b) does not have a nominee who has a licence that authorises the\nnominee to provide the service.\n(a) advertises or otherwise offers to provide a service in a\nconstruction occupation; and\n(b) does not have a nominee who has a licence that authorises the\nnominee to provide the service.\n\n(3) It is a defence to a prosecution for an offence against subsection (2),\n(4) An offence against this section is a strict liability offence.\n","sortOrder":116},{"sectionNumber":"83","sectionType":"section","heading":"Advertising without details","content":"83 Advertising without details\n(a) advertises that the person provides, or will provide, a service in\na construction occupation or occupation class; and\n(b) does not include the following in the advertisement:\n(i) the person’s name as recorded on the person’s licence;\n(ii) the person’s licence number;\n(iii) if the person is a corporation—the person’s ACN (if any).\nExamples of advertising required to include details\n1 providing a prospective client with a letter, business card, sample contract,\nbrochure and items such as caps, shirts and mugs, each with the construction\nservice company name printed on it\n2 vehicle signage or clothing such as a T-shirt, with a construction occupation\nor class stated on it eg ‘Jo Jones licensed plumber’\n3 a radio advertisement describing the features of a display home open for\ninspection and including a musical jingle mentioning ‘ACME Homes’,\nadvertising to the public that ACME Homes provides construction services\n\n4 a sign erected outside a building construction site states only ‘ACME\nConstructions’, advertising to the public that ACME Constructions provides\nconstruction services at the site\n5 an entry in a published directory that lists an entity by name, address,\ntelephone number, construction occupation or class, for example ‘ACME\nPlumbing, plumbers and drainers’\nExamples that are not advertising or are not required to include details\n1 a builder talking to a prospective client about the services the builder can\nprovide to the particular client\n2 ACME Homes advertises in the newspaper stating that a particular display\nhome is for sale, but the advertising, states that ACME Homes is the owner,\nbuilder and seller of the house, not that it offers building services generally\n3 a sign erected outside a building construction site states only ‘ACME’, which\ndoes not advertise that ACME is providing construction services at the site\n4 an entry in a published directory that lists an entity alphabetically by name and\nincludes the entity’s address and telephone number, even if the name of the\nentity implies that the entity can provide the service, for example, ‘ACME\nPlumbing, 1 Smith St, City, 55577777’\n5 ACME Home Services advertises offering to arrange the provision of\nelectrical services, but the advertisement includes the following statements:\n‘ACME Homes Services does not provide electrical wiring services,\nindependent contractors provide those services’\n(a) advertises that the partnership provides, or will provide, a\nservice in a construction occupation or occupation class; and\n(b) does not include the following in the advertisement:\n(i) the partnership’s name as recorded on the partnership’s\nlicence;\n(ii) the partnership’s licence number.\nExample of advertising required to include details\nThe examples in subsection (1) apply to this subsection.\nExamples that are not advertising or are not required to include details\nThe examples in subsection (1) apply to this subsection.\n\n(3) It is a defence to a prosecution for an offence against subsection (2),\n(4) An offence against this section is a strict liability offence.\n","sortOrder":117},{"sectionNumber":"84","sectionType":"section","heading":"Certain entities not to provide construction services","content":"84 Certain entities not to provide construction services\n(a) provides a service (whether as an employee or otherwise) in a\nconstruction occupation or occupation class; and\n(i) is not licensed in the occupation or class; or\n(ii) if an endorsement on the licence is required for the person\nto be authorised to provide the service provided and the\nlicence does not have that endorsement.\n(a) provides a service in a construction occupation or occupation\nclass; and\n(i) is not licensed in the occupation or class; or\n\n(ii) if an endorsement on the licence is required for the\npartnership to be authorised to provide the service provided\nand the licence does not have that endorsement.\n(3) This section does not apply if—\n(a) an individual provides the service, whether directly or for an\nentity; and\n(b) the individual is working under the supervision of a licensee\nwhose licence authorises the provision of the service; and\n(c) the licensee is not required by a condition or endorsement on the\nlicence to provide the service as an employee or under\nsupervision; and\n(d) a regulation allows the service to be provided by an individual\nwithout a licence if provided under the supervision of a licensee.\nmentioned in s (3) and s (4) (see Criminal Code, s 58).\n(4) Also, this section does not apply to an entity if—\n(a) the entity provides an electrical wiring service; and\n(b) the entity—\n(i) is an exempt regulated utility; or\n(ii) provides the service for an exempt regulated utility.\n\ns (5) (see Criminal Code, s 59).\n(6) An offence against this section is a strict liability offence.\nexempt regulated utility means a regulated utility exempted from the\nElectricity Safety Act 1971 by an exemption under that Act,\nsection 62B.\nregulated utility—see the Utilities (Technical Regulation) Act 2014,\nsection 8.\n","sortOrder":118},{"sectionNumber":"85","sectionType":"section","heading":"Allowing unlicensed people to provide construction","content":"85 Allowing unlicensed people to provide construction\nservice\n(a) the person engages someone else (the worker), or allows an\nemployee (also the worker), to provide a construction service\nfor the person; and\n(b) the worker is not licensed to provide the service; and\n(c) the person is reckless about whether the worker is licensed to\nprovide the service.\n\n(2) Each member of a partnership commits an offence if—\n(a) a partner engages someone else (the worker), or allows an\nemployee of the partnership (also the worker), to provide a\nconstruction service for the partnership; and\n(b) the worker is not licensed to provide the service; and\n(c) the partner is reckless about whether the worker is licensed to\nprovide the service.\n(3) This section does not apply to an entity that provides a service if—\n(a) the service is provided under the supervision of a licensee; and\n(b) the licensee is not required by a condition or endorsement on the\nlicence to provide the service as an employee or under\nsupervision; and\n(c) a regulation allows the service to be provided by an individual\nwithout a licence if provided under the supervision of a licensee.\nmentioned in s (3) and s (4) (see Criminal Code, s 58).\n(4) Also, this section does not apply to a regulated utility if—\n(a) the regulated utility engages someone else, or allows an\nemployee of the regulated utility, to provide an electrical wiring\nservice for the regulated utility; and\n(b) the regulated utility is an exempt regulated utility.\n\ns (5) (see Criminal Code, s 59).\nexempt regulated utility—see section 84 (7).\nregulated utility—see section 84 (7).\n","sortOrder":119},{"sectionNumber":"86","sectionType":"section","heading":"Surrender of licences","content":"86 Surrender of licences\n(a) the person’s licence has been suspended or cancelled; and\n(b) the person does not surrender the licence to the registrar within\n2 weeks after the day of suspension or cancellation.\n(2) Each partner commits an offence if—\n(a) the partnership’s licence has been suspended or cancelled; and\n(b) the licence is not surrendered to the registrar within 2 weeks\nafter the day of suspension or cancellation.\n(3) It is a defence to a prosecution for an offence against subsection (1)\nor (2) if the defendant proves that the licence has been destroyed, lost\nor stolen.\n\n(4) It is a defence to a prosecution for an offence against subsection (2)\n","sortOrder":120},{"sectionNumber":"87","sectionType":"section","heading":"Breach of licence conditions or codes","content":"87 Breach of licence conditions or codes\n(1) A licensee commits an offence if the licensee contravenes a condition\nof the licence.\n(2) Each partner in a partnership commits an offence if—\n(a) the partnership is a licensee; and\n(b) the licensee contravenes a condition of the licence.\n(3) A person who is a licensee commits an offence if the person\ncontravenes a code of practice applicable to the person.\n(4) Each partner in a partnership commits an offence if the partnership—\n(a) is a licensee; and\n(b) contravenes a code of practice applicable to the licensee.\n\nor (4) if the partner proves that—\n(6) An offence against this section is a strict liability offence.\ncode of practice means a code of practice under this Act or an\n","sortOrder":121},{"sectionNumber":"88","sectionType":"section","heading":"Notification of cancellation of insurance","content":"88 Notification of cancellation of insurance\n(1) An insurer commits an offence if—\n(a) the insurer provides a policy of insurance to a entity who is, or\nis applying to be, licensed in a construction occupation or\noccupation class; and\n(b) the insurance is required under the regulations for the entity to\nbe eligible for the licence; and\n(c) the insurer cancels the policy of insurance; and\n(d) fails to give the registrar written notice of the cancellation within\n3 days after the day of cancellation.\n(2) An offence against this section is a strict liability offence.\n\nNote In this part, licensee has an extended meaning (see s 89, def licensee).\n","sortOrder":122},{"sectionNumber":"89","sectionType":"section","heading":"Definitions—pt 8","content":"89 Definitions—pt 8\ndemerit ground for occupational discipline, in relation to a\nlicensee—\n(a) means a ground for occupational discipline in relation to the\nlicensee for which the ACAT may make an occupational\ndiscipline order; but\n(b) does not include a ground for occupational discipline if—\n(i) the ground is a contravention of this Act or an operational\nAct; and\n(ii) an infringement notice may be issued in relation to the\ndemerit points register means the register under section 91.\ndisciplinary incident, for a demerit ground for occupational\ndiscipline, means the circumstances that gave rise to the demerit\nground for occupational discipline.\ninfringement notice—see the Magistrates Court Act 1930,\nsection 117.\nlicensee, in relation to a demerit ground for occupational discipline,\nincludes an entity that was licensed when the disciplinary incident for\nthe demerit ground for occupational discipline happened.\n\n","sortOrder":123},{"sectionNumber":"90","sectionType":"section","heading":"Meaning of previous 3 years for pt 8","content":"90 Meaning of previous 3 years for pt 8\n(1) In this part:\nprevious 3 years, in relation to a licensee with demerit points, means\nthe 3 year period ending on the day the licensee last incurred a demerit\npoint.\n(2) For this section, 3 year period does not include a period of less than\n3 years during which a licensee is unlicensed.\n(3) Also, if a licensee incurs demerit points while unlicensed and\nbecomes licensed within 3 years after incurring them, for the purpose\nof working out the 3 year period in relation to the licensee the demerit\npoints are taken to have been incurred when the licensee next\nbecomes licensed.\n","sortOrder":124},{"sectionNumber":"91","sectionType":"section","heading":"Recording demerit points","content":"91 Recording demerit points\n(1) If a demerit ground for occupational discipline exists in relation to a\nlicensee, the registrar must record, in the demerit points register,\nagainst the licensee or former licensee, and for the relevant\nconstruction occupation, the number of demerit points prescribed\nunder the regulations for the demerit ground for occupational\ndiscipline.\n(2) The demerit points must be recorded in the demerit points register for\nthe day when they are incurred.\nrelevant construction occupation, for a demerit ground for\noccupational discipline, means—\n(a) the construction occupation in relation to which the disciplinary\nincident happened; or\n\n(b) if the disciplinary incident did not happen in relation to a\nconstruction occupation—the main construction occupation in\nwhich the licensee was providing construction services when the\ndisciplinary incident happened.\n","sortOrder":125},{"sectionNumber":"92","sectionType":"section","heading":"When demerit points are incurred","content":"92 When demerit points are incurred\n(1) This section applies to demerit points to be recorded against a licensee\nfor a construction occupation in the demerit points register for a\ndemerit ground for occupational discipline.\n(2) A demerit point is taken to have been incurred by the licensee for the\ndemerit ground for occupational discipline on the day when the\nregistrar first becomes aware of the disciplinary incident.\n","sortOrder":126},{"sectionNumber":"93","sectionType":"section","heading":"Deleting demerit points","content":"93 Deleting demerit points\n(1) This section applies to demerit points incurred by a licensee for a\nconstruction occupation, recorded in the register and taken into\naccount for—\n(a) a notice of licence suspension under section 97; or\n(b) a notice of licence disqualification under section 98; or\n(c) other action (disciplinary action) allowed to be taken under\nsection 95 (2) (c).\n(2) The demerit points are deleted from the register at the beginning of\nthe period of suspension or disqualification, or on the imposition of\nthe disciplinary action, relating to the licence for the construction\noccupation.\n(3) Subsection (2) does not prevent the registrar keeping a record of\ndeleted demerit points.\n\n","sortOrder":127},{"sectionNumber":"94","sectionType":"section","heading":"Warning notices","content":"94 Warning notices\n(a) the registrar records a demerit point against a licensee for a\nconstruction occupation; and\n(b) in the previous 3 years, the licensee has incurred at least 10 other\ndemerit points for the construction occupation; and\n(c) the registrar has not sent the licensee a notice under this section\nwithin the 3 month period ending on the day the demerit point\nis incurred.\n(2) The registrar must tell the licensee in writing how many points the\nlicensee has and the effect of this part.\n(3) Failure to comply with subsection (2) does not affect the validity of\nanything done by the registrar or a court.\n","sortOrder":128},{"sectionNumber":"95","sectionType":"section","heading":"Consequences of incurring demerit points—licensees","content":"95 Consequences of incurring demerit points—licensees\n(1) This section applies to a licensee if the licensee—\n(a) has a licence; and\n(b) incurred 15 or more demerit points for a construction occupation\nwithin the previous 3 years.\n(2) The registrar must consider the disciplinary incidents for which the\nlicensee incurred the demerit points and—\n(a) serve a notice of licence suspension under section 97 on the\nlicensee in relation to the licensee’s licence in the construction\noccupation; or\n(b) serve a notice of licence disqualification under section 98 on the\nlicensee in relation to the licensee’s licence in the construction\noccupation; or\n\n(c) take any other action against the licensee that—\n(i) the ACAT could take or direct the registrar to take; and\n(ii) the registrar considers appropriate.\n(3) In considering what action to take under subsection (2), the registrar\nmust take into account the following considerations:\n(a) the need to protect public safety;\n(b) the desirability of not allowing people to undertake work which\nthey are financially unable to complete;\n(c) the regularity of the disciplinary incidents to which the demerit\npoints relate;\n(d) the seriousness of the disciplinary incidents to which the demerit\npoints relate;\n(e) the likelihood of further disciplinary incidents relating to the\n(4) The registrar may take into account any other relevant consideration.\n","sortOrder":129},{"sectionNumber":"96","sectionType":"section","heading":"Consequences of incurring demerit points—applicant for","content":"96 Consequences of incurring demerit points—applicant for\nissue or renewal of licence\n(1) This section applies to a licensee if—\n(a) the licensee applies to the registrar for a licence (including the\nrenewal of a licence) for a construction occupation; and\n(b) the licensee has incurred 15 or more demerit points for the\nconstruction occupation within the previous 3 years.\n(2) The registrar may refuse the licensee’s application and serve a notice\nof licence disqualification on the licensee under section 98.\n(3) The registrar may only take action under subsection (2) if satisfied\nthat the public would be at risk if the licensee were allowed to provide\nthe construction services authorised by the licence.\n\n","sortOrder":130},{"sectionNumber":"97","sectionType":"section","heading":"Licence suspension","content":"97 Licence suspension\n(1) A notice of licence suspension served on a licensee by the registrar\nunder this section—\n(a) must state the date of the notice; and\n(b) must state each construction occupation or occupation class to\nwhich the notice relates; and\n(c) must state the date, at least 21 days after the day the notice is\nserved on the licensee, when the suspension of the licensee’s\nlicence is to begin; and\n(d) must state the period of licence suspension; and\n(e) must include any other information required under the\nregulations; and\n(f) may include any additional information the registrar considers\nappropriate.\n(2) The licensee’s licence is suspended for the period of licence\nsuspension.\n(3) To remove any doubt, a licence may be suspended in relation to all\nconstruction occupations or occupation classes it relates to.\n","sortOrder":131},{"sectionNumber":"98","sectionType":"section","heading":"Licence disqualification","content":"98 Licence disqualification\n(1) A notice of licence disqualification served on a licensee by the\nregistrar under this section—\n(a) must state the date of the notice; and\n(b) must state each construction occupation or occupation class to\nwhich the notice relates; and\n\n(c) must state the date, at least 21 days after the day the notice is\nserved on the licensee, when the disqualification of the licensee\nto obtain a licence is to begin (the date of effect); and\n(d) if the licensee has a licence—must state that the licence is\ncancelled on the date of effect; and\n(e) must state the period of licence disqualification; and\n(f) must include any other information required under the\nregulations; and\n(g) may include any additional information the registrar considers\nappropriate.\n(2) If the licensee has a licence, the licence is cancelled in relation to each\nconstruction occupation or occupation class mentioned in the notice\non the date of effect.\n(3) The licensee is disqualified from holding a licence in each\nconstruction occupation or occupation class during the period of\nlicence disqualification and is not entitled to apply for, or be issued\nwith, a licence in the construction occupation or occupation class\nduring the period.\n(4) To remove any doubt, a licence may be cancelled in relation to all\nconstruction occupations or occupation classes it relates to.\n\n","sortOrder":132},{"sectionNumber":"99","sectionType":"section","heading":"Demerit points incurred but not taken into account for","content":"99 Demerit points incurred but not taken into account for\nnotice of licence suspension etc\n(1) This section applies to—\n(a) demerit points incurred by a licensee on or before the date of a\nnotice of licence suspension or licence disqualification served\non the licensee under this part that were not taken into account\nfor the notice; and\n(b) demerit points incurred by the licensee after the date of the\nnotice and before the period of licence suspension or licence\ndisqualification applying under the notice begins.\n(2) The demerit points are only taken into account in relation to the\nlicensee from the end of the period of licence suspension or licence\ndisqualification applying under the notice.\n","sortOrder":133},{"sectionNumber":"100","sectionType":"section","heading":"Issue of licence suspension notice etc","content":"100 Issue of licence suspension notice etc\nThe registrar may give a notice of licence suspension or licence\ndisqualification to a licensee under this part without giving the\nlicensee an opportunity to make representations why the notice\nshould not be given.\n","sortOrder":134},{"sectionNumber":"101","sectionType":"section","heading":"Keeping demerit points register","content":"101 Keeping demerit points register\n(1) The demerit points register may include information given to the\nregistrar under this Act and any other information the registrar\nconsiders appropriate.\n(2) The demerit points register may be kept in the form of, or as part of,\n1 or more computer databases or in any other form the registrar\nconsiders appropriate.\n(3) The registrar must correct a mistake, error or omission in the demerit\npoints register subject to the requirements (if any) of the regulations.\n(4) This section does not limit the functions of the registrar in relation to\nthe demerit points register.\n\n","sortOrder":135},{"sectionNumber":"102","sectionType":"section","heading":"Security and disclosure of information in demerit points","content":"102 Security and disclosure of information in demerit points\nregister\n(1) The registrar must ensure that information in the demerit points\nregister is kept securely and may be disclosed only in accordance with\nthis Act or another law in force in the ACT.\nNote 1 The Territory privacy principles apply to the registrar (see Information\nPrivacy Act 2014, sch 1).\nNote 2 Access to the register may be sought under the Freedom of Information\nAct 2016 (which also provides that it is contrary to the public interest to\ndisclose certain information).\n(2) The registrar must give information about a licensee’s demerit points\nto the licensee on application.\n\n","sortOrder":136},{"sectionNumber":"103","sectionType":"section","heading":"Construction occupations registrar","content":"103 Construction occupations registrar\n(1) The director-general may appoint a public servant as the Australian\nCapital Territory Construction Occupations Registrar (the registrar).\n(2) However, the director-general must not appoint a person under\nsubsection (1) unless satisfied that the person has relevant experience\nor a relevant qualification in 1 or more of the following areas:\n(a) building;\n(b) building assessment;\n(c) building surveying;\n(d) draining;\n(e) electrical;\n(f) engineering;\n(g) gasfitting;\n(h) plumbing;\n(i) gas appliance work;\n(j) works assessment;\n(k) administration of building or construction industry regulatory\nschemes.\n(3) The appointment must not be for longer than 3 years.\n\n","sortOrder":137},{"sectionNumber":"104","sectionType":"section","heading":"Registrar’s functions","content":"104 Registrar’s functions\n(1) The registrar has the following functions:\n(a) to keep the registers under this Act;\n(b) to administer operational Acts;\ninstruments made or in force under the Act, including regulations\n(see Legislation Act, s 104).\n(c) to decide applications in relation to licences;\n(d) to maintain the standard of construction occupations by—\n(i) acting on complaints made about construction\npractitioners, including by applying to the ACAT for\noccupational discipline if appropriate; and\n(ii) providing construction practitioners with information\nabout developments in the construction industry.\n(2) The registrar has any other function given to the registrar under this\nAct or another Territory law.\n","sortOrder":138},{"sectionNumber":"104A","sectionType":"section","heading":"Ministerial statement of expectations","content":"104A Ministerial statement of expectations\n(1) The Minister may—\n(a) make a statement setting out the Minister’s expectations in\nrelation to the registrar’s functions (a statement of\nexpectations); and\n(b) give the statement of expectations to the registrar.\n(2) Before making a statement of expectations, the Minister must consult\nthe registrar.\n\n(3) The statement of expectations—\n(a) may—\n(i) relate to any function of the registrar; and\n(ii) include any information the Minister believes will assist\nthe registrar in responding to the statement of expectations;\nbut\n(b) must not include a direction about—\n(i) the way in which a function is exercised; or\n(ii) the exercise of a function in relation to an individual or\nclass of person.\n(4) A statement of expectations is a notifiable instrument.\n(5) The registrar must, within 6 sitting days after the reporting period,\ngive a report to the Minister that details—\n(a) any action taken by the registrar to respond to the statement of\nexpectations in effect during the reporting year; and\n(b) if no action, or only part action, was taken in response to the\nstatement of expectations during the reporting year—reasons\nwhy no action, or only part action, was taken in response to the\nstatement of expectations.\nMinister means the Minister responsible for the regulatory functions\nof the registrar (however described) under the administrative\narrangements under the Public Sector Management Act 1994,\nsection 13.\nreporting period, for a statement of expectations, means the\n12-month period after the day the Minister gives the registrar the\nstatement of expectations.\n\n","sortOrder":139},{"sectionNumber":"104B","sectionType":"section","heading":"Determinations about training","content":"104B Determinations about training\n(1) The registrar may determine a course of training for a construction\noccupation or occupation class if the registrar is satisfied on\nreasonable grounds that the training is reasonably necessary for the\ndevelopment or enhancement of the skills or knowledge of licensees\nin the construction occupation or class.\n(2) A determination must state—\n(a) the reasons for determining the training; and\n(b) the consequences under this Act of failing to complete the\ntraining; and\n(c) information about the training, including who must conduct the\ntraining; and\n(d) the latest date by which licensees must complete the training that\nthe registrar considers on reasonable grounds is reasonable.\n(3) A determination is a disallowable instrument.\n","sortOrder":140},{"sectionNumber":"105","sectionType":"section","heading":"Delegation by registrar","content":"105 Delegation by registrar\nThe registrar may delegate the registrar’s functions under this Act or\nanother Territory law to a public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee Legislation Act, pt 19.4.\n","sortOrder":141},{"sectionNumber":"106","sectionType":"section","heading":"Deputy registrars","content":"106 Deputy registrars\n(1) The registrar may appoint a public servant as deputy registrar for each\nconstruction occupation.\n\n(2) The appointment must not be for longer than 3 years.\n(3) A deputy registrar may exercise the functions of the registrar (other\nthan the power to delegate a function) in relation to the construction\noccupation for which the deputy is appointed.\n(4) However, the registrar may—\n(a) limit the functions the deputy registrar may exercise, either in\nthe instrument of appointment or in writing later; and\n(b) give the deputy registrar written directions about the exercise of\nthe functions.\n(5) If the registrar gives the deputy registrar written directions about the\nexercise of a function, the deputy registrar may only exercise the\nfunction in accordance with the directions.\n","sortOrder":142},{"sectionNumber":"107","sectionType":"section","heading":"The register","content":"107 The register\n(1) The registrar must keep a register of licensees.\nNote Particulars about licensees are prescribed under the regulations. This part\nincludes a requirement to record other information in the register.\n(2) The register may be kept in any form, including electronic form, that\nthe registrar decides.\n(3) The register may be divided into parts.\n(4) The registrar must make available to the public information that is—\n(a) included in the register; and\n(b) required by regulation to be made available to the public.\n(5) If a person asks, in writing, to have access to other information on the\nregister, the registrar may give access to the other information.\n\n(6) Before deciding to give access to information requested under\nsubsection (5), the registrar must consider—\n(a) the reason the person requires the information, including\nwhether it is related to the provision of a construction service;\nand\n(b) whether the information includes personal or other information\nthe registrar believes would be inappropriate or illegal to\ndisclose; and\n(c) whether the provision of the information would compromise the\nexercise of a function under this Act or an operational Act.\n","sortOrder":143},{"sectionNumber":"107A","sectionType":"section","heading":"Register—public information","content":"107A Register—public information\n(1) The registrar must publish a register of public information (the public\nregister) at least once a week on a website.\n(2) However, the registrar must update the public register by not later\nthan the end of the next working day after the day when—\n(a) a licensee’s licence is suspended or cancelled under part 5\n(Automatic licence suspension and occupational discipline); or\n(b) the chief police officer gives the registrar a cancellation order\nunder part 5A (Licence cancellation for criminal activity); or\n(c) if a licensee’s licence is suspended under section 97 (Licence\nsuspension) or cancelled under section 98 (Licence\ndisqualification) as a consequence of incurring demerit points—\nthe licensee has exhausted review rights; or\n(d) a licensee’s suspension or cancellation is lifted, overturned or\nexpires; or\n(e) the registrar receives a direction from ACAT or a court about\nrecording or removing information from the register.\n\n(3) For subsection (2) (c), a licensee has exhausted review rights—\n(a) if the licensee has not applied for review of the relevant decision\nwithin the period allowed under the ACT Civil and\nAdministrative Tribunal Act 2008—when the period ends; or\n(b) if the licensee has applied for review of the decision within the\nperiod mentioned in paragraph (a), when the ACAT—\n(i) completes the review; or\n(ii) sets aside the decision.\n(4) The public register must include—\n(a) the name of each licensee and—\n(i) if the licensee is a partnership—the name of each partner\nin the partnership and, if the partnership has an ACN, the\nACN; or\n(ii) if the licensee is a corporation—\n(A) the corporation’s ACN; and\n(B) the name and licence number of each nominee for the\nlicensee, the licensee’s licence number and the\nconstruction occupation or occupation class for which\nthe nominee is nominated; and\n(b) anything else prescribed by regulation.\n(5) In relation to each licence held by the licensee, the public register\nmust include the following:\n(a) the construction occupation or occupation class of the licence;\n(b) the expiry date of the licence;\n(c) any condition on the licence;\nNote For licence conditions—see s 21, s 21A and s 56.\n\n(d) any endorsement on the licence;\nNote For licence endorsements—see s 22.\n(e) any information that must be included under section 110\n(Recording interim licence suspension).\n(6) The public register must also include the following information in\nrelation to licensees that have been licensed in the period beginning\non the day 10 years before the registrar most recently updates the\nregister, unless the information is no longer available:\n(a) details of any suspension under division 5.1 (Automatic licence\nsuspension), including the start date of suspension, the end date\nof suspension and the reason for suspension;\n(b) details of any cancellation under division 5.1, including the date\nof the cancellation and the reason for the cancellation;\n(c) details of any disciplinary action taken by the registrar under\nsection 56 (1) (Occupational discipline) including—\n(i) the kind of action; and\n(ii) the start date of the action; and\n(iii) the end date of the action; and\n(iv) the reason for the action (unless the ACAT orders\notherwise); and\n(v) any other information required to be recorded on the\nregister by the ACAT; and\n(vi) whether the period in which the licensee can apply to the\nACAT for review of the action has expired; and\n(vii) whether the action is under review by the ACAT;\n\n(d) if the ACAT has made a cancellation order under part 5A\n(Licence cancellation for criminal activity) in relation to the\nlicensee—a statement that the cancellation order has been made\nin relation to the licensee;\n(e) details of any occupational discipline order by made by the\nACAT under section 58 (Occupational discipline orders—\nlicensees) including—\n(i) the start date of the order; and\n(ii) the end date of the order; and\n(iii) the nature and effect of the order; and\n(iv) the reason for the order (unless the ACAT orders\notherwise); and\n(v) any other information required to be recorded on the\nregister by the ACAT;\n(f) if the licensee of the licence has been subject to any other form\nof occupational discipline—\n(i) the kind of occupational discipline; and\nExamples—other kinds of occupational discipline\n1 suspension of licence (see s 97)\n2 disqualification of licensee (see s 98)\n(ii) any applicable start and end dates; and\n(iii) the reason for the occupational discipline (unless the\nACAT orders otherwise); and\n(iv) any other information required to be recorded on the\nregister by the ACAT;\n(g) details of any action the registrar has taken under\nsection 95 (2) (c) (Consequences of incurring demerit points—\nlicensees);\n\n(h) details of any licence suspension under section 97 (Licence\nsuspension);\n(i) details of any licence disqualification under section 98 (Licence\ndisqualification);\n(j) details of previous suspensions and cancellations, occupational\ndiscipline, and disciplinary action in the previous 10 years,\nwhether in effect or not, unless the details have been removed\nfrom the register under section 111 (Removal of information\nfrom register);\n(k) details of rectification orders recorded in the register under\nsection 108 (Recording rectification orders);\n(l) details of any contravention of a rectification order recorded in\nthe register under section 109 (Recording contravention of\nrectification orders).\n(7) For subsection (6) (g), (h), (i), (k) and (l), the details mentioned must\nnot be included in the public register—\n(a) unless the licensee has not applied for review of the relevant\ndecision within the period allowed under the ACT Civil and\nAdministrative Tribunal Act 2008; or\n(b) if the licensee has applied for review of the decision, before the\nACAT—\n(i) completes the review; or\n(ii) sets aside the decision.\n(8) The public register—\n(a) must also include details about any order by the ACAT or a court\nin relation to a rectification undertaking given by a licensee that\nhas been licensed in the period beginning on the day 10 years\nbefore the registrar most recently updates the register, and\naccepted by the registrar; and\n\n(b) may include any other details about the rectification undertaking\nif the registrar believes on reasonable grounds that it is necessary\nor desirable to protect the public.\n(9) Information about a rectification undertaking included on the public\nregister under subsection (8) (b) must be removed from the register\nif—\n(a) the undertaking has ended and the registrar no longer believes\non reasonable grounds that its inclusion is necessary or desirable\nto protect the public; or\n(b) the registrar receives a direction from the ACAT or a court, on\napplication by the licensee who gave, or a person affected by,\nthe undertaking, to remove the information.\n","sortOrder":144},{"sectionNumber":"108","sectionType":"section","heading":"Recording rectification orders","content":"108 Recording rectification orders\n(1) If the registrar makes a rectification order, the registrar must include\nthe following in the register in relation to the order:\n(a) the date the order was made;\n(b) what the rectification order required.\n(2) However, the registrar may only include information under\nsubsection (1) if the person to whom the rectification order relates—\n(a) has not applied for review of the decision to make the order\nwithin the period allowed under the ACT Civil and\nAdministrative Tribunal Act 2008; or\n(b) has applied for review of the decision but the ACAT has not set\naside the rectification order.\n","sortOrder":145},{"sectionNumber":"109","sectionType":"section","heading":"Recording contravention of rectification orders","content":"109 Recording contravention of rectification orders\n(a) the registrar is satisfied that an entity has contravened a\nrectification order; and\n\n(b) the registrar proposes to include the details of the contravention\nin the register.\n(2) The registrar must tell the entity in writing that—\n(a) the registrar proposes to include the details of the contravention\nin the register; and\n(b) the entity may make a submission to the registrar about the\ninclusion of the details within the time (the stated time) stated in\nthe notice that is not less than 2 weeks.\n(3) The registrar may include details of the contravention in the register\nif, after considering any submission made within the stated time, the\nregistrar is satisfied that—\n(a) the entity contravened the rectification order; and\n(b) it is appropriate to include the details in the register.\n","sortOrder":146},{"sectionNumber":"110","sectionType":"section","heading":"Recording interim licence suspension","content":"110 Recording interim licence suspension\nIf the registrar suspends a licence under section 59 (Interim licence\nsuspension), the registrar must immediately include the following in\nthe register in relation to the suspension:\n(a) the date of suspension;\n(b) the length of the suspension;\n(c) whether the suspension has been extended.\n","sortOrder":147},{"sectionNumber":"111","sectionType":"section","heading":"Removal of information from register","content":"111 Removal of information from register\n(1) This section applies to information included in the register under the\nfollowing sections:\n(a) section 108 (Recording rectification orders);\n(b) section 109 (Recording contravention of rectification orders);\n(c) section 110 (Recording interim licence suspension).\n\n(2) An entity may apply for the removal of the information from the\nregister if the information relates to something the entity did or did\nnot do.\n(3) On receiving an application from an entity, the registrar may remove\nthe information from the register if satisfied that—\n(a) no further information to which this section applies has been\nrecorded in relation to the entity; and\n(b) it is 5 years or longer since the day, or last day, that the event to\nwhich the information relates happened.\n(4) Subsection (3) does not prevent the registrar keeping a record of\ninformation removed from the register.\n","sortOrder":148},{"sectionNumber":"111A","sectionType":"section","heading":"Register of rectification undertakings","content":"111A Register of rectification undertakings\n(1) The registrar must keep a register of rectification undertakings\n(the undertakings register).\n(2) The undertakings register must include the following details for each\nundertaking:\n(a) the name of the entity that gave the undertaking;\n(b) particulars of the undertaking given;\n(c) the date the undertaking takes effect;\n(d) particulars of any withdrawal or variation of the undertaking,\nincluding the date of the withdrawal or variation;\n(e) anything else prescribed by regulation.\n(3) The undertakings register may include any other information the\nregistrar considers relevant.\n(4) The undertakings register may be kept in any form, including\nelectronically, that the registrar decides.\n\n(5) The registrar may—\n(a) correct a mistake, error or omission in the undertakings register;\nand\n(b) change a detail in the register to keep the register up-to-date.\n","sortOrder":149},{"sectionNumber":"112","sectionType":"section","heading":"Annual report by registrar","content":"112 Annual report by registrar\n(1) The registrar must prepare an annual report under the Annual Reports\n(Government Agencies) Act 2004.\n(2) A report prepared by the registrar under the Annual Reports\n(Government Agencies) Act 2004 for a financial year must include the\ndetails prescribed under the regulations.\n","sortOrder":150},{"sectionNumber":"113","sectionType":"section","heading":"Evidentiary certificates","content":"113 Evidentiary certificates\n(1) The registrar may issue a certificate, signed by the registrar, stating\nthat on a date or during a period stated that—\n(a) an entity named in the certificate was or was not licensed; and\n(b) if the entity was licensed—\n(i) the entity was licensed in the construction occupation, and\noccupation class (if any), in which the entity was licensed;\nand\n(ii) the licence was, or was not, suspended.\n(2) A licence or certificate under this section is evidence of the matters\nstated in it.\n(3) Unless the contrary is proved, a document that purports to be a licence\nor certificate under this section is taken to be such a document.\n\nAdvisory boards Part 10\n","sortOrder":151},{"sectionNumber":"114","sectionType":"section","heading":"Establishment of advisory boards","content":"114 Establishment of advisory boards\n(1) The registrar may establish an advisory board for a construction\noccupation.\n(2) An advisory board may, but need not, relate to more than\n1 construction occupation.\n","sortOrder":152},{"sectionNumber":"115","sectionType":"section","heading":"Constitution of advisory board","content":"115 Constitution of advisory board\n(1) An advisory board must have at least 7, but not more than 9 members.\n(2) At least 4 of the advisory board members must be licensed in the\nconstruction occupation, or 1 of the construction occupations, for\nwhich the advisory board is established.\n(3) Of the 4 advisory board members mentioned in subsection (2), not\nmore than 2 of them may represent a body established to represent the\ninterests of people working in the construction occupation or 1 of the\nconstruction occupations.\n(4) At least 1, but not more than 3, of the advisory board members must\nrepresent an educational institution, or industry training body,\nrelevant to the construction occupation.\n(5) At least 1 of the advisory board members must be a lawyer.\n(6) At least 1 of the advisory board members must be a community\nrepresentative who is not licensed.\n\n","sortOrder":153},{"sectionNumber":"116","sectionType":"section","heading":"Advisory board functions","content":"116 Advisory board functions\nAn advisory board for a construction occupation has the following\nfunctions:\n(a) to provide advice about qualifications for the construction\noccupation if asked by the Minister;\n(b) to help with investigations for the construction occupation if\nasked by the registrar;\n(c) to help develop and maintain information about emerging issues\nin the construction industry related to the construction\noccupation if asked by the registrar.\n\n","sortOrder":154},{"sectionNumber":"117","sectionType":"section","heading":"Who may complain?","content":"117 Who may complain?\n(1) Anyone who believes a licensee is contravening, or a licensee or\nformer licensee has contravened, this Act, or an operational Act, may\ncomplain to the registrar.\n(2) Notice of a contravention given under the Building Act 2004,\nsection 50 (Notification by certifier of contraventions of building and\ndevelopment approvals—building work) is taken to be a complaint\nmade under this section.\n","sortOrder":155},{"sectionNumber":"118","sectionType":"section","heading":"Form of complaint","content":"118 Form of complaint\n(1) A complaint must be—\n(a) in writing; and\n(b) include the name and address of the person making the\ncomplaint (the complainant).\n(2) However, the registrar—\n(a) may accept a complaint for consideration even if it does not\ncomply with subsection (1); and\n(b) must accept a complaint for consideration even if it does not\ncomply with subsection (1) if the complaint is notice given\nunder the Building Act 2004, section 50 (Notification by certifier\nof contraventions of building and development approvals—\nbuilding work).\n(3) If the registrar accepts for consideration a complaint that is not in\nwriting, the registrar must require the complainant to put the\ncomplaint in writing unless there is a good reason for not doing so.\n\n","sortOrder":156},{"sectionNumber":"119","sectionType":"section","heading":"Withdrawal of complaints","content":"119 Withdrawal of complaints\n(1) A complainant may withdraw the complaint at any time by written\nnotice to the registrar.\n(2) If the complainant withdraws the complaint, the registrar—\n(a) need take no further action on the complaint; and\n(b) may continue to act on the complaint if the registrar considers it\nappropriate to do so; and\n(c) need not report to the complainant under section 123 (Action\nafter investigating complaint) on the results of any action on the\ncomplaint.\n","sortOrder":157},{"sectionNumber":"120","sectionType":"section","heading":"Further information about complaint etc","content":"120 Further information about complaint etc\n(1) The registrar may, at any time, require a complainant to give the\nregistrar—\n(a) further information about the complaint; or\n(b) a statement verifying all or part of the complaint.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(2) When making a requirement under this section, the registrar must\ngive the complainant a reasonable period of time within which the\nrequirement is to be satisfied and may extend that period, whether\nbefore or after it ends.\n(3) If the complainant does not comply with a requirement made of the\ncomplainant under subsection (1), the registrar may, but need not,\ntake further action in relation to the complaint.\n(4) To remove any doubt, this section also applies to a complaint that is\na notice given under the Building Act 2004, section 50 (Notification\nby certifier of contraventions of building and development\napprovals—building work).\n\n","sortOrder":158},{"sectionNumber":"121","sectionType":"section","heading":"Investigation of complaint","content":"121 Investigation of complaint\nThe registrar must take reasonable steps to investigate each complaint\nthe registrar accepts for consideration.\nNote A complaint must be in writing, but the registrar may accept a complaint\nthat is not in writing (see s 118).\n","sortOrder":159},{"sectionNumber":"122","sectionType":"section","heading":"No further action","content":"122 No further action\n(1) The registrar must not take further action on a complaint if satisfied\n(a) the complaint lacks substance; or\n(b) the complaint is frivolous, vexatious or was not made in good\nfaith; or\n(c) the complaint has been adequately dealt with.\nNote The registrar may also take no further action on a complaint if the\ncomplainant has not complied with a requirement made under s 120 (1)\n(see s 120 (3)).\n(2) To remove any doubt, this section also applies to a complaint that is\na notice given under the Building Act 2004, section 50 (Notification\nby certifier of contraventions of building and development\napprovals—building work).\n123 Action after investigating complaint\n(1) After investigating a complaint against a licensee or former licensee,\nthe registrar must—\n(a) if satisfied that a ground for occupational discipline exists in\nrelation to the complaint—\n(i) do both of the following:\n(A) apply to the ACAT for an occupational discipline\norder in relation to the licensee;\n\n(B) tell the complainant in writing that the application has\nbeen made; or\n(ii) take the following disciplinary action:\n(A) reprimand the licensee or former licensee;\n(B) require the licensee, or, if the licensee is a corporation\nor partnership, a nominee of the licensee, to complete\na stated course of training to the satisfaction of the\nregistrar or another stated person;\n(C) impose a condition on the licence, or amend an\nexisting condition; or\n(b) if not satisfied that a ground for occupational discipline exists in\nrelation to the complaint—\n(i) tell the complainant in writing that the registrar will take\nno further action on the complaint; and\n(ii) take no further action on the complaint; or\n(c) if satisfied that the subject of the complaint is a residential\nbuilding dispute—refer the complaint to the residential building\ndispute administrator; or\n(d) if the complaint was a notice given under the Building Act 2004,\nsection 50 (Notification by certifier of contraventions of\nbuilding and development approvals—building work) and the\nregistrar is satisfied it should be referred to the territory planning\nauthority—refer the complaint to the territory planning\nauthority.\n(2) Subsection (1) (b) (ii) does not prevent the registrar from taking\nfurther action in relation to a complaint if the registrar becomes\nsatisfied that a ground for occupational discipline exists in relation to\nthe complaint.\n\n(3) The registrar refers the complaint to an entity mentioned in\nsubsection (1) (c) or (d) by giving the entity—\n(a) a copy of the complaint or summary of the information provided\nin the complaint; and\n(b) any information relating to the complaint that the registrar\nconsiders may be helpful to the entity; and\n(c) a statement about why the registrar considers that the entity is\nmore appropriate to deal with the complaint than the registrar.\nNote The registrar need not notify the complainant under subsection (1) if the\ncomplainant has withdrawn the complaint (see s 119).\nresidential building dispute—see the Building Act 2004,\nsection 127B.\nresidential building dispute administrator means the Residential\nBuilding Dispute Administrator appointed under the Building\nAct 2004, section 127F.\n\n123AA Definitions—pt 11AA\nlaw of another jurisdiction means a law of the Commonwealth or a\nState.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\nnon-territory agency means an agency of the Commonwealth or a\nState that exercises functions analogous to those exercised by a public\nsafety agency.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\npublic safety agency means any of the following:\n(a) the registrar;\n(b) the director-general responsible for this Act or an operational\nAct;\n(c) an inspector appointed under an operational Act;\n(d) the director-general responsible for the Emergencies Act 2004;\n(e) the commissioner and chief officers appointed under the\nEmergencies Act 2004;\n(f) an inspector appointed under the Emergencies Act 2004;\n(g) the chief health officer appointed under the Public Health\nAct 1997;\n(h) a public health officer appointed under the Public Health\nAct 1997;\n(i) the registrar under the Professional Engineers Act 2023;\n(j) the director-general responsible for the Work Health and Safety\n\nInformation sharing Part 11AA\n(k) the commissioner appointed under the Work Health and Safety\n(l) an inspector appointed under the Work Health and Safety\n(m) an agency prescribed by regulation.\npublic safety information means information in relation to a situation\nthat presents or is likely to present a risk of death or injury to a person,\nsignificant harm to the environment or significant damage to\nproperty, that is disclosed to, or obtained by, a public safety agency\nbecause the agency is, or has been, a public safety agency.\n123AB Sharing public safety information—territory agencies\n(1) A public safety agency may—\n(a) give public safety information to another public safety agency\n(the receiving agency); and\n(b) impose conditions on how the receiving agency uses, stores or\nshares the information.\n(2) A public safety agency may request public safety information from\nanother public safety agency.\n(3) A public safety agency that receives a request under subsection (2)\nmay comply with the request.\n(4) However, a public safety agency (the giving agency) must not give\npublic safety information to the receiving agency unless the giving\nagency is satisfied that the receiving agency will use the information\nto exercise a function given to the receiving agency under a territory\nlaw.\n\n123ABA Sharing public safety information—non-territory agencies\n(1) A public safety agency may give public safety information to a\nnon-territory agency if the public safety agency is satisfied that the\ninformation relates to—\n(a) a function of the non-territory agency; and\n(b) compliance with a law of another jurisdiction that makes\nprovision for public safety.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(2) A public safety agency may impose conditions on how the\nnon-territory agency uses, stores or shares the public safety\ninformation.\n(3) However, a public safety agency must not give public safety\ninformation under this section unless the public safety agency is\nsatisfied that—\n(a) the non-territory agency that receives the information\n(the receiving agency) will use the information to exercise a\nfunction the receiving agency has under a law mentioned in\nsubsection (1) (b); and\n(b) giving the information will not unreasonably compromise the\nexercise of a function under a territory law.\n\nEnergy efficiency rating statements Part 11AB\nPart 11AB Energy efficiency rating\nstatements\n123AC Meaning of energy efficiency rating statement\nIn this Act:\nenergy efficiency rating statement means a statement prepared in\naccordance with section 123AD.\n123AD Energy efficiency rating statement\n(1) This section applies if a person is required to give an energy\nefficiency rating statement under a territory law.\n• the requirement to give an energy efficiency rating statement under the Civil\nLaw (Sale of Residential Property) Act 2003, s 23\n• the requirement to give an energy efficiency rating statement under the\nResidential Tenancies Act 1997, s 12\n(2) An energy efficiency rating statement must be prepared—\n(a) by a building assessor; and\n(b) in accordance with—\n(i) a code of practice (if any) in relation to the statement; or\n(ii) if a regulation provides for energy efficiency rating\nstatements—the regulation.\n\nPart 11AB Energy efficiency rating statements\n123AE Conflict of interest—building assessors\n(1) A building assessor must not prepare an energy efficiency rating\nstatement for a building if the building assessor is—\n(a) for a statement under the Civil Law (Sale of Residential\nProperty) Act 2003—\n(i) the seller, a family member of the seller under that Act, or\nthe seller’s agent or lawyer; or\n(ii) a member of a firm that the seller under that Act, or the\nseller’s agent or lawyer, is a member of; or\n(iii) someone else carrying on a business if the seller under that\nAct, or the seller’s agent or lawyer or a family member of\nthe seller, has a direct or indirect right to participate in the\nprofits of the business; or\n(b) for a statement under the Residential Tenancies Act 1997—\n(i) the lessor, a family member of the lessor under that Act, or\nthe lessor’s agent or lawyer; or\n(ii) a member of a firm that the lessor under that Act, or the\nlessor’s agent or lawyer, is a member of; or\n(iii) someone else carrying on a business if the lessor under that\nAct, or the lessor’s agent or lawyer or a family member of\nthe lessor, has a direct or indirect right to participate in the\nprofits of the business; or\n(c) in any case—a person who—\n(i) has a legal or equitable interest in the building; or\n(ii) has a financial interest in the building.\n\nEnergy efficiency rating statements Part 11AB\n(2) However, a building assessor who has a conflict of interest mentioned\nin subsection (1) may prepare an energy efficiency rating statement\nif—\n(a) the building assessor prepares the statement for a new building;\nand\n(b) the statement is based on an energy efficiency certificate in\nrelation to the building; and\n(c) the statement is consistent with the certificate; and\n(d) the building assessor gives—\n(i) the registrar a declaration of the assessor’s conflict of\ninterest; and\n(ii) the seller or lessor a copy of the declaration.\nenergy efficiency certificate—see the Building Act 2004,\nsection 139C.\nfamily member, of a person, means—\n(a) the person’s domestic partner; or\n(b) the person’s parent or child; or\n(c) the person’s brother, sister, half-brother or half-sister; or\n(d) the parent or child of the person’s domestic partner.\n\nPart 11A Notification and review of decisions\nPart 11A Notification and review of\ndecisions\n123A Meaning of reviewable decision—pt 11A\nreviewable decision means a decision prescribed by regulation.\n123B Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity prescribed by regulation in\nrelation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":160},{"sectionNumber":"123C","sectionType":"section","heading":"Review of reviewable decisions","content":"123C Review of reviewable decisions\nThe following may apply to the ACAT for a review of a reviewable\ndecision:\n(a) an entity prescribed by regulation for the decision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":161},{"sectionNumber":"125","sectionType":"section","heading":"Protection of registrar, advisory boards etc","content":"125 Protection of registrar, advisory boards etc\n(1) This section applies to a person who is, or has been—\n(a) the registrar or a deputy registrar; or\n(b) an advisory board member.\n(2) A civil proceeding does not lie against a person to whom this section\napplies in relation to loss, damage or injury of any kind to someone\nelse because of an act done, or omitted to be done honestly in the\nexercise (or purported exercise) of a function under this Act.\n","sortOrder":162},{"sectionNumber":"126","sectionType":"section","heading":"AS 3500 and Legislation Act, s 47","content":"126 AS 3500 and Legislation Act, s 47\nThe Legislation Act, section 47 (6) does not apply to AS 3500 under\nthis Act.\n","sortOrder":163},{"sectionNumber":"126A","sectionType":"section","heading":"Codes of practice","content":"126A Codes of practice\n(1) The Minister may approve a code of practice for—\n(a) a construction occupation; or\n(b) a class of construction occupation; or\n(c) a construction service.\n(2) An approved code of practice may consist of a code, standard, rule,\nspecification or provision relating to the construction occupation or\noccupation class, or a construction service, and may apply, adopt or\nincorporate a law or instrument, or a provision of a law or instrument,\nas in force from time to time.\n(3) An approved code of practice is a disallowable instrument.\n\n(4) The Legislation Act, section 47 (5) or (6) does not apply in relation\nto a law or instrument mentioned in subsection (2).\nNote Laws and instruments mentioned in s (2) do not need to be notified under\nthe Legislation Act because s 47 (5) and (6) do not apply (see Legislation\nAct, s 47 (7)).\n","sortOrder":164},{"sectionNumber":"126B","sectionType":"section","heading":"Directors liability for amounts","content":"126B Directors liability for amounts\n(1) Subsection (2) applies if—\n(a) a corporation is convicted of an offence against this Act or an\noperational Act; and\n(b) a penalty for the offence is imposed on the corporation; and\n(c) the amount of the penalty is not paid within the time required for\npayment.\n(2) Liability to pay the amount of the penalty mentioned in subsection (1)\nattaches to—\noffence was committed; and\n(b) each individual who is a director of the corporation when the\npenalty is imposed.\n(3) Subsection (4) applies if—\n(a) the ACAT requires a corporation to pay an amount under\nsection 58 (3); and\n(b) the amount is not paid within the time required for payment.\n(4) Liability to pay the amount mentioned in subsection (3) attaches to—\nact or omission that was a ground for occupational discipline\nhappened; and\n(b) each individual who is a director of the corporation when the\nACAT made the order for payment under section 58 (3).\n\n(5) Subsection (6) applies if—\n(a) a corporation has a debt owing to the Territory under this Act or\nan operational Act; and\n(b) the debt is not paid when it is due.\n(6) Liability to pay the amount mentioned in subsection (5) attaches to—\ndebt was incurred; and\n(b) each individual who is a director of the corporation when\npayment for the debt is due.\n(7) A liability under subsection (2), (4) or (6) to pay an amount applies\nregardless of the status of the corporation, including, for example, that\nthe corporation is being, or has been, wound up.\n(8) If a liability under subsection (2), (4) or (6) to pay an amount attaches\nto 2 or more people, each person is jointly and severally liable for\npayment of the amount.\n","sortOrder":165},{"sectionNumber":"127","sectionType":"section","heading":"Determination of fees","content":"127 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":166},{"sectionNumber":"128","sectionType":"section","heading":"Approved forms","content":"128 Approved forms\n(1) The registrar may approve forms for this Act.\n(2) If the registrar approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n\n","sortOrder":167},{"sectionNumber":"128A","sectionType":"section","heading":"Applying, adopting or incorporating documents in","content":"128A Applying, adopting or incorporating documents in\nregulations\n(1) A regulation may apply, adopt or incorporate (with or without change\nor modification)—\n(a) a law, Australian Standard or Australian/New Zealand Standard\nas in force from time to time; or\n(b) another instrument as in force from time to time.\n(2) The Legislation Act, section 47 (5) and (6) do not apply in relation to\na law, standard or instrument applied, adopted or incorporated under\nsubsection (1).\nNote The law, standard or instrument does not need to be notified under the\nLegislation Act because s 47 (5) and (6) do not apply (see Legislation\nAct, s 47 (7)).\n(3) The director-general must ensure that an instrument applied, adopted\nor incorporated under subsection (1) (b) is—\n(a) available for inspection by anyone without charge during\nordinary business hours at an ACT government office; or\n(b) accessible on an ACT government website, or by a link on an\nACT government website.\n(4) Any instrument that is applied, adopted or incorporated under\nsubsection (1) (b) is not enforceable by or against the Territory or\nanyone else unless it is made accessible in accordance with\nsubsection (3).\n\n","sortOrder":168},{"sectionNumber":"129","sectionType":"section","heading":"Regulation-making power","content":"129 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The regulations may make provision in relation to—\n(a) licences; and\n(b) the keeping of the register, including the particulars that must or\nmay be entered in the register; and\n(c) the supervision of licensees’ activities; and\n(d) rectification orders; and\n(e) compliance with, and administration of, codes of practice.\n(3) The regulations may create offences for contraventions of the\nregulations and fix maximum penalties of not more than 60 penalty\nunits for offences against the regulations.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• bankrupt or personally insolvent\n• building code\n• director-general (see s 163)\n• document\n• entity\n• found guilty\n• Legislation Act\n• occupational discipline order\n• reviewable decision notice\n• State\n• territory planning authority\n• under\n• working day.\nAS 3500 means the following standards, as in force from time to time:\n(a) AS 3500.1.1;\n(b) AS 3500.2.1;\n(c) AS/NZS 3500.\nNote AS 3500 may be purchased at www.standards.org.au.\nauthorised action, for part 4 (Rectification orders, enforceable\nundertakings and other obligations on licensees)—see section 33.\nauthorised licensee, for part 4 (Rectification orders, enforceable\nundertakings and other obligations on licensees)—see section 33.\nbuilder—see section 8.\n\nbuilding assessment work means preparing and providing—\n(a) an energy efficiency certificate under the Building Act 2004; or\n(b) an energy efficiency rating statement; or\n(c) a statement, certificate or other document prescribed by\nregulation.\nNote Energy efficiency certificate—see the Building Act 2004, s 139C.\nbuilding assessor—see section 8A.\nbuilding certification service—see section 9 (3).\nbuilding certifier—see the Building Act 2004, dictionary, definition\nof certifier.\nbuilding service—see section 8 (2).\nbuilding surveyor—see section 9.\nbuilding work—see the Building Act 2004, section 6.\ncancellation order, for division 5A.1 (Cancellation orders)—see\nsection 65.\nclass, of a construction occupation, means a class into which the\noccupation is divided under the regulations (see section 15).\ncode of practice means a code of practice approved under\nsection 126A.\ncompliance auditor, for part 6 (Enforcement)—see section 75.\nconduct means an act or an omission to do an act.\nconstruction occupation—see section 7.\nconstruction practitioner—see section 6.\nconstruction service—see section 6 (2).\n\ncorresponding law means—\n(a) a law of a State corresponding, or substantially corresponding,\nto this Act; or\n(b) a law of a State prescribed by regulation as a corresponding law\nfor this Act.\ncriminal intelligence, for division 5A.2 (Criminal intelligence)—see\nsection 69.\ndemerit ground for occupational discipline, for part 8 (Demerit\npoints system)—see section 89.\ndemerit points register, for part 8 (Demerit points system)—see\nsection 89.\ndirector—see the Corporations Act, section 9AC.\ndisciplinary incident, for part 8 (Demerit points system)—see\nsection 89.\ndrainer—see section 10.\nelectrical wiring service—see section 11 (2).\nelectrician—see section 11.\nemergency rectification order—see section 39.\nendorsement means an endorsement under section 22.\nenergy efficiency rating statement—see section 123AC.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\nentity, for part 4 (Rectification orders, enforceable undertakings and\nother obligations on licensees)—see section 34 (1) (a).\nexemption assessment service—see section 9 (2).\nformer licensee means an entity that has been a licensee.\n\ngas appliance service—see section 12A (2).\ngas appliance worker—see section 12A (1).\ngasfitter—see section 12.\ngasfitting service—see section 12 (2).\nground for occupational discipline—see section 55.\ninformation requirement, for part 6A (Information requirements)—\nsee section 80D.\ninfringement notice—see Magistrates Court Act 1930, section 117.\ninspector, for part 6 (Enforcement)—see section 75.\nlaw of another jurisdiction, for part 11AA (Information sharing)—\nsee section 123AA.\nlicence means a licence under this Act.\nlicensee—\n(a) for division 5.2 (Occupational discipline—licensees)—see\nsection 54; and\n(b) for part 8 (Demerit points system)—see section 89.\nlicence number, for a licence—see section 23 (1) (c).\nmandatory requirement, for division 3.2 (Nominees)—see\nsection 27.\nnominee, of a corporation or partnership, means a person who is\nappointed as a nominee of the corporation or partnership under\nsection 28A.\nnon-territory agency, for part 11AA (Information sharing)—see\n\noccupational discipline means—\n(a) something done by the ACAT by an occupational discipline\norder; or\n(b) something done by the registrar in accordance with an\noccupational discipline order; or\n(c) something done by the registrar under section 95.\noccupation class means a class into which a construction occupation\nis divided under a regulation.\nNote Section 15 provides that a regulation may divide a construction\noccupation into classes.\noccupier, of premises, includes a person believed on reasonable\ngrounds to be an occupier of the premises.\nofficer, for part 6 (Enforcement)—see section 75.\noperational Act—see section 16.\nplumber—see section 13.\nplumbing plan certification service—see section 14 (2).\nplumbing plan certifier—see section 14.\nplumbing service—see section 13 (2).\nprevious 3 years, for part 8 (Demerit points system)—see section 90.\npublic safety agency, for part 11AA (Information sharing)—see\npublic safety information, for part 11AA (Information sharing)—see\nrectification order—see section 38 (1).\nrectification undertaking, for part 4 (Rectification orders,\nenforceable undertakings and other obligations on licensees)—see\nsection 47B.\n\nregister means the register kept under section 107.\nregistrar—see section 103.\nreviewable decision, for part 11A (Notification and review of\ndecisions)—see section 123A.\nsanitary drainage service—see section 10 (2).\nsupervise includes direct.\nworks assessment service—see section 14A (2).\nworks assessment work means—\n(a) undertaking an exemption assessment under the Planning\nAct 2023; or\n(b) providing, including doing anything incidental to providing, a\nunit title assessment report under the Unit Titles Act 2001.\nNote Unit title assessment report—see the Unit Titles Act 2001, s 22B.\nworks assessor—see section 14A (1).\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nConstruction Occupations (Licensing) Act 2004 A2004-12\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nremainder commenced 1 September 2004 (s 2 and CN2004-8)\nas modified by\nConstruction Occupations (Licensing) Regulations 2004 SL2004-36\n(as am by SL2004-44 reg 5; A2005-34 amdt 1.38; SL2005-18 s 4)\ntaken to have been notified LR 26 March 2004 (A2004-12,\ns 151 (3) (a))\nreg 1 taken to have commenced 26 March 2004 (LA s 75 (1))\nremainder commenced 1 September 2004 (A2004-12, s 151 (3) (b))\nConstruction Occupations (Licensing) Amendment Regulations 2004\n(No 1) SL2004-44 reg 5\nnotified LR 8 September 2004\nreg 1, reg 2 commenced 8 September 2004 (LA s 75 (1))\nreg 5 commenced 9 September 2004 (reg 2)\nNote These regulations only amend the Construction Occupations\n(Licensing) Regulations 2004 SL2004-36.\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.9\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.9 commenced 2 June 2005 (s 2 (1))\nConstruction Occupations Legislation Amendment Act 2005\nA2005-34 sch 1 pt 1.3, amdt 1.38\nnotified LR 6 July 2005\ns 1, s 2 commenced 6 July 2005 (LA s 75 (1))\nsch 1 pt 1.3, amdt 1.38 commenced 27 July 2005 (s 2)\n\nConstruction Occupations (Licensing) Amendment Regulation 2005\n(No 1) SL2005-18 s 4\nnotified LR 26 August 2005\ns 1, s 2 commenced 26 August 2005 (LA s 75 (1))\ns 4 commenced 27 August 2005 (s 2)\nNote These regulations only amend the Construction Occupations\n(Licensing) Regulation 2004 SL2004-36.\nConstruction Occupations Legislation Amendment Act 2006\nA2006-15 sch 1 pt 1.2\nnotified LR 6 April 2006\ns 1, s 2 commenced 6 April 2006 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 September 2006 (s 2 and CN2006-19)\nAsbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.4 (as\nam by A2006-24 s 4)\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\namdt 1.29, amdt 1.32 commenced 18 November 2006 (s 2 (2) and\nLA s 79)\namdt 1.30 commenced 1 July 2006 (s 2 (2) and CN2006-14)\nsch 1 pt 1.4 remainder commenced 1 July 2006 (s 2 (1) as am by\nA2006-24 s 4)\nAsbestos Legislation Amendment Act 2006 (No 2) A2006-24\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nremainder commenced 19 May 2006 (s 2)\nNote This Act only amends the Asbestos Legislation Amendment\nAct 2006 A2006-16.\nBuilding Legislation Amendment Act 2007 A2007-26 sch 1 pt 1.3\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\ns 3, amdt 1.87, amdt 1.88 commenced 30 November 2007 (s 2 (1) and\nCN2007-16)\nsch 1 pt 1.3 remainder commences 31 March 2008 (s 2 (1) and see\nPlanning and Development Act 2007 A2007-24, s 2 and CN2008-1)\n\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.16\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.16 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.10\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.10 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nas modified by\nACT Civil and Administrative Tribunal (Transitional Provisions)\nRegulation 2009 SL2009-2 s 67 and sch 1 (as am by A2009-49\namdt 1.2, amdt 1.3)\nnotified LR 29 January 2009\ns 1, s 2 commenced 29 January 2009 (LA s 75 (1))\ns 67 and sch 1 commenced 2 February 2009 (s 2 and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.17\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.17 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 amdt 1.2,\namdt 1.3, sch 1 pt 1.4, sch 3 pt 3.10\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\namdt 1.2, amdt 1.3, sch 1 pt 1.4, sch 3 pt 3.10 commenced\n17 December 2009 (s 2)\nNote This Act also amends the ACT Civil and Administrative Tribunal\n(Transitional Provisions) Regulation 2009 SL2009-2.\n\nConstruction Occupations Legislation Amendment Act 2010 A2010-8\npt 2\nnotified LR 3 March 2010\ns 1, s 2 commenced 3 March 2010 (LA s 75 (1))\npt 2 commenced 4 March 2010 (s 2 (1))\nConstruction Occupations Legislation (Exemption Assessment)\nAmendment Act 2010 A2010-24 pt 3\nnotified LR 8 July 2010\npt 1 commenced 8 July 2010 (s 2 (1))\npt 3 commenced 8 July 2011 (s 2)\nConstruction Occupations Legislation Amendment Act 2010 (No 2)\nA2010-32 pt 4\nnotified LR 1 September 2010\ns 1, s 2 commenced 1 September 2010 (LA s 75 (1))\ns 3 commenced 18 February 2011 (LA s 75AA)\npt 4 commenced 1 March 2011 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.34\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.34 commenced 1 July 2011 (s 2 (1))\nPlanning and Building Legislation Amendment Act 2011 A2011-23\npt 3\nnotified LR 6 July 2011\npt 1 commenced 6 July 2011 (s 2 (1))\ns 7 commenced 8 July 2011 (s 2 (3) and see Construction Occupations\nLegislation (Exemption Assessment) Amendment Act 2010 A2010-24\ns 2)\npt 3 remainder commenced 7 July 2011 (s 2 (5))\nWork Health and Safety (Consequential Amendments) Act 2011\nA2011-55 sch 1 pt 1.2\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 January 2012 (s 2 and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\n\nConstruction and Energy Efficiency Legislation Amendment Act 2013\nA2013-31 pt 6\nnotified LR 26 August 2013\ns 1, s 2 commenced 26 August 2013 (LA s 75 (1))\npt 6 commenced 27 August 2013 (s 2 (3))\nConstruction and Energy Efficiency Legislation Amendment Act 2014\nA2014-2 pt 3\nnotified LR 5 March 2014\ns 1, s 2 commenced 5 March 2014 (LA s 75 (1))\npt 3 commenced 6 March 2014 (s 2)\nConstruction and Energy Efficiency Legislation Amendment Act 2014\n(No 2) A2014-10 pt 2\nnotified LR 17 April 2014\ns 1, s 2 commenced 17 April 2014 (LA s 75 (1))\ns 18, s 19 commenced 17 October 2014 (s 2 (2) and LA s 79)\npt 2 remainder commenced 18 April 2014 (s 2)\nGas Safety Legislation Amendment Act 2014 A2014-38 pt 2\nnotified LR 30 September 2014\ns 1, s 2 commenced 30 September 2014 (LA s 75 (1))\npt 2 commenced 30 March 2015 (s 2 and LA s 79)\nTraining and Tertiary Education Amendment Act 2014 A2014-48 sch 1\npt 1.5\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\nsch 1 pt 1.5 commenced 20 November 2014 (s 2)\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.4\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.4 commenced 17 November 2014 (s 2)\nDangerous Substances (Asbestos Safety Reform) Legislation\nAmendment Act 2014 A2014-53 pt 4\nnotified LR 3 December 2014\ns 1, s 2 commenced 3 December 2014 (LA s 75 (1))\npt 4 commenced 1 January 2015 (s 2)\n\nPlanning, Building and Environment Legislation Amendment Act\n","sortOrder":169},{"sectionNumber":"2015","sectionType":"section","heading":"A2015-12 pt 4","content":"2015 A2015-12 pt 4\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\npt 4 commenced 21 May 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 2 pt 2.3, sch 3 pt 3.15\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 2 pt 2.3, sch 3 pt 3.15 commenced 27 April 2016 (s 2)\nBuilding and Construction Legislation Amendment Act 2016\nA2016-44 pt 5\nnotified LR 19 August 2016\ns 1, s 2 commenced 19 August 2016 (LA s 75 (1))\npt 5 commenced 20 August 2016 (s 2 (1))\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.14\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.14 commenced 1 September 2016 (s 2)\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.3 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.3 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.7\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.7 commenced 9 March 2017 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\n\nBuilding and Construction Legislation Amendment Act 2018 A2018-4\npt 2\nnotified LR 1 March 2018\ns 1, s 2 commenced 1 March 2018 (LA s 75 (1))\npt 2 commenced 2 March 2018 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.5\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.5 commenced 23 October 2018 (s 2 (4))\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.8\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.8 commenced 22 November 2018 (s 2 (1))\nCrimes (Disrupting Criminal Gangs) Legislation Amendment Act 2019\nA2019-43 pt 2\nnotified LR 6 December 2019\ns 1, s 2 commenced 6 December 2019 (LA s 75 (1))\npt 2 commenced 6 June 2020 (s 2 (2) and LA s 79)\nBuilding and Construction Legislation Amendment Act 2019\nA2019-48 pt 5\nnotified LR 9 December 2019\ns 1, s 2 commenced 9 December 2019 (LA s 75 (1))\nss 27-29 commenced 9 June 2020 (s 2 (2) and LA s 79)\npt 5 remainder commenced 10 December 2019 (s 2 (1))\nBuilding and Construction Legislation Amendment Act 2020\nA2020-25 pt 4\nnotified LR 24 June 2020\ns 1, s 2 commenced 24 June 2020 (LA s 75 (1))\ns 18 commenced 25 June 2020 (s 2 (1))\npt 4 remainder commenced 24 June 2022 (s 2 (3))\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.5\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.5 commenced 23 June 2021 (s 2 (1))\n\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.8\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.8 commenced 24 August 2022 (s 2)\nElectricity Safety Amendment Act 2023 A2023-4 pt 2\nnotified LR 15 February 2023\ns 1, s 2 commenced 15 February 2023 (LA s 75 (1))\npt 2 commenced 16 February 2023 (s 2)\nProfessional Engineers Act 2023 A2023-8 sch 2 pt 2.2\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\nsch 2 pt 2.2 commenced 6 March 2025 (s 2 (2) as am by A2023-20\npt 5 and A2024-21 pt 6)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.16\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.16 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nBuilding and Construction Legislation Amendment Act 2023\nA2023-55 pt 6\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\ns 37, s 38 commenced 12 December 2023 (s 2 (4))\ns 39 commenced 11 March 2024 (s 2 (2))\npt 6 remainder commenced 11 December 2024 (s 2 (5))\nBuilding and Construction Legislation Amendment Act 2025 A2025-5\npt 4\nnotified LR 31 March 2025\ns 1, s 2 commenced 31 March 2025 (LA s 75 (1))\npt 4 commenced 1 April 2025 (s 2)\n\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.20, sch 4\npt 4.38\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.20, sch 4 pt 4.38 commenced 16 November 2025\n(s 2 (1), (9))\nBuilding and Construction Legislation Amendment Act 2026 A2026-2\npt 4\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 4 commenced 23 February 2026 (s 2 (1))\n\nCommencement\ns 2 om LA s 89 (4)\nWhat is a construction occupation?\ns 7 sub A2006-16 amdt 1.28\nam A2010-8 s 4; A2010-32 s 16; pars renum R21 LA;\nA2014-53 s 14; pars renum R37 LA; A2025-5 s 14; pars\nrenum R68 LA\nWho is an asbestos assessor?\ns 7A ins A2006-16 amdt 1.28\nom A2014-53 s 15\nWhat is an asbestos removalist?\ns 7B ins A2006-16 amdt 1.28\nom A2014-53 s 16\nWhat is a builder?\ns 8 am A2006-16 amdt 1.29; A2009-20 amdt 3.41; A2015-12\nss 34-36\nWhat is a building assessor?\ns 8A ins A2010-32 s 17\nam A2014-10 s 4\nWhat is a building surveyor?\ns 9 sub A2010-8 s 5\nam A2010-24 ss 27-29; ss, pars renum R24 LA\nWhat is a gasfitter?\ns 12 am A2023-55 s 36\nWhat is a gas appliance worker?\ns 12A ins A2014-38 s 5\nWhat is a plumbing plan certifier?\ns 14 am A2010-8 s 6\nWhat is a works assessor?\ns 14A ins A2010-8 s 7\nam A2010-24 s 30; A2014-10 s 5\nClasses of construction occupations\ns 15 am A2017-4 amdt 3.26\nWhat is an operational Act?\ns 16 sub A2006-16 amdt 1.30\nam A2010-8 s 8; A2010-24 s 31; A2013-31 s 27; A2023-36\namdt 1.95; A2026-2 s 37\n\nConstruction practitioners licences\npt 3 hdg note om A2022-14 amdt 3.54\nLicence applications\ns 17 am A2006-15 amdt 1.19; A2019-48 s 22; ss renum R53 LA;\nA2025-29 amdt 4.38\nEligibility for licence\ns 18 am A2019-48 s 23\nDecision on licence application\ns 19 am A2008-36 amdt 1.92; A2013-31 s 27; ss renum R28 LA;\nA2016-44 s 49, s 50; A2019-48 s 24; pars renum R53 LA\nLicence conditions\ns 21 am A2023-55 s 37\nLicence conditions—licensee’s previous licence cancelled for longer than 1\nyear etc\ns 21A ins A2013-31 s 28\nEligibility for licence renewal\ns 24A ins A2016-44 s 51\nLicence renewal\ns 25 am A2013-31 s 29; ss renum R28 LA; A2016-44 ss 52-55;\nA2019-48 s 25; pars renum R53 LA\nVoluntary licence cancellation\ns 26 am A2017-4 amdt 3.27\nEntitlement to act as works assessor\ns 26A ins A2010-8 s 9\nNotification requirements for licensees\ns 26B ins A2016-44 s 56\nam A2026-2 s 38, s 39\nCriminal liability of executive officers—s 26B\ns 26C ins A2019-48 s 26\nam A2025-29 amdt 3.59\nEligibility for licence—corporations and partnerships\ns 28 hdg sub A2026-2 s 40\ns 28 am A2005-34 amdt 1.22; A2016-44 ss 57-59; A2019-48\nss 27-29; ss renum R55 LA; A2026-2 s 41\nNominees of corporations or partnerships\ns 28A ins A2026-2 s 42\nResignation of nominee\ns 29 am A2017-4 amdt 3.28\n\nRevocation of nominee’s appointment\ns 30 am A2017-4 amdt 3.28\npt 4 hdg sub A2019-48 s 30\nPreliminary\ndiv 4.1 hdg ins A2019-48 s 30\nDefinitions—pt 4\ns 33 hdg sub A2019-48 s 31\ns 33 def entity ins A2019-48 s 32\ndef rectification undertaking ins A2019-48 s 32\nRectification orders and other obligations on licensees\ndiv 4.2 hdg ins A2019-48 s 33\nRectification orders—exercise of registrar’s powers\ns 33A ins A2007-26 amdt 1.87\n(2)-(4) exp 29 February 2008 (s 33A (4) (LA s 88 declaration\napplies))\nam A2010-24 s 32; A2023-36 amdt 1.96, amdt 1.97\nIntention to make rectification order\ns 34 am A2013-31 s 30; A2014-2 s 14; A2019-48 ss 34-36\nWhen rectification order may be made\ns 35 am A2005-34 amdt 1.23; A2016-44 s 60; A2019-48 s 37, s 38\nConsiderations for deciding when rectification order appropriate\ns 36 hdg sub A2019-48 s 39\ns 36 am A2007-26 amdt 1.88\n(4)-(6) exp 29 February 2008 (s 36 (6) (LA s 88 declaration\napplies))\nam A2010-24 s 33; A2023-36 amdt 1.98, amdt 1.99\nRectification order inappropriate\ns 37 am A2008-36 amdt 1.93; A2014-2 s 15\nRectification orders\ns 38 am A2013-31 ss 31-33; ss renum R28 LA; A2019-48 s 40;\nss renum R53 LA\nRectification order—licensee or former licensee wound up etc before order\nmade\ns 39A ins A2019-48 s 41\nam A2026-2 s 43, s 44\n\nRectification order—licensee or former licensee wound up etc after order\nmade\ns 39B hdg sub A2026-2 s 45\ns 39B ins A2019-48 s 41\nam A2026-2 s 46\nRectification order offence\ns 40 am A2014-2 s 16\nFailure to comply with order\ns 41 am A2008-36 amdt 1.94\nProtection of authorised licensees from liability\ns 46 am A2008-36 amdt 1.95\nLicensee to give evidence of insurance\ns 47 am A2025-29 amdt 4.38\nLicensee must comply with determinations about training\ns 47A ins A2013-31 s 34\nRectification undertakings\ndiv 4.3 hdg ins A2019-48 s 42\nRegistrar may accept undertakings\ns 47B ins A2019-48 s 42\nNotice of decision and reasons for decision\ns 47C ins A2019-48 s 42\nWhen rectification undertaking becomes enforceable\ns 47D ins A2019-48 s 42\nWithdrawal or variation of rectification undertaking\ns 47E ins A2019-48 s 42\nEnding rectification undertaking\ns 47F ins A2019-48 s 42\nUndertaking not admission of fault etc\ns 47G ins A2019-48 s 42\nContravention of rectification undertaking\ns 47H ins A2019-48 s 42\nProceeding for contravention or alleged contravention\ns 47I ins A2019-48 s 42\nRectification undertaking offence\ns 47J ins A2019-48 s 42\nAutomatic licence suspension and occupational discipline\npt 5 hdg sub A2008-36 amdt 1.96\n\nAutomatic suspension of individual licence\ns 48 am A2009-49 amdt 3.22\nAutomatic suspension of corporate licence\ns 49 am A2016-44 s 61; A2026-2 s 47\nAutomatic suspension of licence—no nominee\ns 50A ins A2016-44 s 62\nam A2026-2 s 48\nAutomatic suspension of licence—construction occupations\ns 51 am A2006-15 amdt 1.19\nsub A2010-8 s 10\nAutomatic suspension of licence—occupation classes\ns 52 am A2006-15 amdt 1.19\nsub A2010-8 s 10\nSuspension of licence—public safety\ns 52A ins A2010-32 s 18\nam A2014-53 s 17\nEnd of licence suspension\ns 53 hdg sub A2010-32 s 19\ns 53 am A2008-36 amdt 1.97; A2010-8 s 11; A2010-32 s 20;\nA2016-44 s 63, s 64\nCancellation of licence following automatic suspension\ns 53A ins A2019-48 s 43\nOccupational discipline—licensees\ndiv 5.2 hdg sub A2008-36 amdt 1.98\nMeaning of licensee—div 5.2\ns 54 am A2008-28 amdt 3.59\nGrounds for occupational discipline\ns 55 sub A2008-36 amdt 1.98\nam A2013-31 s 35; A2016-44 s 65, s 66\nSkill assessment of licensees\ns 55A ins A2013-31 s 36\nam A2014-48 amdt 1.8; A2017-4 amdt 3.29; A2019-48 s 44\nOccupational discipline\ns 56 hdg sub A2014-2 s 17\ns 56 am A2006-15 amdt 1.6; A2007-26 amdt 1.89\nmod SL2009-2 mod 1.1\nmod lapsed 17 December 2009 (SL2009-2 mod 1.1 om by\nA2009-49 amdt 1.3)\n\nam A2009-49 amdt 1.11; A2014-2 s 18; A2019-48 s 45, s 46;\nss renum R53 LA\nConsiderations before making occupational discipline orders\ns 57 sub A2008-36 amdt 1.98\nam A2013-31 s 37; A2014-2 s 19; A2019-48 ss 47-50\nOccupational discipline orders—licensees\ns 58 sub A2008-36 amdt 1.98\nam A2016-44 s 67\nOccupational discipline orders—directors or partners of licensees\ns 58AA ins A2019-48 s 51\nOccupational discipline orders—related licence of licensee\ns 58A ins A2016-44 s 68\nInterim licence suspension\ns 59 am A2006-15 amdt 1.19\nam A2016-44 s 69\nEffect of interim suspension\ns 60 am A2006-15 amdt 1.7\nam A2016-44 s 70\nRevocation of interim suspension\ns 61 sub A2008-36 amdt 1.98\nBuilders licence affected by occupational discipline or other action\ns 62 am A2006-15 amdt 1.8, amdt 1.19\nEffect of non-renewal on suspended licence\ns 63 sub A2008-36 amdt 1.98\nRequirement to return surrendered licence\ns 64 sub A2008-36 amdt 1.98\nLicence cancellation for criminal activity\npt 5A hdg ins A2019-43 s 4\nCancellation orders\ndiv 5A.1 hdg ins A2019-43 s 4\nMeaning of cancellation order—div 5A.1\ns 65 om A2008-36 amdt 1.98\nApplication for cancellation order\ns 66 om A2008-36 amdt 1.99\n\nCancellation order\ns 67 om A2008-36 amdt 1.99\nRevoking cancellation order\ns 68 om A2008-36 amdt 1.99\nCriminal intelligence\ndiv 5A.2 hdg ins A2019-43 s 4\nMeaning of criminal intelligence—div 5A.2\ns 69 om A2008-36 amdt 1.99\nDisclosure of criminal intelligence\ns 70 om A2008-36 amdt 1.99\nWhether information is criminal intelligence—application and decision\ns 71 om A2008-36 amdt 1.99\nConfidentiality of criminal intelligence—ACAT\ns 72 om A2008-36 amdt 1.99\nConfidentiality of criminal intelligence—courts\ns 73 om A2008-36 amdt 1.99\nDelegation by chief police officer\ns 74 om A2008-36 amdt 1.99\nDisciplinary inquiries\ndiv 5.3 hdg om A2008-36 amdt 1.99\nMiscellaneous\ndiv 5.4 hdg om A2008-36 amdt 1.99\nPreliminary—pt 6\ndiv 6.1 hdg ins A2014-10 s 6\nDefinitions—pt 6\ns 75 sub A2014-10 s 6\ndef compliance auditor sub A2014-10 s 6\ndef inspector ins A2014-10 s 6\ndef officer ins A2014-10 s 6\nCompliance auditors\ndiv 6.2 hdg ins A2014-10 s 6\n\nCompliance auditors—appointment\ns 76 hdg sub A2014-10 s 7\nCompliance auditors—functions\ns 77 hdg sub A2014-10 s 8\nCompliance auditors—entry to premises\ns 78 hdg (prev s 80 hdg) sub A2013-31 s 38; A2014-10 s 10\ns 78 orig s 78\nam A2005-20 amdt 3.91; ss renum R5 LA (see A2005-20\namdt 3.92)\nom A2014-10 s 9\npres s 78\n(prev s 80) am A2013-31 ss 39-43; ss renum R28 LA;\nA2014-10 s 11\nrenum as s 78 A2014-10 s 10\nam A2017-4 amdt 3.30\nCompliance auditors—production of documents\ns 79 hdg (prev s 80B hdg) sub A2014-10 s 13\ns 79 orig s 79\nom A2014-10 s 9\npres s 79\n(prev s 80B) ins A2013-31 s 44\nrenum as s 79 A2014-10 s 13\nNon-compliance with s 79 notice\ns 80 hdg (prev s 80C hdg) sub A2014-10 s 14\ns 80 orig s 80\nrenum as s 78\npres s 80\n(prev s 80C) ins A2013-31 s 44\nam A2014-10 s 15, s 16\nrenum as s 80 A2014-10 s 14\nConsent to entry\ns 80A ins A2013-31 s 44\nom A2014-10 s 12\nFunctions of compliance auditors—production of documents\ns 80B renum as s 79\nNon-compliance with s 80B notice\ns 80C renum as s 80\nInspectors\ndiv 6.3 hdg ins A2014-10 s 17\nInspectors—appointment\ns 80CA ins A2014-10 s 17\n\nInspectors—functions\ns 80CB ins A2014-10 s 17\nInspectors—entry to premises\ns 80CC ins A2014-10 s 17\nam A2017-4 amdt 3.31\nInspectors—power to seize things\ns 80CD ins A2014-10 s 17\nInspectors—receipt for things seized\ns 80CE ins A2014-10 s 17\nAccess to things seized\ns 80CF ins A2014-10 s 17\nReturn of things seized\ns 80CG ins A2014-10 s 17\nIdentity cards—compliance auditors and inspectors\ndiv 6.4 hdg ins A2014-10 s 17\nIdentity cards\ns 80CH ins A2014-10 s 17\nFunctions not to be exercised before identity card shown\ns 80CI ins A2014-10 s 17\nConsent to entry\ns 80CJ ins A2014-10 s 17\nam A2017-4 amdt 3.32\nSearch warrants\ndiv 6.5 hdg ins A2014-10 s 17\nWarrants generally\ns 80CK ins A2014-10 s 17\nWarrants—application made other than in person\ns 80CL ins A2014-10 s 17\nam A2018-33 amdt 1.10, amdt 1.11\nSearch warrants—announcement before entry\ns 80CM ins A2014-10 s 17\nam A2022-14 amdt 3.55\nDetails of search warrant to be given to occupier etc\ns 80CN ins A2014-10 s 17\nOccupier entitled to be present during search etc\ns 80CO ins A2014-10 s 17\nMoving things to another place for examination or processing\ns 80CP ins A2014-10 s 17\n\nInformation requirements\npt 6A hdg ins A2013-31 s 45\nMeaning of information requirement—pt 6A\ns 80D ins A2013-31 s 45\nInformation requirements\ns 80E ins A2013-31 s 45\nam A2016-44 s 71\nTreatment of documents provided under information requirement\ns 80F ins A2013-31 s 45\nContravention of information requirement\ns 80G ins A2013-31 s 45\nNo nominee\ns 82 am A2006-15 amdt 1.9\nAdvertising without details\ns 83 mod SL2004-36 reg 52 (as am by SL2004-44 reg 5; om\nR4 LA)\n(3)-(5) exp 9 March 2005 (s 83 (5))\nam A2005-34 amdt 1.24, amdt 1.25; A2006-15 amdt 1.10\nCertain entities not to provide construction services\ns 84 am A2006-15 amdt 1.11, amdt 1.12; A2023-4 ss 4-7; ss renum\nR60 LA\nAllowing unlicensed people to provide construction service\ns 85 am A2006-15 amdt 1.13, amdt 1.14; A2023-4 ss 8-11;\nss renum R60 LA\nSurrender of licences\ns 86 am A2006-15 amdt 1.15\nBreach of licence conditions or codes\ns 87 am A2006-15 amdt 1.16; A2016-44 s 72\nNotification of cancellation of insurance\ns 88 am A2006-15 amdt 1.19; A2010-8 s 12\nDefinitions—pt 8\ns 89 sub A2008-36 amdt 1.100\ndef demerit disciplinary ground om A2008-36 amdt 1.100\ndef demerit ground for occupational discipline ins\nA2008-36 amdt 1.100\ndef demerit points register sub A2008-36 amdt 1.100\ndef disciplinary incident sub A2008-36 amdt 1.100\ndef infringement notice sub A2008-36 amdt 1.100\ndef licensee am A2006-15 amdt 1.19\nsub A2008-36 amdt 1.100\n\nRecording demerit points\ns 91 am A2008-36 amdt 1.101; A2009-49 amdt 3.23\nWhen demerit points are incurred\ns 92 am A2008-36 amdt 1.101\nDeleting demerit points\ns 93 am A2008-36 amdt 1.102\nConsequences of incurring demerit points—licensees\ns 95 am A2008-36 amdt 1.103\nSecurity and disclosure of information in demerit points register\ns 102 am A2014-49 amdt 1.7; A2016-55 amdt 4.5\nConstruction occupations registrar\ns 103 am A2006-16 amdt 1.31; A2010-8 s 13; pars renum R20 LA;\nA2010-32 s 21; pars renum R21 LA; A2011-22 amdt 1.101;\nA2014-53 s 18; pars renum R37 LA; A2014-38 s 6; pars\nrenum R39 LA; A2017-4 amdt 3.33\nRegistrar’s functions\ns 104 am A2008-36 amdt 1.104, amdt 1.105; A2011-23 s 6;\nA2010-24 s 34; A2011-23 s 7\nMinisterial statement of expectations\ns 104A ins A2010-32 s 22\nam A2011-23 s 8; A2013-31 s 46, s 47\n(6)-(8) exp 27 August 2014 (s 104A (8))\nom A2016-44 s 73\nins A2020-25 s 18\nDeterminations about training\ns 104B ins A2013-31 s 48\nDeputy registrars\ns 106 am A2013-31 s 49; A2017-4 amdt 3.34\nThe register\ns 107 am A2014-10 s 18\nRegister—public information\ns 107A ins A2014-10 s 19\nam A2019-48 s 52, s 53; pars renum R53 LA; A2019-43 s 5,\ns 6; pars renum R54 LA\nRecording rectification orders\ns 108 am A2008-36 amdt 1.106; A2019-48 s 54\nRecording contravention of rectification orders\ns 109 am A2006-15 amdt 1.19\n\nRecording interim licence suspension\ns 110 am A2008-36 amdt 1.107\nRemoval of information from register\ns 111 am A2006-15 amdt 1.19\nRegister of rectification undertakings\ns 111A ins A2019-48 s 55\nAnnual report by registrar\ns 112 am A2016-52 amdt 1.50\nEstablishment of advisory boards\ns 114 (3), (4) exp 1 September 2005 (s 114 (4))\nam A2023-55 s 38\nAdvisory board functions\ns 116 am A2008-36 amdt 1.108\nsub A2016-44 s 74\nWho may complain?\ns 117 am A2007-26 amdt 1.90\nForm of complaint\ns 118 am A2007-26 amdt 1.91; A2016-18 amdt 2.3\nFurther information about complaint etc\ns 120 am A2007-26 amdt 1.92; A2016-18 amdt 3.63\nNo further action\ns 122 am A2007-26 amdt 1.93\nAction after investigating complaint\ns 123 am A2007-26 amdt 1.94, amdt 1.95; A2008-36 amdt 1.109,\namdt 1.110\nmod SL2009-2 mod 1.2\nmod lapsed 17 December 2009 (SL2009-2 mod 1.2 om by\nA2009-49 amdt 1.3)\nam A2009-49 amdt 1.12; A2020-25 s 19, s 20; pars renum\nR58 LA; A2023-36 amdt 1.100\nInformation sharing\npt 11AA hdg ins A2010-32 s 23\nDefinitions—pt 11AA\ns 123AA ins A2010-32 s 23\ndef law of another jurisdiction ins A2018-4 s 4\ndef non-territory agency ins A2018-4 s 4\ndef public safety agency ins A2010-32 s 23\nam A2011-22 amdt 1.102; A2011-55 amdt 1.3; A2023-8\namdt 2.4; pars renum R66 LA; A2025-5 s 15; pars renum\nR68 LA\n\ndef public safety information ins A2010-32 s 23\nSharing public safety information—territory agencies\ns 123AB ins A2010-32 s 23\nsub A2018-4 s 5\nSharing public safety information—non-territory agencies\ns 123ABA ins A2018-4 s 5\nEnergy efficiency rating statements\npt 11AB hdg ins A2010-32 s 23\nMeaning of energy efficiency rating statement\ns 123AC ins A2010-32 s 23\nEnergy efficiency rating statement\ns 123AD ins A2010-32 s 23\nConflict of interest—building assessors\ns 123AE ins A2010-32 s 23\nNotification and review of decisions\npt 11A hdg ins A2008-36 amdt 1.111\nMeaning of reviewable decision—pt 11A\ns 123A ins A2008-36 amdt 1.111\nReviewable decision notices\ns 123B ins A2008-36 amdt 1.111\nReview of reviewable decisions\ns 123C ins A2008-36 amdt 1.111\nReview of decisions\ns 124 am A2006-15 amdt 1.19\nom A2008-36 amdt 1.112\nProtection of registrar, advisory boards etc\ns 125 am A2008-36 amdt 1.113\nCodes of practice\ns 126A ins A2016-44 s 75\nam A2022-14 amdt 3.56; A2025-29 amdt 4.38\nDirectors liability for amounts\ns 126B ins A2019-48 s 56\nDetermination of fees\ns 127 am A2017-4 amdt 3.35; A2025-29 amdt 4.38\n\nApproved forms\ns 128 am A2025-29 amdt 4.38\nApplying, adopting or incorporating documents in regulations\ns 128A ins A2025-5 s 16\nam A2025-29 amdt 3.60, amdt 3.61; pars renum R70 LA\nRegulation-making power\ns 129 am A2016-44 s 76, s 77; A2025-5 s 17\nRepeals and transitional provisions\npt 13 hdg exp 1 September 2005 (s 153 (1))\nDefinitions for pt 13\ns 130 exp 1 September 2005 (s 153 (1))\nReview of Act\ns 131 om A2017-4 amdt 3.36\nLegislation repealed\ns 132 om LA s 89 (3)\nEnd of licences or registration of people taken to be licensed or registered\ns 133 exp 1 September 2005 (s 153 (1))\nBuilding surveyors\ns 134 exp 1 September 2005 (s 153 (1))\nElectricians\ns 135 table renum R6 LA\nPlumbers, drainers and gasfitters\ns 136 exp 1 September 2005 (s 153 (1))\nFire sprinkler’s licence\ns 137 mod SL2004-36 reg 53 (as am by SL2004-44 reg 5)\nmod lapsed 27 July 2005 when s 53 SL2004-36 om by\nam A2005-34 amdt 1.26\nPlumbing plan certifiers\ns 138 exp 1 September 2005 (s 153 (1))\nSuspensions under repealed Act\ns 139 exp 1 September 2005 (s 153 (1))\nSuspended electricians\ns 140 exp 1 September 2005 (s 153 (1))\nApplication of rectification orders\ns 141 am A2005-34 amdt 1.27\n\nApplications for registration under repealed Act\ns 142 exp 1 September 2005 (s 153 (1))\nFormer licensee in s 54 (3)\ns 143 am A2005-34 amdt 1.28\nApplications for builders’ licences under Building Act\ns 144 exp 1 September 2005 (s 153 (1))\nEligible applicants for builders’ licences without qualifications\ns 145 exp 1 September 2005 (s 153 (1))\nCurrent builder’s licence\ns 146 exp 1 September 2005 (s 153 (1))\nApplications for licence or permit under Electricity Safety Act\ns 147 exp 1 September 2005 (s 153 (1))\nApplications for licence or certificate of competency under Plumbers,\nDrainers and Gasfitters Board Act\ns 148 exp 1 September 2005 (s 153 (1))\nContraventions before commencement day\ns 149 mod SL2004-36 s 52 (as am by SL2005-18 s 4)\nMeaning of demerit disciplinary ground for pt 8\ns 150 exp 1 September 2005 (s 153 (1))\nSupervision by nominees—Act, s 28 (3) (b)\ns 151 exp 1 September 2004 (s 151 (5))\nins as mod SL2004-36 reg 54 (as am by SL2004-44 reg 5)\nmod lapsed 27 July 2005 when s 54 SL2004-36 om by\nWater and Sewerage Act, s 49 (5)\ns 151A ins as mod SL2004-36 reg 54 (as am by SL2004-44 reg 5)\nmod lapsed 27 July 2005 when s 54 SL2004-36 om by\nTransitional regulations\ns 152 exp 1 September 2005 (s 153 (1))\nExpiry of pt 13\ns 153 exp 1 September 2005 (s 153 (1))\nTransitional—Construction Occupations Legislation Amendment Act 2006\npt 14 hdg ins A2006-15 amdt 1.17\nom R33 LA\n\nTransitional—conduct engaged in before 1/9/04\ns 154 ins A2006-15 amdt 1.17\nam A2008-36 amdt 1.114\nexp 31 August 2014 (s 154 (3) (LA s 88 declaration applies))\nTransitional—Asbestos Legislation Amendment Act 2006\npt 15 hdg ins A2006-16 amdt 1.32\nEffect of building licence authorising building work involving asbestos\ns 155 ins A2006-16 amdt 1.32\nRenewal of building surveyor licences\ns 156 ins A2006-16 amdt 1.32\nExpiry—pt 15\ns 157 ins A2006-16 amdt 1.32\nTransitional—Construction Occupations Legislation Amendment Act 2010\nand Construction Occupations Legislation (Exemption Assessment)\nAmendment Act 2010\npt 16 hdg ins A2010-24 s 35\nMeaning of commencement day—pt 16\ns 158 ins A2010-24 s 35\nTransitional regulations\ns 159 ins A2010-24 s 35\nExpiry—pt 16\ns 160 ins A2010-24 s 35\nTransitional—energy efficiency rating statements\npt 17 hdg ins A2010-32 s 24\nGeneral\ndiv 17.1 hdg ins A2010-32 s 24\nMeaning of commencement day—pt 17\ns 161 ins A2010-32 s 24\n\nTransitional effect—Disapplication of Legislation Act, s 88\ns 162 ins A2010-32 s 24\nExpiry—pt 17\ns 163 ins A2010-32 s 24\n(2) exp 1 March 2012 (s 163 (2))\nEnergy efficiency rating statements\ndiv 17.2 hdg ins A2010-32 s 24\nDefinitions—div 17.2\ns 164 ins A2010-32 s 24\ndef old energy efficiency rating ins A2010-32 s 24\ndef old energy efficiency rating statement ins A2010-32\ns 24\nTransitional—status of old energy efficiency rating\ns 165 ins A2010-32 s 24\nTransitional—status of old energy efficiency rating statement\ns 166 ins A2010-32 s 24\nRegistered assessors\ndiv 17.3 hdg ins A2010-32 s 24\nMeaning of registered assessor—div 17.3\ns 167 ins A2010-32 s 24\nTransitional—status of registered assessor\ns 168 ins A2010-32 s 24\nTransitional—endorsement of licence to operate software\ns 169 ins A2010-32 s 24\nTransitional—new licence application information\npt 18 hdg ins A2013-31 s 50\nom R32 LA\n\nCertain information to be given to registrar\ns 170 ins A2013-31 s 50\nexp 27 August 2014 (s 170 (5))\nTransitional—rectification orders\npt 19 hdg ins A2014-2 s 20\nMeaning of commencement day—pt 19\ns 171 ins A2014-2 s 20\nFurther notice about making rectification order\ns 172 ins A2014-2 s 20\nExpiry—pt 19\ns 173 ins A2014-2 s 20\nTransitional—Construction and Energy Efficiency Legislation Amendment\nAct 2014 (No 2)\npt 20 hdg ins A2014-10 s 20\nConduct engaged in before commencement of amending Act\ns 180 ins A2014-10 s 20\nExpiry—pt 20\ns 181 ins A2014-10 s 20\nTransitional—Gas Safety Legislation Amendment Act 2014\npt 21 hdg ins A2014-38 s 7\nom R67 LA\nDefinitions—pt 21\ns 182 ins A2014-38 s 7\ndef code ins A2014-38 s 7\ndef commencement day ins A2014-38 s 7\nValidation of code\ns 183 ins A2014-38 s 7\nAccreditation under code\ns 184 ins A2014-38 s 7\n\nCertain information to be given to registrar\ns 185 ins A2014-38 s 7\nPending applications for accreditation\ns 186 ins A2014-38 s 7\nPending suspension or cancellation of accreditation\ns 187 ins A2014-38 s 7\nReview rights preserved\ns 188 ins A2014-38 s 7\nConduct engaged in before commencement day\ns 189 ins A2014-38 s 7\nam A2018-42 amdt 3.32\nexp 30 March 2025 (s 189 (2))\nExpiry—pt 21\ns 190 ins A2014-38 s 7\nTransitional—Building and Construction Legislation Amendment Act 2016\npt 22 hdg ins A2016-44 s 78\nDefinitions—pt 22\ns 191 ins A2016-44 s 78\ndef commencement day ins A2016-44 s 78\ndef previous Act ins A2016-44 s 78\nEnd of suspension and interim suspension\ns 192 ins A2016-44 s 78\nExpiry—pt 22\ns 193 ins A2016-44 s 78\nTransitional—Building and Construction Legislation Amendment Act 2023\npt 23 hdg ins A2023-55 s 39\nTransitional—distributed energy resource work\ns 194 ins A2023-55 s 39\n\nExpiry—pt 23\ns 195 ins A2023-55 s 39\nValidation—gas appliance workers\npt 24 hdg ins A2025-5 s 18\nValidation of gas appliance worker as construction occupation\ns 196 ins A2025-5 s 18\nExpiry—pt 24\ns 197 ins A2025-5 s 18\nNew regulations\nsch 1 om R1 LA\ndict am A2008-36 amdt 1.115; A2009-49 amdt 3.24; A2010-32\ns 25; A2011-22 amdt 1.103; A2013-31 s 51; A2017-4\namdt 3.37; A2023-36 amdt 1.101\ndef AS 3500 mod SL2004-36 reg 55 (as am by SL2004-44\nreg 5)\nsub A2005-34 amdt 1.29\nam A2017-4 amdt 3.38\ndef asbestos assessment service ins A2006-16 amdt 1.33\ndef asbestos assessor ins A2006-16 amdt 1.33\ndef asbestos removalist ins A2006-16 amdt 1.33\ndef asbestos removal service ins A2006-16 amdt 1.33\ndef building assessment work ins A2014-10 s 21\ndef building assessor ins A2010-32 s 26\ndef building certification service ins A2009-20 amdt 3.42\ndef building service ins A2009-20 amdt 3.42\ndef cancellation order ins A2019-43 s 7\ndef code of practice ins A2010-32 s 26\nam A2016-44 s 79\ndef compliance auditor sub A2014-10 s 22\ndef conduct ins A2006-15 amdt 1.18\ndef construction service ins A2009-20 amdt 3.42\ndef corresponding law ins A2013-31 s 52\ndef criminal intelligence ins A2019-43 s 7\ndef daily ACT newspaper om A2009-20 amdt 3.43\ndef demerit disciplinary ground om A2017-4 amdt 3.39\n\ndef demerit ground for occupational discipline ins A2017-4\namdt 3.40\ndef director ins A2025-5 s 19\ndef disciplinary action om A2008-36 amdt 1.116\ndef disciplinary ground om A2008-36 amdt 1.116\ndef disciplinary notice om A2008-36 amdt 1.116\ndef electrical wiring service ins A2009-20 amdt 3.44\ndef energy efficiency rating statement ins A2010-32 s 26\ndef engage ins A2006-15 amdt 1.18\ndef entity ins A2021-12 amdt 3.10\ndef exemption assessment service ins A2017-4 amdt 3.40\ndef former licensee am A2006-15 amdt 1.19\ndef gas appliance service ins A2017-4 amdt 3.40\ndef gas appliance worker ins A2017-4 amdt 3.40\ndef gasfitting service ins A2009-20 amdt 3.44\ndef ground for occupational discipline ins A2008-36\namdt 1.117\ndef information requirement ins A2013-31 s 52\ndef inquiry om A2008-36 amdt 1.118\ndef inspector ins A2014-10 s 23\ndef licensee sub A2008-36 amdt 1.119\ndef law of another jurisdiction ins A2018-4 s 6\ndef mandatory requirement ins A2017-4 amdt 3.42\ndef mandatory requirements om A2017-4 amdt 3.41\ndef nominee am A2017-4 amdt 3.43; A2026-2 s 49\ndef non-territory agency ins A2018-4 s 6\ndef occupation class am A2017-4 amdt 3.44\ndef occupational discipline ins A2008-36 amdt 1.120\ndef occupier ins A2013-31 s 52\ndef officer ins A2014-10 s 23\ndef plumbing plan certification service ins A2009-20\namdt 3.44\ndef plumbing service ins A2009-20 amdt 3.44\ndef public safety agency ins A2010-32 s 26\ndef public safety information ins A2010-32 s 26\ndef rectification undertaking ins A2021-12 amdt 3.10\ndef reviewable decision ins A2008-36 amdt 1.121\ndef reviewable decisions om A2008-36 amdt 1.121\ndef sanitary drainage service ins A2009-20 amdt 3.44\ndef storey om A2017-4 amdt 3.45\ndef works assessment service ins A2010-8 s 14\ndef works assessment work ins A2014-10 s 23\nam A2023-36 amdt 1.102\ndef works assessor ins A2010-8 s 14\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 Sept 2004\n1 Sept 2004–\n1 Sept 2004\nnot amended new regulations\n2 Sept 2004\n2 Sept 2004–\n8 Sept 2004\nnot amended commenced expiry\n9 Sept 2004\n9 Sept 2004–\n9 Mar 2005\nnot amended modifications by\nSL2004-36 as am\nby SL2004-44\n10 Mar 2005\n10 Mar 2005–\nnot amended commenced expiry\n2 June 2005–\nA2005-20 amendments by\nA2005-20\nR6 (RI)\n27 July 2005–\n26 Aug 2005\nA2005-34 amendments by\nA2005-34\nreissue for textual\ncorrection in s 83\n27 Aug 2005\n27 Aug 2005–\n1 Sept 2005\nA2005-34 modifications by\nSL2004-36 as am\nby SL2005-18\nR8 (RI)\n2 Sept 2005–\nA2005-34 commenced expiry\nreissue for\nrepublication\ncorrection\n1 July 2006–\n31 Aug 2006\nA2006-24 amendments by\nA2006-16 as\nA2006-24\n\nfor\n1 Sept 2006\n1 Sept 2006–\n17 Nov 2006\nA2006-24 amendments by\nA2006-15\n18 Nov 2006\n18 Nov 2006–\n18 Nov 2007\nA2006-16 amendments by\nA2006-16\n19 Nov 2007\n19 Nov 2007–\n29 Nov 2007\n30 Nov 2007\n30 Nov 2007–\n29 Feb 2008\n1 Mar 2008\n1 Mar 2008–\n30 Mar 2008\nR15*\n31 Mar 2008\n31 Mar 2008–\n25 Aug 2008\nA2007-26 amendments by\nA2007-26\n26 Aug 2008\n26 Aug 2008–\n1 Feb 2009\nA2008-28 amendments by\nA2008-28\n2 Feb 2009\n2 Feb 2009–\n21 Sept 2009\nSL2009-2 amendments by\nA2008-36 and\nmodifications by\nSL2009-2\n22 Sept 2009\n22 Sept 2009–\n16 Dec 2009\nA2009-20 amendments by\nA2009-20\n17 Dec 2009\n17 Dec 2009–\n3 Mar 2010\nA2009-49 amendments by\nA2009-49\n4 Mar 2010\n4 Mar 2010–\n28 Feb 2011\nA2010-8 amendments by\nA2010-8\n1 Mar 2011\n1 Mar 2011–\nA2010-32 amendments by\nA2010-32\n1 July 2011–\nA2011-22 amendments by\nA2011-22\n7 July 2011–\nA2011-23 amendments by\nA2011-23\n8 July 2011–\n31 Dec 2011\nA2011-23 amendments by\nA2010-24 and\nA2011-23\n\nfor\n1 Jan 2012\n1 Jan 2012–\n1 Mar 2012\nA2011-55 amendments by\nA2011-55\n2 Mar 2012\n2 Mar 2012–\nA2011-55 expiry of\nprovisions\n(s 163 (2) and\ndiv 17.3)\n9 July 2013–\n26 Aug 2013\nA2011-55 expiry of\nprovisions (pt 16)\n27 Aug 2013\n27 Aug 2013–\n1 Mar 2014\nA2013-31 amendments by\nA2013-31\n2 Mar 2014\n2 Mar 2014–\n5 Mar 2014\nA2013-31 expiry of\nprovisions (pt 17)\n6 Mar 2014\n6 Mar 2014–\n17 Apr 2014\nA2014-2 amendments by\nA2014-2\n18 Apr 2014\n18 Apr 2014\n27 Aug 2014\nA2014-10 amendments by\nA2014-10\n28 Aug 2014\n28 Aug 2014\n31 Aug 2014\nA2014-10 expiry of provision\n(s 104A (6)-(8))\nand transitional\nprovision (s 170)\n1 Sept 2014\n1 Sept 2014–\n16 Oct 2014\nA2014-10 expiry of\nprovisions (pt 14)\n17 Oct 2014\n17 Oct 2014–\n16 Nov 2014\nA2014-10 amendments by\nA2014-10\n17 Nov 2014\n17 Nov 2014–\n19 Nov 2014\nA2014-49 amendments by\nA2014-49\n20 Nov 2014\n20 Nov 2014–\n31 Dec 2014\nA2014-49 amendments by\nA2014-49\n1 Jan 2015\n1 Jan 2015–\n6 Mar 2015\nA2014-53 amendments by\nA2014-53\n\nfor\n7 Mar 2015\n7 Mar 2015–\n29 Mar 2015\nA2014-53 expiry of\nprovisions (pt 19)\n30 Mar 2015\n30 Mar 2015–\n18 Apr 2015\nA2014-53 amendments by\nA2014-38\n19 Apr 2015\n19 Apr 2015–\nA2014-53 expiry of\nprovisions (pt 20)\n21 May 2015–\n26 Apr 2016\nA2015-12 amendments by\nA2015-12\n27 Apr 2016\n27 Apr 2016–\n19 Aug 2016\nA2016-18 amendments by\nA2016-18\n20 Aug 2016\n20 Aug 2016–\n31 Aug 2016\nA2016-44 amendments by\nA2016-44\n1 Sept 2016\n1 Sept 2016–\n8 Mar 2017\nA2016-52 amendments by\nA2016-52\n9 Mar 2017\n9 Mar 2017–\nA2017-4 amendments by\nA2017-4\n24 May 2017–\n20 Aug 2017\nA2017-14 updated endnotes\nA2017-14\n21 Aug 2017\n21 Aug 2017–\n31 Dec 2017\nA2017-14 expiry of\nprovisions (pt 22)\n1 Jan 2018\n1 Jan 2018–\n1 Mar 2018\nA2017-14 amendments bv\nA2016-55 as\nA2017-14\n2 Mar 2018\n2 Mar 2018–\n30 Mar 2018\nA2018-4 amendments by\nA2018-4\n31 Mar 2018\n31 Mar 2018–\n22 Oct 2018\nA2018-4 expiry of\nprovisions\n(ss 182-188 and\ns 190)\n\nfor\n23 Oct 2018\n23 Oct 2018–\n21 Nov 2018\nA2018-33 amendments by\nA2018-33\n22 Nov 2018\n22 Nov 2018–\n9 Dec 2019\nA2018-42 amendments by\nA2018-42\n10 Dec 2019\n10 Dec 2019–\nA2019-48\n6 June 2020–\nA2019-43\n9 June 2020–\nA2019-48\n25 June 2020–\nA2020-25 amendments by\nA2020-25\n23 June 2021–\nA2021-12 amendments by\nA2021-12\n24 June 2022–\n23 Aug 2022\nA2021-12 amendments by\nA2020-25\n24 Aug 2022\n24 Aug 2022–\n15 Feb 2023\nA2022-14 amendments by\nA2022-14\n16 Feb 2023\n16 Feb 2023–\n26 Nov 2023\nA2023-4 amendments by\nA2023-4\n27 Nov 2023\n27 Nov 2023–\n11 Dec 2023\nA2023-36 amendments by\nA2023-36\n12 Dec 2023\n12 Dec 2023–\n10 Mar 2024\n11 Mar 2024\n11 Mar 2024–\n11 Sept 2024\n12 Sept 2024\n12 Sept 2024–\n10 Dec 2024\nA2023-55 expiry of\nprovisions (pt 23)\n11 Dec 2024\n11 Dec 2024–\n5 Mar 2025\n\n6 Expired transitional or validating provisions\nfor\n6 Mar 2025\n6 Mar 2025–\n30 Mar 2025\nA2023-8 as\nA2023-20 and\nA2024-21\n31 Mar 2025\n31 Mar 2025–\n31 Mar 2025\nA2023-55 expiry of\nprovision (s 189)\n1 Apr 2025\n1 Apr 2025–\n1 Apr 2025\nA2025-5 amendments by\nA2025-5\n2 Apr 2025\n2 Apr 2025–\n15 Nov 2025\nA2025-5 expiry of validation\nprovisions (pt 24)\n16 Nov 2025\n16 Nov 2025–\n22 Feb 2026\nA2025-29 amendments by\nA2025-29\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":170}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. Since the original 2004 framework the Act has substantially expanded in scope. Additions include a comprehensive rectification/undertaking regime with emergency powers (Part 4, ss 34–47J), a demerit points and automated suspension/disqualification regime (Part 8, ss 89–102), a criminal‑activity cancellation route driven by the chief police officer (Part 5A, ss 65–68) and a detailed criminal‑intelligence confidentiality regime (ss 69–74). The Act also now contains a structured nominee regime for corporations/partnerships (ss 28–32), stronger inspector/compliance‑auditor powers and search/warrant mechanics (Part 6, ss 76–80, 80CA–80CP), statutory information‑sharing between public safety agencies (Part 11AA, ss 123AA–123ABA), training determinations (s 104B), and an expanded public register with precise update obligations (s 107A). These additions move the law from a basic licensing statute toward a layered regulatory enforcement system combining administrative, civil and criminal mechanisms (see the cited sections)."},"complexity_factors":["Extensive length: 129 numbered sections plus a detailed dictionary and multiple Parts and Divisions (high sectional count).","Large number of defined terms in the dictionary and cross-references (e.g. operational Acts list in s 16; many signpost definitions to other Acts).","Multiple enforcement regimes layered together: administrative rectification orders and undertakings (Part 4), criminal penalties (Part 7), ACAT discipline and cancellation (Parts 5 and 5A), and a demerit point system (Part 8).","High cross-referencing to external legislation (Building Act 2004, Water and Sewerage Act 2000, Electricity Safety Act 1971, Gas Safety Act 2000, Planning Act 2023, Professional Engineers Act 2023, Unit Titles Act 2001 and others).","Significant conditional and temporal logic (e.g. rectification time limits, 10‑year windows for ordering rectification (s 35(5)–(6)), demerit point 3‑year look-back rules (s 90), urgent vs notice procedures for emergency orders (s 39)).","Multiple nested exceptions and defences (strict liability vs evidential/legal burdens; defences for partners in partnerships in many offence provisions).","Wide executive discretion: registrar’s powers to impose conditions, accept undertakings, require training and delegate functions (ss 21, 47B, 104B, 105) with associated administrative processes and review pathways (Part 11A).","Complex safeguards and confidentiality regimes for criminal intelligence (ss 69–74) and layered review rights (ACAT interactions, Part 11A).","Detailed operational mechanics for enforcement: inspectors, compliance auditors, identity cards, seizure, warrants and return/forfeiture rules (ss 76–80, 80CA–80CP)."],"plain_english_summary":"**What this law does, in plain English**\n\n- This Act sets up a licensing and oversight scheme for people and businesses that do building and related work in the ACT — for example builders, building surveyors and assessors, electricians, gasfitters, plumbers, drainers, plumbing plan certifiers and works assessors (see s 7 and the occupation definitions in ss 8–14A).  \n\n- It creates the office of a Construction Occupations Registrar (s 103) who issues and renews licences (ss 17–26), keeps public registers (ss 107–107A), enforces rules, and can require training (s 104B).  \n\n- The Act defines who may be licensed (individuals, corporations, partnerships), sets eligibility and renewal rules (ss 17–25), allows licences to be limited by conditions and endorsements (ss 21–22), and requires corporations and partnerships to nominate suitably licensed individuals to supervise practical work (the nominee regime, ss 28–32).  \n\n- It gives the registrar administrative and enforcement tools: rectification orders (orders requiring faulty or non-compliant work to be fixed), emergency rectification orders, and a power to authorise other licensees to enter sites and do the work if the original licensee fails to comply (ss 34–42; s 38; s 41). The registrar can also accept a written rectification undertaking from the licensee — which becomes enforceable and can bar other enforcement while it is in effect (ss 47B–47J).  \n\n- There are automatic suspensions and grounds for discipline: licences can be automatically suspended for insolvency, winding up, loss of required insurance and other triggers (ss 48–53A). The registrar may investigate and apply to the ACT Civil and Administrative Tribunal (ACAT) for occupational discipline (ss 54–59, 56). ACAT can cancel, suspend or condition licences and order payments (s 58).  \n\n- The Act provides a mechanism for licence cancellation related to criminal activity: the chief police officer may apply to ACAT to cancel a licence where criminal activity presents an unacceptable risk (ss 65–68). The law includes rules about handling criminal intelligence in those proceedings (ss 69–74).  \n\n- Enforcement powers include appointing inspectors and compliance auditors who can enter business premises, inspect and copy documents, require information, seize items under authority, and apply for search warrants (ss 76–80, 80CA–80CP). The registrar may also issue information requirements in writing (ss 80D–80G).  \n\n- The Act creates a demerit points system for disciplinary behaviour: points are recorded against licensees and, above thresholds, can lead to suspension or disqualification (Part 8, ss 89–102).  \n\n- Offences are defined covering unlicensed practice, false advertising, allowing unlicensed workers, failing to surrender suspended licences, breaches of licence conditions, and failures to notify certain events (Part 7, ss 81–88).  \n\n- The Act requires licensees to show clients evidence of insurance before providing services (s 47) and gives the registrar powers to publish a public register with licence status, suspensions, disciplinary actions and rectification orders (ss 107–107A).  \n\n**Who is affected**\n\n- Individual tradespeople and professionals (builders, electricians, plumbers, building assessors/surveyors, works assessors) who must be licensed to carry out or supervise the named work (ss 6–15).  \n- Corporations and partnerships that provide construction services (they must meet nominee and supervision rules, ss 28–31).  \n- Clients and land owners: they may be notified or affected by rectification orders and, ultimately, by the Territory authorising work to be done at the licensee’s cost if the licensee fails to comply (ss 34–42).  \n- Insurers and employers: insurers must notify the registrar if required insurance is cancelled (s 88); employers using licensees must observe supervision rules (s 84(3)).  \n\n**Why it matters (mechanics, incentives, and trade-offs)**\n\n- Purpose claimed: the Act organises licensing, public-safety oversight and a compliance regime for construction occupations (see s 1; definitions in ss 6–16). That is achieved by granting the registrar licensing control, inspection powers and both preventive (suspensions, nominee rules) and corrective enforcement tools (rectification orders, undertakings, ACAT discipline).  \n\n- Who pays: licensees bear direct costs — application/renewal fees (s 127), training orders (s 56(1)(c), s 104B), compliance with rectification orders or the cost of others doing the work (s 38(4)–(5); s 41(5)), and costs of audits/assessments (s 55A(4)). Land owners or clients may indirectly pay where a licensee’s failure causes remedial action.  \n\n- Who decides: the Registrar is the operational decision-maker for licensing, imposing conditions, accepting undertakings, ordering training and keeping registers (ss 103–104, 21, 47B, 104B). ACAT decides on formal occupational discipline and cancellation orders (ss 56, 58, 67). The Chief Police Officer may apply for criminal-related cancellation (ss 66–67).  \n\n- Behaviour change incentivised: the combination of mandatory licences, nominee supervision, rectification orders, criminal-cancellation powers, demerit points, and public registers creates strong incentives for compliance and proper insurance and supervision. Conversely, these rules raise compliance costs (licensing, nominee obligations, prompt notification s 26B) and potentially increase barriers to entry for smaller operators who must carry insurance, meet nominee/supervision rules and comply with mandatory training.  \n\n- Trade-offs and implementation risks: the Act gives the registrar broad discretion (impose conditions, accept undertakings, require training — ss 21, 47B, 104B). That discretion speeds enforcement but creates administrative burdens and requires resourcing to operate fairly and promptly (for example, timely public-register updates are mandated (s 107A(1)–(2))). The scheme concentrates benefits on licence-holders that comply, while costs (higher prices, compliance activity) are likely to be dispersed among consumers and smaller providers.  \n\n- Compliance burden and enforcement intensity: strict-liability offences are used in several places (e.g., ss 31(5), 80G; Part 7), and there are tight timeframes for some notices (eg, 24-hour notification rule s 26B(2)). Inspectors have seizure and warrant powers (ss 80CD, 80CK–80CP), increasing the practical seriousness of non-compliance.  \n\n**Key sections to look at for practical effects**: definition of occupations (s 7), licensing and renewal (ss 17–26), nominee rules (ss 28–32), rectification orders and undertakings (ss 34–47J), suspensions/discipline (ss 48–63, 55–59), criminal-cancellation (ss 65–68), inspector and auditor powers (ss 76–80, 80CA–80CP), demerit system (Part 8), public register (ss 107–107A)."},"kimi_summary":{"_metrics":{"completionTokens":878},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2004 scope. Major additions include: the demerit points system (2008), energy efficiency rating statements (2010), information sharing between agencies (2010), licence cancellation for criminal activity (2019), enforceable undertakings (2019), and enhanced enforcement powers with inspectors (2014). The 2026 amendments further expanded nominee requirements and corporate accountability. The Act now regulates not just traditional trades but also building assessors, works assessors, and gas appliance workers, with much stronger public safety and anti-crime provisions than originally enacted."},"complexity_factors":["129 sections across 12 parts plus dictionary and extensive endnotes","Multiple overlapping enforcement mechanisms (rectification orders, undertakings, demerit points, occupational discipline, criminal cancellation)","Complex corporate/partnership nominee requirements with automatic suspension triggers","Extensive cross-referencing to 10+ 'operational Acts' (Building Act, Gas Safety Act, etc.)","Nested conditional logic for licence applications, renewals, and refusals based on prior conduct","Demerit points system with 3-year rolling calculations and complex trigger thresholds","Criminal intelligence provisions with special confidentiality protections","Multiple transitional and validation provisions with expiry dates","Detailed enforcement powers with warrant procedures and seizure protocols","Director liability provisions that pierce corporate veil for penalties and debts"],"plain_english_summary":"This is the **Construction Occupations (Licensing) Act 2004** (ACT), which sets up a comprehensive licensing and regulatory scheme for people and businesses working in the construction industry in the Australian Capital Territory.\n\n**What it does:**\n\n- **Licences construction workers**: Establishes a licensing system for 10 types of construction occupations — builders, building assessors, building surveyors, drainers, electricians, gasfitters, gas appliance workers, plumbers, plumbing plan certifiers, and works assessors. You generally cannot legally do this work without a licence.\n\n- **Who can be licensed**: Individuals, corporations, and partnerships can apply for licences. Companies and partnerships must appoint qualified \"nominees\" (licensed individuals) to supervise their work.\n\n- **How licences work**: Licences can have conditions and endorsements attached, must be renewed periodically, and can be suspended or cancelled for various reasons — including bankruptcy, criminal convictions involving fraud or violence, failure to maintain insurance, or public safety risks.\n\n- **Fixing defective work**: The registrar can issue **rectification orders** requiring licensees to fix non-compliant work. If they don't comply, the Territory can authorise someone else to do the work at the licensee's cost. There's also a system for **enforceable undertakings** — voluntary agreements to fix problems without a formal order.\n\n- **Discipline and penalties**: The Act includes a **demerit points system** (like a driver's licence) where accumulating points for misconduct can lead to suspension or disqualification. Serious cases go to the ACT Civil and Administrative Tribunal (ACAT) for **occupational discipline**, which can include fines up to $20,000 (individuals) or $100,000 (companies), licence cancellation, or mandatory training.\n\n- **Criminal activity provisions**: The chief police officer can apply to ACAT to cancel a licence if the licensee's criminal activity presents an unacceptable risk to community safety. Special protections exist for handling **criminal intelligence** in these proceedings.\n\n- **Enforcement powers**: Compliance auditors and inspectors can enter premises, examine documents, seize evidence, and issue information requirements. Search warrants are available for serious investigations.\n\n- **Public register**: A publicly accessible register tracks licensees, their licence status, conditions, suspensions, cancellations, and disciplinary history.\n\n- **Information sharing**: Public safety agencies can share information about risks to life, property, or the environment.\n\n**Why it matters:**\nThis Act protects consumers and the public by ensuring construction work is done by qualified, insured, and accountable people. It gives regulators strong tools to address defective work, dishonest conduct, and safety risks — while also providing procedural fairness and review rights."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/construction-occupations-licensing-act-2004","history":"/api/acts/construction-occupations-licensing-act-2004/history","analysis":"/api/acts/construction-occupations-licensing-act-2004/analysis","conflicts":"/api/acts/construction-occupations-licensing-act-2004/conflicts","importantCases":"/api/acts/construction-occupations-licensing-act-2004/important-cases","documents":"/api/acts/construction-occupations-licensing-act-2004/documents"}}