{"id":"sl-2004-36","name":"Construction Occupations (Licensing) Regulation 2004","slug":"construction-occupations-licensing-regulation-2004","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"36 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173301,"registerId":"act-sl-2004-36-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘specialist building work—see the\nBuilding Act 2004, section 9.’ means that the term ‘specialist building\nwork’ is defined in that section and the definition applies to this\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this regulation is explanatory and is not part of this\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Offences against regulation—application of Criminal","content":"4 Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, 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\n","sortOrder":2},{"sectionNumber":"4A","sectionType":"section","heading":"Construction occupation of builder—excluded work—Act,","content":"4A Construction occupation of builder—excluded work—Act,\ns 6 (3) (b)\n(1) A building exempted by the Minister under the Building (General)\nRegulation 2008, section 7 is excluded work from the construction\noccupation of a builder for the stated period mentioned in the\nexemption, subject to any condition mentioned in the exemption.\n(2) A building or building work mentioned in the Building (General)\nRegulation 2008, schedule 1, part 1.2 is excluded work from the\nconstruction occupation of a builder, subject to any condition\nmentioned in that part, column 3.\n(3) A building or building work mentioned in the Building (General)\nRegulation 2008, schedule 1, part 1.3 is excluded work from the\nconstruction occupation of a builder, subject to any condition\nmentioned in that part, column 4.\n","sortOrder":3},{"sectionNumber":"4B","sectionType":"section","heading":"Construction occupation of gasfitter—excluded work—","content":"4B Construction occupation of gasfitter—excluded work—\nAct, s 6 (3) (b)\n(1) Medical gasfitting work for a medical gas system used, or for use,\nonly in the practice of veterinary science is excluded work from the\nconstruction occupation of gasfitter.\n(2) Medical gas technician work for a medical gas system used, or\nfor use, only in the practice of veterinary science is excluded work\nfrom the construction occupation of gasfitter.\nveterinary science—see the Veterinary Practice Act 2018, section 8.\n\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Licence applications—Act, s 17 (3)","content":"5 Licence applications—Act, s 17 (3)\nA licence application must contain the following information:\n(a) the applicant’s name;\n(b) the construction occupation and class of construction occupation\nthe application relates to;\n(c) any endorsement being applied for;\n(d) if the applicant is an individual—\n(i) the applicant’s date of birth; and\n(ii) the applicant’s home address; and\n(iii) if the applicant is applying for a principal building surveyor\nemployee or general building surveyor employee licence—\nthe name of the applicant’s employer or proposed\nemployer; and\n(iv) the applicant’s mobile telephone number;\n(e) if the applicant is a partnership—\n(i) evidence of the existence of the partnership; and\n(ii) the name of each partner; and\n(iii) if a partner is a corporation—the partner’s ACN (if any);\nand\n(iv) the following for each of the applicant’s nominees:\n(A) the nominee’s name, business address, email address\nand mobile telephone number;\n(B) the nominee’s landline telephone number and fax\nnumber (if any);\n\n(f) if the applicant is a corporation—\n(i) its ACN (if any); and\n(ii) the following for each of the applicant’s nominees:\n(A) the nominee’s name, business address, email address\nand mobile telephone number;\n(B) the nominee’s landline telephone number and fax\nnumber (if any); and\n(iii) if the history of the corporation is on a database kept by the\nAustralian Securities and Investments Commission—an\nextract about the history of the corporation from the\ndatabase;\n(g) the applicant’s—\n(i) business telephone number and email address; and\n(ii) fax number (if any);\n(h) if the application is for a licence as—\n(i) a building assessor—the name of the insurer who will\nprovide the insurance mentioned in section 16B (Eligibility\nto be building assessor); or\n(ii) a building surveyor—the name of the insurer who will\nprovide the insurance mentioned in section 17 (Eligibility\nto be building surveyor); or\n(iii) a plumbing plan certifier—the name of the insurer who will\nprovide the insurance mentioned in section 18 (Eligibility\nto be plumbing plan certifier); or\n(iv) a works assessor—the name of the insurer who will\nprovide the insurance mentioned in section 18A\n(Eligibility to be works assessor);\n\n(i) evidence that the applicant is eligible to be licensed in the\nconstruction occupation or class of construction occupation\napplied for;\n(j) if an endorsement is being applied for—evidence that the\napplicant is capable of providing each construction service\nallowed to be provided under the endorsement;\n(k) whether the applicant has been licensed before and, if so, details\nof each previous licence;\n(l) whether the applicant has been convicted or found guilty of any\noffence involving fraud, dishonesty or violence, punishable by\nimprisonment for 1 year or more and, if so, details of each\nconviction or finding.\nNote Under the Spent Convictions Act 2000, an applicant need not include in\nan application certain spent convictions or extinguished convictions\n(see that Act, s 16 (c) (i) and s 19H (1) (c) (i)).\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Information required on licence—Act, s 23 (2)","content":"6 Information required on licence—Act, s 23 (2)\n(1) In addition to the information required by the Act, section 23 (2),\nthe following information must be included on a licence:\n(a) any endorsement relating to the licence;\n(b) the period for which the licence is issued in relation to each\nconstruction occupation and class of construction occupation;\n(c) if the licensee is a partnership—\n(i) the name of each partner; and\n(ii) if a partner is a corporation—the partner’s ACN (if any);\n(d) if the licensee is a corporation—its ACN (if any);\n\n(e) whether the licence is subject to conditions and, if it is, which\nconstruction occupation or class of construction occupation the\nconditions apply to.\n(2) A licence condition may, but need not, be included on the licence.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Term of licences generally—Act, s 24","content":"7 Term of licences generally—Act, s 24\n(1) The maximum period for which a licence in the following\nconstruction occupations may be issued or renewed is 3 years:\n(a) builder;\n(b) electrician;\n(c) plumber;\n(d) drainer;\n(e) gasfitter;\n(f) gas appliance worker.\n(2) However, an applicant for the issue or renewal of the licence may\napply for a 1-year licence and, if the applicant does apply, the\nmaximum period for which the licence may be issued or renewed is\n1 year.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Term of licence for building assessors, building","content":"8 Term of licence for building assessors, building\nsurveyors, plumbing plan certifiers and works\nassessors—Act, s 24\n(1) This section applies to a licence in the construction occupation of the\nfollowing:\n(a) building assessor;\n(b) building surveyor;\n(c) plumbing plan certifier;\n(d) works assessor.\n\n(2) The maximum period for which a licence may be issued or renewed\nis 1 year.\n(3) However, if the applicant for the issue or renewal of the licence has\ninsurance required under this regulation for a period of less than\n1 year, the maximum period for which the licence may be issued or\nrenewed is the period for which the applicant has insurance.\n\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Particulars in register","content":"9 Particulars in register\n(1) The register must contain the following particulars in relation to a\nlicensee:\n(a) the details included in the licensee’s licence;\n(b) the licensee’s—\n(i) business telephone number and email address; and\n(ii) fax number (if any);\n(c) if the licensee is—\n(i) a building assessor—the name of the insurer who provides\nthe insurance mentioned in section 16B (Eligibility to be\nbuilding assessor); or\n(ii) a building surveyor—the name of the insurer who provides\nthe insurance mentioned in section 17 (Eligibility to be\nbuilding surveyor); or\n(iii) a plumbing plan certifier—the name of the insurer who\nprovides the insurance mentioned in section 18 (Eligibility\nto be plumbing plan certifier); or\n(iv) a works assessor—the name of the insurer who provides\nthe insurance mentioned in section 18A (Eligibility to be\nworks assessor);\n(d) if the licensee is an individual—the licensee’s mobile telephone\nnumber;\n(e) if the licensee is a corporation or partnership—\n(i) the name, business address, email address and mobile\ntelephone number of each of the licensee’s nominees; and\n\nRegister Part 3\n(ii) the landline telephone number and fax number (if any) of\neach of the licensee’s nominees;\n(f) if the licensee’s licence is suspended—details of the suspension;\n(g) if the licensee has ever had a licence suspended—details of the\nsuspension, if available;\n(h) details of any suspension of the licence, whether or not the\nsuspension has ended, if available;\n(i) details of any occupational discipline taken in relation to the\nlicensee, if available;\n(j) whether any occupational discipline is being taken in relation to\nthe licensee.\n(2) The registrar may enter in the register any other details the registrar\nconsiders appropriate, including information about former licensees.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Keeping register","content":"10 Keeping register\nThe registrar may—\n(a) correct a mistake, error or omission in the register; or\n(b) correct or omit an entry that has become inaccurate.\n\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Not eligible because of suspension","content":"11 Not eligible because of suspension\nAn entity is not eligible to be licensed in a construction occupation or\nclass of construction occupation if—\n(a) the entity is licensed in another occupation or class of\noccupation; and\n(b) the licence is suspended; and\n(c) the registrar is satisfied that, because of the grounds for the\nsuspension, it is not appropriate for the entity to be licensed in\nthe occupation or class of occupation.\nNote A suspended licence may be renewed (see Act, s 25 (4)).\n","sortOrder":11},{"sectionNumber":"11A","sectionType":"section","heading":"Not eligible because of criminal activity","content":"11A Not eligible because of criminal activity\nIf a person’s licence is cancelled by a cancellation order made under\nthe Act, part 5A, the person is not eligible to be licensed for a period\nof 5 years after the order was made unless the order is sooner revoked\nunder the Act, section 68.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Individuals not eligible","content":"12 Individuals not eligible\nAn individual is not eligible to be licensed if—\n(a) the application is for a licence that would allow the applicant to\nprovide a construction service without supervision; and\n(b) the individual has been found guilty of an offence—\n(i) that involves fraud or dishonesty; and\n(ii) is punishable by imprisonment for at least 1 year.\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Eligibility for licence—suitability and financial","content":"13 Eligibility for licence—suitability and financial\nrequirements—Act, s 18 and s 24A\n(1) The Minister may declare the qualifications and financial\nrequirements necessary for an entity to be eligible to be licensed in a\nconstruction occupation or occupation class.\nExamples—qualifications\n1 a formal academic qualification\n2 a stated period or type of experience\n3 that the applicant has not been refused a licence under the Act within a stated\nperiod\n(2) An entity is eligible to be licensed in a construction occupation or\noccupation class if—\n(a) the entity has a qualification declared by the Minister under\nsubsection (1); and\n(b) the entity has the skills and knowledge reasonably necessary to\noccupation or occupation class; and\n(c) the entity satisfies the financial requirements declared by the\nMinister under subsection (1).\n(3) Also, an entity is eligible to be licensed in a construction occupation\nor occupation class if—\n(a) the entity does not have a qualification declared by the Minister\nunder subsection (1); but\n(b) the entity has the skills and knowledge reasonably necessary to\noccupation or occupation class; and\n(c) the entity satisfies the financial requirements declared by the\nMinister under subsection (1).\n(4) A declaration is a disallowable instrument.\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Skill assessment of individuals","content":"14 Skill assessment of individuals\n(1) This section applies if—\n(a) the registrar is not satisfied that an applicant has a qualification\nrequired to be eligible for the licence or endorsement applied\nfor; or\n(b) the registrar—\n(i) is satisfied that an applicant has a qualification required to\nbe eligible for the licence or endorsement applied for; and\n(ii) is not satisfied on reasonable grounds that the applicant has\na skill reasonably necessary to satisfactorily exercise the\nfunctions of a construction occupation or class of\nconstruction occupation under the licence or endorsement\napplied for; or\n(c) the registrar requires an applicant to undertake an assessment\nunder section 18B.\n(2) The registrar may require the applicant to undertake an assessment to\nfind out whether the applicant has the skills and knowledge\nreasonably necessary to satisfactorily exercise the functions of a\nconstruction occupation or class of construction occupation under the\nlicence or endorsement applied for.\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 is\ncompetent 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 is competent to set and assess the examination;\n(c) an examination of a record of the applicant’s experience\nprovided by the applicant;\n\n(d) the undertaking of a test, or a series of tests, approved by the\nregistrar.\n(4) The applicant must pay to the Territory the reasonable costs incurred\nby the Territory in arranging or carrying out an assessment.\n(5) An applicant is not eligible to be licensed, or to have a licence\nendorsed, if the applicant has not complied with subsection (4).\n(6) In this section:\nregistered training organisation—see the National Vocational\nEducation and Training Regulator Act 2011 (Cwlth), section 3.\n","sortOrder":15},{"sectionNumber":"14A","sectionType":"section","heading":"Notice of skill assessment","content":"14A Notice of skill assessment\n(1) This section applies if the registrar requires an applicant for a licence\nor renewal of a licence to undertake an assessment under section 14.\n(2) The registrar must give a notice (an assessment notice) to the\napplicant about the assessment.\n(3) An assessment notice must be given to the applicant—\n(a) in the case of a licence renewal—within a reasonable time, but\nnot less than 28 days, before the licence term ends; or\n(b) in any other case—within a reasonable time before the\nassessment is required to be completed.\n(4) An assessment notice must include—\n(a) the reason the assessment is required; and\n(b) a statement that the assessment will be used by the registrar to\ndetermine whether the applicant has the skills and knowledge\nreasonably necessary to satisfactorily exercise the functions of a\nconstruction occupation or occupation class under the licence\napplied for; and\n(c) information about the assessment, including how and where the\nassessment will be conducted; and\n\n(d) the latest date by which the applicant must complete the\n(e) if the applicant is to be given the written results of the\nassessment by the person conducting the assessment (if the\nperson is not the registrar)—the latest date by which the\napplicant must give the results to the registrar; and\n(f) a statement that the applicant may make written representations\nto the registrar about 1 or more of the following not later than\n5 business days after the day the notice is given to the applicant:\n(i) the latest date by which the applicant must complete the\nassessment stated in the notice;\n(ii) the latest date by which the applicant must give the results\nto the registrar if the applicant is to be given the written\nresults of the assessment by the person conducting the\nassessment (if the person is not the registrar).\n(5) In this section:\napplicant, in relation to a licence renewal, means the licensee even if\nthe licensee has not yet applied for renewal of the licence under\nthe Act, section 25.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Corporations and partnerships eligible for some","content":"15 Corporations and partnerships eligible for some\noccupations\n(1) A corporation or partnership is eligible to be licensed only in the\nfollowing construction occupations or occupation classes:\n(a) builder;\n(b) building surveyor;\n(c) drainer;\n(d) electrician, electrical contractor class;\n(e) gasfitter;\n\n(f) plumber;\n(g) plumbing plan certifier;\n(h) works assessor.\n(2) Also, a corporation or partnership is eligible to be licensed in a\nconstruction occupation or occupation class only if the corporation or\npartnership has a nominee who is licensed in the occupation or class.\n(3) However, a partnership is not eligible to be licensed in a construction\noccupation or occupation class if a partner has been found guilty,\nwhether in the ACT or anywhere else, of an offence involving fraud,\ndishonesty or violence punishable by imprisonment for at least 1 year.\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Eligibility to be owner-builder","content":"16 Eligibility to be owner-builder\n(1) An individual is eligible to be an owner-builder only if—\n(a) the individual owns the land where the building work allowed\nunder the owner-builders licence is proposed to be undertaken;\nand\n(b) the building work has building approval under the Building\nAct 2004; and\n(c) the individual has not been issued with an owner-builders\nlicence in relation to other land (a previous licence) in the\n5 years before applying for the owner-builders licence\n(the current licence).\n(2) Despite section (1) (c), an individual issued with a previous licence\nin the 5 years before applying for the current licence is eligible to be\nan owner-builder if the individual no longer holds the previous\nlicence and—\n(a) if—\n(i) the work allowed under the previous licence related to\naffected residential premises or a class 10 building\nassociated with those premises; and\n\n(ii) the affected residential premises were acquired by the\nTerritory from the individual under the buyback scheme\nfor residential premises and were included in the affected\nresidential premises register; or\n(b) if—\n(i) the work allowed under the previous licence related to a\nbuilding that is or was an eligible impacted property or a\nclass 10 building associated with that property; and\n(ii) the eligible impacted property was acquired by the\nTerritory from the individual under the eligible impacted\nproperty buyback program.\naffected residential premises—see the Civil Law (Sale of Residential\nProperty) Act 2003, section 9A (3).\naffected residential premises register—see the Dangerous\nSubstances Act 2004, section 47P (1).\nbuyback scheme, for affected residential premises—see the\nDangerous Substances Act 2004, section 47I.\nclass, of building—see the Building Act 2004, dictionary.\nNote A class 10 building or structure is a non-habitable building or structure\n(see building code).\neligible impacted property—see the Civil Law (Sale of Residential\nProperty) Act 2003, section 9A (1).\neligible impacted property buyback program—see the Civil Law\n(Sale of Residential Property) Act 2003, section 9A (1).\n\n","sortOrder":18},{"sectionNumber":"16B","sectionType":"section","heading":"Eligibility to be building assessor","content":"16B Eligibility to be building assessor\n(1) An applicant for a licence as a building assessor is eligible for the\nlicence only if the applicant satisfies the registrar that—\n(a) the applicant is adequately insured; and\n(b) if the class of licence applied for must be endorsed to authorise\nthe licensee to operate stated software—the applicant can\ncompetently operate the software.\nNote The registrar may determine software that a class of building assessor’s\nlicence must be endorsed to authorise the licensee to operate (see s 31A).\n(2) An applicant is adequately insured if the applicant has professional\nbuilding assessor; and\n(b) a minimum limit of indemnity of $1 000 000 for a single claim.\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Eligibility to be building surveyor","content":"17 Eligibility to be building surveyor\n(1) An applicant for a licence as a building surveyor is eligible for the\nlicence only if the applicant satisfies the registrar that—\n(a) the applicant has successfully undertaken asbestos management\ntraining that has been approved by the registrar under subsection\n(2); and\n(b) the applicant is adequately insured.\n(2) The registrar may approve asbestos management training for\nsubsection (1) (a) if the registrar considers that successful\nundertaking of the training will give an applicant for a licence as a\nbuilding surveyor adequate knowledge of the requirements to deal\nappropriately with asbestos.\n(3) Subsection (1) (b) does not apply to an application for a licence as\nprincipal government building surveyor or government building\nsurveyor.\n\n(4) An applicant is adequately insured if the applicant has professional\nbuilding surveyor; and\n(b) a minimum limit of indemnity of $1 000 000 for a single claim;\nand\n(c) a minimum limit of indemnity of $1 000 000 for the total of all\nclaims made against the applicant during the period of cover;\nand\n(d) in addition to the indemnities mentioned in paragraphs (b)\nand (c), a minimum limit of indemnity for the costs and\nexpenses of defending or settling a claim of 20% of the limit of\nindemnity for the claim.\n(5) For subsection (4), an applicant is taken to have professional\nindemnity insurance if the applicant is an applicant for a principal\nbuilding surveyor employee licence, or general building surveyor\nemployee licence, and the applicant’s employer has the insurance.\n(6) In subsection (4) (d):\ncosts and expenses means costs and expenses incurred with the\ninsurer’s consent.\n(7) An approval under subsection (2) is a notifiable instrument.\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Eligibility to be plumbing plan certifier","content":"18 Eligibility to be plumbing plan certifier\n(1) An applicant for a licence as a plumbing plan certifier is eligible for\nthe licence only if the applicant satisfies the registrar that the\napplicant is adequately insured.\n\n(2) An applicant is adequately insured to be a plumbing plan certifier if\nthe applicant has professional indemnity insurance that provides—\nplumbing plan certifier; and\n(b) a minimum limit of liability of $1 000 000 for each period of\ninsurance.\n","sortOrder":21},{"sectionNumber":"18A","sectionType":"section","heading":"Eligibility to be works assessor","content":"18A Eligibility to be works assessor\n(1) An applicant for a licence to be a works assessor is eligible for the\nlicence only if the applicant satisfies the registrar that the applicant is\nadequately insured.\n(2) An applicant is adequately insured if the applicant has professional\nworks assessor; and\n(b) a minimum limit of indemnity of $1 000 000 for a single claim;\nand\n(c) a minimum limit of indemnity of $1 000 000 for the total of all\nclaims made against the applicant during the period of cover;\nand\n(d) in addition to the indemnities mentioned in paragraphs (b)\nand (c), a minimum limit of indemnity for the costs and\nexpenses of defending or settling a claim of 20% of the limit of\nindemnity for the claim.\n(3) In subsection (2) (d):\ncosts and expenses means costs and expenses incurred with the\ninsurer’s consent.\n\n","sortOrder":22},{"sectionNumber":"18B","sectionType":"section","heading":"Requirement to undertake assessment","content":"18B Requirement to undertake assessment\n(1) The registrar may require a licensee to undertake an assessment to\ndetermine the licensee’s eligibility for renewal of the licence if any of\nthe following apply:\n(a) during the term of the licensee’s current licence, the registrar has\nmade, or given notice of intention to make, a rectification order\nin relation to—\n(i) the licensee; or\n(ii) if the licensee is or was the nominee of a licensed\ncorporation or partnership—the corporation or partnership;\n(b) in the 12 months prior to the expiry of the licence, the registrar\nformed a belief on reasonable grounds that a ground for\noccupational discipline exists in relation to—\n(i) the licensee; or\n(ii) if the licensee is or was the nominee of a licensed\ncorporation or partnership—the corporation or partnership;\n(c) in the 12 months prior to the expiry of the licence, the registrar\nformed a belief on reasonable grounds that the licensee may not\nhave the skills or knowledge reasonably necessary to\noccupation or occupation class under the licence;\n(d) in the period starting 3 years before the expiry of the licence and\nending 3 months before the expiry of the licence—\n(i) if the licensee is licensed—\n(A) in a builder occupation class—the licensee has not\nbeen issued a commencement notice for building\nwork in a builder occupation class; or\n\nLicence renewal Division 4.1A\n(B) in any other occupation class—the licensee has not\nprovided any construction service under the licence;\nor\n(ii) if the licensee is a nominee for a licensed corporation or\npartnership—the licensee has not undertaken work as the\nnominee for the corporation or partnership;\n(e) the registrar otherwise requires the licensee to undertake the\nassessment to determine the licensee’s eligibility to hold the\nlicence.\n(2) However, a licensee is not required to undertake an assessment under\nthis section if, in the 2 years prior to the expiry of the licence—\n(a) the licensee has undertaken—\n(i) an assessment as required by the registrar under the Act,\nsection 55A; or\n(ii) a course of training under the Act that includes an\n(b) the assessment under the Act, section 55A is the same or\nsubstantially the same as the assessment of eligibility under\nsubsection (1).\n(3) Also, the registrar must not require a licensee to undertake an\nassessment under subsection (1) (e) if—\n(a) subsection (1) (a) to (d) do not apply; and\n(b) the licensee was required by the registrar to undertake an\nassessment under section 14 (Skill assessment of individuals) or\nthis section before the registrar issued the current licence to the\nlicensee; and\n(c) it is not a condition of the licensee’s current licence that the\nlicensee undertake an assessment before applying for renewal of\nthe licence.\n\n(4) In this section:\ncommencement notice means a building commencement notice\nissued under the Building Act 2004, section 37.\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Eligibility requirements for nominees—Act, s 28A (1) (a)","content":"19 Eligibility requirements for nominees—Act, s 28A (1) (a)\nAn individual must meet all of the following eligibility requirements:\n(a) for a corporation—the individual is a director or employee of\nthe corporation;\n(b) for a partnership—the individual—\n(i) is a partner; or\n(ii) is the nominee of a corporation that is a partner in the\npartnership;\n(c) the individual is licensed in a construction occupation that the\ncorporation or partnership is licensed in or applying to be\nlicensed in;\n(d) the individual is otherwise able to exercise the functions of a\nnominee on a daily basis;\nExamples\n","sortOrder":24},{"sectionNumber":"1","sectionType":"section","heading":"The individual is not able to exercise the functions of a nominee on a","content":"1 The individual is not able to exercise the functions of a nominee on a\ndaily basis if the licensee is the nominee for another corporation that has\nno other nominees and is doing a lot of construction work.\n2 The individual is reasonably able exercise the functions of a nominee if\nthe nominee is available to attend locations where the construction\nservices the nominee will be responsible for supervising are being\ncarried out.\n\nNominees Division 4.2\n(e) for a construction occupation divided into classes—either—\n(i) the individual is licensed in the same class as, or a class\nthat allows the exercising of the same functions as, the\nclass the corporation or partnership is licensed in or\napplying to be licensed in; or\n(ii) the corporation or partnership has a nominee mentioned in\nsubparagraph (i);\n(f) the individual’s licence is not subject to 1 or more of the\nfollowing conditions (however described):\n(i) that the individual must not be a nominee for a stated\nperiod, and the period in question is within the stated\nperiod;\n(ii) that the individual must not supervise trainees or licensees;\n(iii) that the individual must be supervised by someone else.\nNote For functions of nominees, see the Act, s 31.\n\n","sortOrder":25},{"sectionNumber":"Part 5","sectionType":"part","heading":"Licence conditions and","content":"Part 5 Licence conditions and\nendorsements\n","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Prescribed licence conditions—Act, s 21 (1)","content":"20 Prescribed licence conditions—Act, s 21 (1)\nThe conditions a licence is subject to include the applicable\nrequirements in this division.\nNote The registrar may also impose conditions on a licence (see Act, s 21 (2)).\n","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Change of register information","content":"21 Change of register information\n(1) The licensee must tell the registrar in writing of any change in a detail\nrelating to the licensee that is recorded in the register.\n(2) The notice must be given within 2 weeks after—\n(a) the day of the change to which it relates happened; or\n(b) the day the licensee became aware of the change.\n","sortOrder":28},{"sectionNumber":"21A","sectionType":"section","heading":"Comply with code of practice","content":"21A Comply with code of practice\n(1) This section applies to a licensee if a code of practice applies to the\nlicensee’s construction occupation or class of construction\noccupation, or to a construction service undertaken by the licensee.\n(2) The licensee must comply with the code of practice, including by\nusing any form of report, certificate or other document (if any)\nrequired by the code of practice.\ncode of practice means a code of practice under this Act or an\noperational Act.\n\nLicence conditions on licences Division 5.1\n","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Corporate licences","content":"22 Corporate licences\n(1) This section applies if the licensee is a corporation.\n(2) The licensee must tell the registrar in writing if a person becomes or\nstops being a director or a nominee (other than the sole nominee of\nthe corporation for a construction service, construction occupation or\noccupation class).\n(3) The notice must be given to the registrar within 1 business day after\nthe day the person becomes or stops being a director or nominee.\n","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Partnership licences","content":"23 Partnership licences\n(1) This section applies if the licensee is a partnership.\n(2) The partnership must tell the registrar in writing if a person becomes\nor stops being a partner or a nominee (other than the sole nominee of\nthe partnership for a construction service, construction occupation or\noccupation class).\n(3) The notice must be given to the registrar within 1 business day after\nthe day the person becomes or stops being a partner or nominee.\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Individual licences","content":"24 Individual licences\n(1) This section applies if the licensee is an individual.\n(2) The individual may provide construction services only as a nominee\nor employee of a licensed entity if—\n(a) the individual becomes bankrupt or personally insolvent; and\n(b) the individual is a nominee or employee of a licensed entity.\n","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Operative drainers","content":"25 Operative drainers\nA licensee in the operative drainer class of the construction\noccupation drainer may only provide a construction service in that\n\n","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Journeyperson gasfitters","content":"26 Journeyperson gasfitters\nA licensee in the journeyperson gasfitter class in the construction\noccupation gasfitter may only provide a construction service in that\n","sortOrder":34},{"sectionNumber":"26A","sectionType":"section","heading":"Medical gas technicians must not commission or test etc","content":"26A Medical gas technicians must not commission or test etc\nown medical gasfitting work\n(1) This section applies if a licensee undertakes medical gasfitting work\nfor a medical gas system (the initial work).\n(2) The individual who undertook the initial work under the licence must\nnot undertake medical gas technician work in relation to the initial\nwork.\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Journeyperson plumbers","content":"27 Journeyperson plumbers\nA licensee in the journeyperson plumber class in the construction\noccupation of plumber may only provide a construction service in that\n","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Certain building surveyors","content":"28 Certain building surveyors\n(1) This section applies to licensees in the following classes in the\nconstruction occupation of building surveyor:\n(a) principal building surveyor employee;\n(b) general building surveyor employee.\n(2) The licensee may only provide a construction service in that\noccupation class as an employee of a licensee who—\n(a) is licensed as—\n(i) a principal building surveyor; or\n(ii) a general building surveyor; and\n(b) holds insurance of a kind mentioned in section 17 in relation to\nthe employee.\n\nEndorsements on licences Division 5.2\n","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Endorsing builders licences for building work—Act, s 22","content":"30 Endorsing builders licences for building work—Act, s 22\n(1) The registrar may, on application, endorse a builders licence to\nauthorise the licensee to do any building work, including specialist\nbuilding work, if satisfied that the licensee can competently do the\nwork.\n","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Endorsing plumbers licences for backflow prevention","content":"31 Endorsing plumbers licences for backflow prevention\ndevice test work—Act, s 22\n(1) The registrar may, on application, endorse a plumbers licence to\nauthorise the licensee to do backflow prevention device test work if\nsatisfied that the licensee can competently do the work.\n(2) In this section:\nbackflow prevention device test work means—\n(a) work in accordance with Australian Standard 2845.3, Water\nSupply—Backflow prevention devices—Field testing and\nmaintenance, to test, or supervise the testing of, a backflow\nprevention device that forms part of a water service, hot-water\nsystem, irrigation system or fire sprinkler system; or\n(b) the production of a report about a test under paragraph (a).\n\n","sortOrder":39},{"sectionNumber":"31A","sectionType":"section","heading":"Endorsing building assessors licences for use of","content":"31A Endorsing building assessors licences for use of\nsoftware—Act, s 22\n(1) The registrar may, on application, endorse a building assessor’s\nlicence to authorise the licensee to operate stated software if satisfied\nthat the licensee can competently operate the software.\n(2) The registrar may determine—\n(a) that a class of building assessor’s licence must be endorsed to\nauthorise a licensee to operate software; and\n(b) the software that the class of licence must be endorsed to\nauthorise a licensee to operate.\n(3) A determination is a notifiable instrument.\n","sortOrder":40},{"sectionNumber":"31B","sectionType":"section","heading":"Endorsing licences for gas appliance work—Act, s 22","content":"31B Endorsing licences for gas appliance work—Act, s 22\n(1) This section applies to—\n(a) an advanced gasfitters licence; and\n(b) a general gasfitters licence.\n(2) The registrar may, on application, endorse the licence to authorise the\nlicensee to do type B gas flue work, if satisfied that the licensee is\ncompetent to do the work.\nNote In deciding whether to endorse a licence under this section, the registrar\ntype B gas flue work means work on the flue of a type B gas\nappliance, including the connection of the flue to, and disconnection\nof the flue from, the appliance.\n\nEndorsements on licences Division 5.2\n","sortOrder":41},{"sectionNumber":"31C","sectionType":"section","heading":"Endorsing electricians licences for work on interval","content":"31C Endorsing electricians licences for work on interval\nmeters—Act, s 22\n(1) The registrar may, on application, endorse an electrical contractor\nlicence or an unrestricted electrician licence to authorise the licensee\nto do, or to supervise, interval metering work if satisfied that the\nlicensee is competent to do, or to supervise, the work.\nNote 1 A metering provider operating in the National Energy Market must be\nregistered with the Australian Energy Market Operator to provide, install,\nand maintain a metering installation (see National Electricity Rules, ch 7\n(Metering)).\nNote 2 In deciding whether to endorse a licence under this section, the registrar\n(3) For this regulation, interval metering work means the following:\n(a) electrical wiring work on an interval meter;\n(b) removing a type 5, type 6, or type 7 meter to replace it with an\ninterval meter.\n(4) In this section:\ninterval meter means a type 1, type 2, type 3, or type 4 metering\ninstallation that meets the requirements described in the National\nElectricity Rules, chapter 7, schedule 7.2 (Types and Accuracy of\nMetering Installations) for the type of meter.\nmetering installation—see the National Electricity Rules, chapter 10\n(Glossary).\nnational electricity rules means the National Electricity Rules made\nunder the National Electricity (ACT) Law.\n\ntype 5, type 6, or type 7 meter means a type 5, type 6, or type 7\nmetering installation that meets the requirements described in the\nNational Electricity Rules, chapter 7, schedule 7.2 (Types and\nAccuracy of Metering Installations) for the type of meter.\n","sortOrder":42},{"sectionNumber":"31D","sectionType":"section","heading":"Endorsing electricians licences for work on distributed","content":"31D Endorsing electricians licences for work on distributed\nenergy resources—Act, s 22\n(1) The registrar may, on application, endorse an electrical contractor\nlicence or an unrestricted electrician licence to authorise the licensee\nto do, or to supervise, distributed energy resource work if satisfied\nthat the licensee is competent to do, or to supervise, the work.\nNote In deciding whether to endorse a licence under this section, the registrar\n(3) The Minister may declare a thing to be a distributed energy resource.\n(4) A declaration is a disallowable instrument.\n(5) For this regulation, distributed energy resource work means\nelectrical wiring work on a distributed energy resource declared under\nsubsection (3).\n","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Considerations for endorsing licences","content":"32 Considerations for endorsing licences\n(1) In deciding whether to endorse an individual’s licence under this\ndivision, the registrar must consider the following:\n(a) the individual’s physical ability or skill;\n(b) the individual’s qualifications, training and knowledge;\n(c) the extent, quality and relevance of the individual’s experience,\nand how recent that experience is, in doing similar work to, or\nwork that is equally complex as, the work to be allowed by the\nproposed endorsement;\n\n(d) whether any occupational discipline has ever been taken in\nrelation to the individual;\n(e) whether the individual has incurred any demerit points that have\nnot been deleted from the register.\n(2) In deciding whether to endorse the licence of a corporation or\npartnership, the registrar must consider the following:\n(a) whether any occupational discipline has ever been taken in\nrelation to the entity;\n(b) whether the entity has incurred any demerit points that have not\nbeen deleted from the register.\n(3) However, the registrar may endorse the licence of the corporation or\npartnership only if nominees of the entity have licences that are\nendorsed in the way applied for.\n(4) The registrar may consider anything else that is relevant.\n","sortOrder":44},{"sectionNumber":"Div 5","sectionType":"division","heading":"3 Returning and replacing licences and","content":"Division 5.3 Returning and replacing licences and\nunlicensed services\n","sortOrder":45},{"sectionNumber":"32A","sectionType":"section","heading":"Return of licence","content":"32A Return of licence\n(1) This section applies if the registrar decides to—\n(a) amend a condition on a licence; or\n(b) endorse a licence.\n(2) The registrar may require a licensee to return the licence to the\nregistrar in relation to the amendment or endorsement.\nNote The registrar may, but need not, include a condition on a licence\n(see s 6 (2)).\n\nDivision 5.3 Returning and replacing licences and unlicensed services\n(3) If the registrar requires the licensee to return the licence—\n(a) the licensee must return the licence; and\n(b) the registrar must return the licence to the licensee as soon as the\nlicence is amended (whether by including the condition on the\nlicence or otherwise) or endorsed, unless the licence is\nsuspended or cancelled.\n(4) A licensee commits an offence if the licensee fails to return a licence\nunder subsection (3) (a).\nMaximum penalty: 5 penalty units.\n(5) An offence against subsection (4) is a strict liability offence.\n","sortOrder":46},{"sectionNumber":"33","sectionType":"section","heading":"Replacement licences","content":"33 Replacement licences\nThe registrar may, on application, issue a replacement licence to a\nlicensee if satisfied that the licence previously issued has been lost,\nstolen, damaged or destroyed.\n","sortOrder":47},{"sectionNumber":"35","sectionType":"section","heading":"Services that may be provided without licence","content":"35 Services that may be provided without licence\n(1) The following construction services may be provided by an individual\nwithout a licence if done under the supervision of a licensed\nindividual, or the nominee of a licensed corporation or partnership,\nauthorised by the licence to provide the service:\n(a) building services;\n(b) if the individual providing the service is a trainee—\n(i) electrical wiring services; or\n(ii) gasfitting services; or\n(iii) plumbing services; or\n(iv) sanitary drainage services.\n\n(2) Also, subsection (1) (b) applies only if—\n(a) there is a training arrangement (however described) between the\ntrainee’s relevant person and the trainee; and\nExample—training arrangement\nan approved training contract under the Training and Tertiary Education\nAct 2003\n(b) the construction service provided by the trainee is covered by\nthe training arrangement; and\n(c) the trainee’s relevant person gives the registrar the following\ninformation:\n(i) if the relevant person is the trainee’s employer who is an\nindividual—\n(A) the employer’s name, business address and email\naddress; and\n(B) the employer’s landline telephone number or mobile\ntelephone number; and\n(C) the employer’s fax number (if any);\n(ii) if the relevant person is the trainee’s employer who is not\nan individual—\n(A) the name of the employer and the trainee’s manager;\nand\n(B) the business address and email address of the\nemployer and manager; and\n(C) the landline telephone number or mobile telephone\nnumber of the employer and manager; and\n(D) the fax number (if any) of the employer and manager;\n\nDivision 5.3 Returning and replacing licences and unlicensed services\n(iii) if the relevant person is the provider of the VET course that\nthe trainee is undertaking—\n(A) the provider’s name, business address and email\naddress; and\n(B) the name of the person nominated by the provider for\nthe trainee (the nominated person); and\n(C) the nominated person’s email address; and\n(D) the nominated person’s landline telephone number or\nmobile telephone number;\n(iv) the trainee’s name and date of birth;\n(v) the name of the VET course that the trainee is undertaking\nand its unique identifying number (however described);\n(vi) when the training arrangement begins and ends.\nbuilding service—see the Act, section 8 (2).\nelectrical wiring service—see the Act, section 11 (2).\ngasfitting service—see the Act, section 12 (2).\nplumbing service—see the Act, section 13 (2).\nrelevant person, of a trainee, means—\n(a) the trainee’s employer; or\n(b) if the trainee does not have an employer—the provider of the\nVET course that the trainee is undertaking.\nsanitary draining service—see the Act, section 10 (2).\n\ntrainee, for a service, means an individual who—\n(a) provides the service to gain experience in providing the service\nand training from the person supervising the provision of the\nservice; and\n(b) is undertaking a VET course that provides instruction in relation\nto providing the service.\nVET course—see the National Vocational Education and Training\nRegulator Act 2011 (Cwlth), section 3.\n\n","sortOrder":48},{"sectionNumber":"36","sectionType":"section","heading":"Classes of licence generally","content":"36 Classes of licence generally\nA licence for a class authorises the licensee to provide each service in\nschedule 1, column 3 for the class in the circumstances (if any) stated\nin the column for the item.\n","sortOrder":49},{"sectionNumber":"37","sectionType":"section","heading":"Classes of builder","content":"37 Classes of builder\nThe construction occupation of builder is divided into the classes in\nschedule 1, part 1.3, column 2.\n","sortOrder":50},{"sectionNumber":"37B","sectionType":"section","heading":"Classes of building assessor","content":"37B Classes of building assessor\nThe construction occupation of building assessor is divided into the\nclasses in schedule 1, part 1.3A, column 2.\n","sortOrder":51},{"sectionNumber":"38","sectionType":"section","heading":"Classes of building surveyor","content":"38 Classes of building surveyor\nThe construction occupation of building surveyor is divided into the\nclasses in schedule 1, part 1.4, column 2.\n","sortOrder":52},{"sectionNumber":"39","sectionType":"section","heading":"Classes of drainer","content":"39 Classes of drainer\nThe construction occupation of drainer is divided into the classes in\nschedule 1, part 1.5, column 2.\n","sortOrder":53},{"sectionNumber":"40","sectionType":"section","heading":"Classes of electrician","content":"40 Classes of electrician\nThe construction occupation of electrician is divided into the classes\nin schedule 1, part 1.6, column 2.\n","sortOrder":54},{"sectionNumber":"41","sectionType":"section","heading":"Classes of gasfitters","content":"41 Classes of gasfitters\nThe construction occupation of gasfitter is divided into the classes in\nschedule 1, part 1.7, column 2.\n\nConstruction occupation classes Part 6\n","sortOrder":55},{"sectionNumber":"41A","sectionType":"section","heading":"Classes of gas appliance worker","content":"41A Classes of gas appliance worker\nThe construction occupation of gas appliance worker is divided into\nthe classes in schedule 1, part 1.7A, column 2.\n","sortOrder":56},{"sectionNumber":"42","sectionType":"section","heading":"Classes of plumber","content":"42 Classes of plumber\nThe construction occupation of plumber is divided into the classes in\nschedule 1, part 1.8, column 2.\n\nPart 6A Notification and review of decisions\nPart 6A Notification and review of\ndecisions\n42A Reviewable decisions—Act, s 123A, def reviewable\nA decision mentioned in schedule 4, column 3, under a provision\nmentioned in column 2 in relation to the decision is prescribed.\n","sortOrder":57},{"sectionNumber":"42B","sectionType":"section","heading":"Right of review and notice—Act, s 123B and s 123C (a)","content":"42B Right of review and notice—Act, s 123B and s 123C (a)\nAn entity mentioned in schedule 4, column 4 is prescribed.\n\nMiscellaneous Part 7\n","sortOrder":58},{"sectionNumber":"43","sectionType":"section","heading":"Short descriptions and demerit points","content":"43 Short descriptions and demerit points\n(1) The short description for a demerit ground for occupational discipline\nthat is a contravention of the Act or an operational Act mentioned in\nschedule 2, column 2 is the description mentioned in the item,\ncolumn 3.\n(2) The short description for a demerit ground for occupational discipline\nunder the Act, section 55 (1) (other than paragraph (a)) that is\nmentioned in schedule 3, column 2 is the description mentioned in the\nitem, column 3.\n(3) The number of demerit points mentioned in schedule 2, column 4 or\nschedule 3, column 4 is prescribed for the demerit ground for\noccupational discipline mentioned in the item, column 2.\n(4) For a demerit ground for occupational discipline that is not mentioned\nin subsection (3), the demerit points for the ground is one.\n","sortOrder":59},{"sectionNumber":"44","sectionType":"section","heading":"Information in report to Minister—Act, s 112","content":"44 Information in report to Minister—Act, s 112\n(1) The registrar’s report to the Minister about complaints for a financial\nyear must include the following information:\n(a) the total number of complaints made in the year;\n(b) the number of complaints made about former licensees;\n(c) the number of complaints made about current licensees;\n(d) a description of the kinds of complaints made about licensees\nand former licensees in each construction occupation.\n(2) The registrar’s report to the Minister about occupational discipline for\na financial year must include the following information:\n(a) the name of each licensee or former licensee against whom\noccupational discipline was taken during the financial year;\n\n(b) for each licensee or former licensee mentioned in\nparagraph (a)—\n(i) the contravention; and\n(ii) the construction occupation or class of construction\noccupation in which the licensee or former licensee was\nlicensed when the contravention happened; and\n(iii) the occupational discipline taken; and\n(iv) the result of any review of the decision to take occupational\ndiscipline.\ncontravention, in relation to a licensee or former licensee, means\nwhat the licensee or former licensee did that caused occupational\ndiscipline to be taken.\n","sortOrder":60},{"sectionNumber":"45","sectionType":"section","heading":"Requirements for notices requesting skill assessment of","content":"45 Requirements for notices requesting skill assessment of\nlicensees—Act, s 55A\nThe notice must state—\n(a) the reasons for requiring the assessment; and\n(b) the consequences under the Act of failing to complete the\n(c) information about the assessment, including who must conduct\nthe assessment; and\n(d) the latest date by which the licensee must complete the\nassessment that the registrar considers on reasonable grounds is\nreasonable; and\n(e) if the licensee is to be given the written results of the assessment\nby the person conducting the assessment—the latest date by\nwhich the licensee must give the results to the registrar; and\n\nMiscellaneous Part 7\n(f) that the licensee may make written representations to the\nregistrar about 1 or more of the following not later than\n5 business days after the day the notice is given to the licensee:\n(i) the registrar’s reasons for requiring the assessment;\n(ii) the proposed assessment;\n(iii) the latest date by which the licensee must complete the\nassessment stated in the notice;\n(iv) the latest date by which the licensee must give the results\nto the registrar if the licensee is to be given the written\nresults of the assessment by the person conducting the\nassessment.\n","sortOrder":61},{"sectionNumber":"45A","sectionType":"section","heading":"Applying, adopting or incorporating documents in","content":"45A Applying, adopting or incorporating documents in\nstatutory instruments\n(1) A statutory instrument made under this regulation may apply, adopt\nor incorporate (with or without change or modification)—\n(a) a law, an Australian Standard or an Australian/New Zealand\nStandard as 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 to a document\napplied, adopted or incorporated under subsection (1) or under the\nLegislation Act, section 47 (3).\nNote The document does not need to be notified under the Legislation Act\nbecause s 47 (5) and (6) do not apply (see Legislation Act, 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\n(4) An instrument applied, adopted or incorporated under\nsubsection (1) (b) is not enforceable by or against the Territory or\nanyone else unless it is made available in accordance with\nsubsection (3).\n\nTransitional Part 8\n","sortOrder":62},{"sectionNumber":"46","sectionType":"section","heading":"Meaning of repealed Act for pt 8","content":"46 Meaning of repealed Act for pt 8\nIn this part:\nrepealed Act means the Construction Practitioners Registration\nAct 1998 (repealed).\n","sortOrder":63},{"sectionNumber":"47","sectionType":"section","heading":"Meaning of licence for s 9 (1) (h)","content":"47 Meaning of licence for s 9 (1) (h)\nIn section 9 (1) (h):\nlicence includes—\n(a) registration under the repealed Act; and\n(b) a licence, permit or registration under an operational Act as in\nforce immediately before commencement day; and\n(c) a licence or certificate of competency under the Plumbers,\nDrainers and Gasfitters Board Act 1982 (repealed).\n","sortOrder":64},{"sectionNumber":"48","sectionType":"section","heading":"Meaning of licensee and occupational discipline—","content":"48 Meaning of licensee and occupational discipline—\ns 9 (1) (i)\nIn section 9 (1) (i):\nlicensee includes a person registered under the repealed Act.\noccupational discipline is taken to include action taken under the\nrepealed Act, section 22 (6) (Procedure).\n","sortOrder":65},{"sectionNumber":"50","sectionType":"section","heading":"Meaning of owner-builders licence for s 16","content":"50 Meaning of owner-builders licence for s 16\nIn section 16:\nowner-builders licence includes an owner-builder’s licence granted\nunder the Building Act 1972 before the commencement of the Act,\nsection 6 (What is a construction practitioner?).\n\n","sortOrder":66},{"sectionNumber":"51","sectionType":"section","heading":"Meaning of licence for s 34","content":"51 Meaning of licence for s 34\nIn section 34:\nlicence includes—\n(a) registration under the repealed Act; and\n(b) a licence, permit or registration under an operational Act as in\nforce immediately before commencement day; and\n(c) a licence or certificate of competency under the Plumbers,\nDrainers and Gasfitters Board Act 1982 (repealed).\n\nBuilder Part 1.3\n","sortOrder":67},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Classes of construction","content":"Schedule 1 Classes of construction\noccupation licence and\nfunctions\n(see pt 6)\n","sortOrder":68},{"sectionNumber":"Part 1","sectionType":"part","heading":"3 Builder","content":"Part 1.3 Builder\nitem\n1 class A building work other than specialist building work\n2 class B (a) building work (other than specialist building\nwork) in relation to a building that is 3 storeys\nor lower; and\n(b) basic building work\n3 class C (a) building work (other than specialist building\nwork) in relation to a building that is 2 storeys\nor lower and is a class 1, class 2 or class 10a\nbuilding; and\n(b) building work (other than specialist building\nwork) in relation to a building that is a\nclass 10b structure (other than a swimming\npool or swimming pool fence) and is ancillary\nto a building mentioned in paragraph (a); and\n(c) basic building work\n4 class D non-structural basic building work, other than\nspecialist building work\n5 owner-builder building work, other than specialist building work, in\nrelation to a class 1, class 2 or class 10 building that is,\nor is to be, the licensee’s main home or ancillary to it\nNote For building work that involves asbestos removal, a builder must hold an asbestos\nremoval licence (see Work Health and Safety Regulation 2011, div 8.10.1).\n\nPart 1.3A Building assessor\nPart 1.3A Building assessor\nitem\n1 class A building\nassessor—energy\nefficiency\n(a) the following building assessment work,\nbased on an on-site inspection:\n(i) preparing an energy efficiency\ncertificate under the Building\nAct 2004; or\n(ii) preparing an energy efficiency rating\nstatement.\nNote Energy efficiency certificate—see the\nBuilding Act 2004, s 139C.\n(b) doing anything allowed to be done under a\nclass B licence\n2 class B building\nassessor—energy\nefficiency\nthe following building assessment work, based on the\nplans of a building:\n(a) preparing an energy efficiency certificate\nunder the Building Act 2004; or\n(b) preparing an energy efficiency rating\nstatement.\nNote Energy efficiency certificate—see the\nBuilding Act 2004, s 139C.\n\nBuilding surveyor Part 1.4\nPart 1.4 Building surveyor\nitem\n1 principal building\nbuilding certification work or, for a corporation,\nsupervision of building certification work\n2 principal building\nsurveyor employee\nbuilding certification work as an employee of a\nprincipal building surveyor\n3 general building\nbuilding certification work or, for a corporation,\nsupervision of building certification work, in relation\nto a building that is 3 storeys or lower and that has a\nfloor area of 2 000m2 or less\n4 general building\nsurveyor employee\nbuilding certification work in relation to a building that\nis 3 storeys or lower and that has a floor area of\n2 000m2 or less, as an employee of a principal building\nsurveyor or general building surveyor\n5 principal government\nbuilding surveyor\nbuilding certification work\n6 government building\nbuilding certification work in relation to a building that\nis 3 storeys or lower and that has a floor area of\n2 000m2 or less\n\nPart 1.5 Drainer\nPart 1.5 Drainer\nitem\n1 advanced sanitary\ndrainer\nsanitary drainage work without supervision\n2 journeyperson drainer sanitary drainage work under supervision of licensee\nwith advanced sanitary drainers licence\n3 operative drainer sanitary drainage work under supervision of licensee\nwith advanced sanitary drainers licence\n\nElectrician Part 1.6\nPart 1.6 Electrician\nitem\n1 electrical contractor 1 electrical wiring work, other than interval\nmetering work or distributed energy resource\nwork, without supervision\n2 supervision of electrical wiring work, other\nthan interval metering work or distributed\nenergy resource work\n2 unrestricted 1 electrical wiring work, other than interval\nmetering work or distributed energy resource\nwork, without supervision\n2 supervision of electrical wiring work, other\nthan interval metering work or distributed\nenergy resource work\n3 electrotechnology\nsystems permit\n1 electrical wiring work under supervision\n2 incidental electrical work\n4 restricted—\nsystems assembly and\nservicing electrical\nfitting\nelectrotechnology assembly and servicing incidental to\nelectrical wiring work in relation to electrical fitting\n5 restricted—\nsystems mechanical\nfitting\nelectrotechnology systems incidental to electrical\nwiring work in relation to mechanical fitting\n6 restricted–\nsystems plumbing and\ngas fitting\nelectrotechnology systems incidental to electrical\nwiring work in relation to plumbing and gasfitting\n7 restricted–\nsystems refrigeration\nand air conditioning\nincidental electrical wiring work in relation to\nrefrigeration and air conditioning disconnection and\nreconnection work\n\nPart 1.6 Electrician\nitem\n8 restricted—\nsystems type B gas\nappliances\nincidental electrical wiring work in relation to\ndisconnection and reconnection of type B gas\nappliances\n9 electrotechnology\nsystems restricted\nincidental electrical work under the supervision of a\nlicensee with a licence in 1 or more of the following\nclasses:\n(a) restricted—electrotechnology systems\nassembly and servicing electrical fitting\n(b) restricted—electrotechnology systems\nmechanical fitting\n(c) restricted—electrotechnology systems\nplumbing and gas fitting\n(d) restricted—electrotechnology systems\nrefrigeration and air conditioning\n(e) restricted—electrotechnology systems type B\ngas appliances\n\nGasfitters Part 1.7\nPart 1.7 Gasfitters\nitem\n1 advanced gasfitting work, other than LP gas (liquid phase)\ninstallation, medical gasfitting work or medical gas\ntechnician work, without supervision\n2 general 1 gasfitting work, other than medical gasfitting\nwork or medical gas technician work, for\npressures below 21kPa without supervision\n2 gasfitting work, other than medical gasfitting\nwork or medical gas technician work, for\npressures above 21kPa under the supervision of a\nlicensee with an advanced gasfitters licence\n3 journeyperson gasfitter gasfitting work, other than medical gasfitting work or\nmedical gas technician work, under the general\nsupervision of a licensee with an advanced gasfitters\nlicence or unrestricted licence\n4 LPG gasfitter (vapour\nphase)\nLP gas (vapour phase) installation without supervision\n5 LPG gasfitter (liquid\nphase)\nLP gas (liquid phase) installation without supervision\n6 restricted\nautomotive—LPG\nLP gas fuel installation on motor vehicles\n7 restricted\nautomotive—NGV\nNGV fuel installation on motor vehicles\n8 restricted\nautomotive—LPG\nforklifts\ngasfitting for LPG forklifts\n9 restricted\nautomotive—NGV\nforklifts\ngasfitting for NGV forklifts\n10 medical gasfitter medical gasfitting work\n\nPart 1.7 Gasfitters\nitem\n11 medical gasfitter\nmedical gasfitting work under the supervision of a\nlicensee with a medical gasfitters licence\n12 medical gas technician medical gas technician work\n13 medical gas technician\nmedical gas technician work under the supervision of a\nlicensee with a medical gas technician licence\n\nGas appliance worker Part 1.7A\nPart 1.7A Gas appliance worker\nitem\n1 unrestricted type A type A gas appliance work without supervision\n2 restricted type A type A gas appliance work under the supervision of a\nlicensee with an unrestricted type A licence\n3 unrestricted type B type B gas appliance work without supervision\n4 restricted\ntype B–level 2\n(a) without supervision—type B gas appliance\nwork on—\n(i) an atmospheric type gas appliance\nthat consumes less than 2000MJ/h; or\n(ii) a forced draft burner system that\nconsumes less than 500MJ/h; and\n(b) under the supervision of a licensee with an\nunrestricted type B licence—any other type B\ngas appliance work\n5 restricted\ntype B–level 1\ntype B gas appliance work under the supervision of a\nlicensee with—\n(a) an unrestricted type B licence; or\n(b) a restricted type B–level 2 licence that\nauthorises the licensee to perform the work to\nbe completed unsupervised\n\nPart 1.8 Plumbers\nPart 1.8 Plumbers\nitem\n1 sanitary plumber sanitary plumbing work without supervision\n2 water supply plumber water supply plumbing work including fire sprinkler\nwork for class 1 and 2 buildings in relation to\npipework of 25mm diameter or less, but not including\nbackflow prevention device test work within the\nmeaning of section 31\n3 irrigation plumber installation of irrigation networks and related\nequipment\n4 journeyperson plumber sanitary plumbing work under supervision of licensee\nwith sanitary plumbers licence\n5 fire sprinkler fitter fire sprinkler work and work on a fire hydrant or fire\nhose connection point\n6 journeyperson fire\nsprinkler fitter\nfire sprinkler work, and work on a fire hydrant or fire\nhose connection point, under supervision of licensee\nwith fire sprinkler fitter licence\n\nWorks assessors Part 1.9\nPart 1.9 Works assessors\nitem\n1 Class A works\nassessor—planning\nand development\nundertaking an exemption assessment under the\nPlanning Act 2023\n2 Class B works\nassessor—planning\nand development\nundertaking an exemption assessment under the\nPlanning Act 2023, in relation to the following:\n(a) site work under the Building Act 2004 for a\nclass 1 building or class 10 building or other\nstructure;\n(b) development in relation to a class 1 building\nor class 10 building or other structure,\nmentioned in the Planning (Exempt\nDevelopment) Regulation 2023, schedule 1,\nother than the following:\n(i) division 1.4.7;\n(ii) section 1.134;\n(iii) section 1.136;\n(iv) section 1.139;\n(v) section 1.141 to section 1.145\n3 works assessor—unit\ntitles\nproviding, including doing anything incidental to\nproviding, a unit tiles assessment report under the Unit\nTitles Act 2001\n\n(see s 43)\n","sortOrder":69},{"sectionNumber":"Part 2","sectionType":"part","heading":"1 Builders licence demerit grounds for occupational","content":"Part 2.1 Builders licence demerit grounds for occupational\nitem\n2.1.1 fail to comply with building code, vol 1, cl B1P1 or vol 2, cl H1P1 in\ndamage not minimised as demonstrated by deformation in single\nelement of brickwork, blockwork, or stonework, laid in mortar\ncausing crack or split in joint if—\n(a) crack or split wider than 3mm; or\n(b) face of element on either side of crack or split out of\nalignment with opposite face across crack or joint by more\nthan 3mm\ncreation of defective single\nmasonry element—cracked or\nsplit more than 3mm\n\nitem\n2.1.2 fail to comply with building code, vol 1, cl B1P1 or vol 2, cl H1P1 in\ndamage not minimised as demonstrated by deformation in single\nelement concrete floor or structural concrete element causing crack or\nsplit in joint if—\n(a) crack or split wider than 5mm; or\n(b) face of element on either side of crack or split out of\nalignment with opposite face across crack or joint by more\nthan 5mm\ncreation of defective single\nconcrete element—cracked or\nsplit more than 5mm\n2.1.3 fail to comply with building code, vol 1, cl B1P1 or vol 2, cl H1P1 in\ndamage not minimised as demonstrated by deformation in wall, wall\nrender, wall lining, wall tiling, ceiling lining or cornice causing crack\nor split in joint\ncreation of defective wall or\nwall render, lining or tiling, or\nceiling lining or cornice—\ncracked or split\n\nitem\n2.1.4 fail to comply with building code, vol 1, cl B1P1 or vol 2, cl H1P1 in\ndamage not minimised as demonstrated by possibility of instability or\ncollapse of primary building element susceptible to termite attack\nbecause not provided with code-compliant termite risk management\nsystem\nfailure to protect primary\nbuilding element with\ncompliant termite\nmanagement system\n2.1.5 fail to comply with building code, vol 1, cl F1P2, F1P4, F2P1 or F3P1\nor vol 2, cl H2P1 (2), H2P2 or H2P3—surface water, water or\ndampness could occur in building other than under code\nfailure to protect a building\nfrom water or dampness\n2.1.6 fail to comply with building code, vol 1, cl F1P1 or vol 2,\ncl H2P1 (1)—surface water collected or concentrated by building not\ndisposed of in code-compliant way that avoids damage or nuisance to\nanother property, or likelihood of damage or nuisance\ndefective surface water\ncollection or concentration\ndisposal that damaged or\ncaused nuisance or likelihood\nof either to other property\n\nitem\n2.1.7 fail to comply with building code, vol 1, cl F1P3 or vol 2,\ncl H2P1 (3)—drainage system for disposal of surface water did not, in\ncode-compliant way—\n(a) carry water to appropriate outfall; or\n(b) avoid entry of water to building; or\n(c) avoid water damaging building\ndefective drainage system—\nfailure to carry water to\nappropriate outfall, avoid\nentry of water to building or\navoid water damaging\nbuilding\n2.1.8 fail to comply with building code, vol 1, cl E2P1 or vol 2, cl H3P2—\nbuilding without code-compliant automatic warning on smoke\ndetection\ncreation of building without\neffective smoke alarm\n2.1.9 fail to comply with building code, vol 1, cl F2P2 or vol 2, cl H4P1—\nwater not stopped from penetrating behind fittings, linings or\nconcealed spaces of sanitary facilities, bathrooms, laundries and other\nwet area facilities\ndefective wet area\nwaterproofing or water\ncontainment\n\nitem\n2.1.10 fail to comply with building code, vol 1, cl F5P1 or vol 2, cl H4P2—\nheight of room or other space more than 50mm less than code requires\nceiling height more than\n50mm too low\n2.1.11 fail to comply with building code, vol 1, cl F7P1 to F7P4 or vol 2,\ncl H4P6—floor, wall or floor or wall penetration do not comply with\ncode sound transmission and insulation requirements\ndefective sound transmission\nor insulation arrangements\n2.1.12 fail to comply with building code, vol 1, cl D1P2 (c) (v) or vol 2,\ncl H5P1 (b) (iii)—geometry of stairway risers or goings do not satisfy\ncode safe passage requirements\ncreation of unsafe step or\nstairway\n2.1.13 fail to comply with building code, vol 1, cl D1P3 or vol 2, cl H5P2—\nbarrier required under code to prevent people falling not provided\ndefective or no safety barrier\n\nitem\n2.1.14 fail to comply with building code, vol 1, cl G1P2 or vol 2, cl H7P1 or\nH7P2—swimming pool over 300mm deep without code compliant\nsafety barrier or water recirculation system\ncreation of swimming pool\nwith defective or no safety\nbarrier, or water recirculation\nsystem with defective or no\nsafety measures to avoid\nentrapment or injury\n2.1.15 fail to comply with building code, vol 1, cl C1P2 or vol 2, cl H3P1—\nbuilding with element that does not comply with code to avoid spread\nof fire to exit, sole-occupancy unit or public area or between buildings\nor in building\ndefective or no fire spread\navoidance measures\n2.1.16 fail to comply with Building Act 2004, s 37A (2)—carried out or\nsupervised building work without displaying sign\ncarrying out or supervising\nbuilding work without\ndisplaying sign\n\nitem\n2.1.17 fail to comply with Building Act 2004, s 37A (5)—carried out or\nsupervised building work without replacing or repairing damaged sign\nwithin 2 days or prescribed period\ncarrying out or supervising\nbuilding work without\nreplacing or repairing\ndamaged sign within 2 days or\nprescribed period\n2.1.18 fail to comply with Building Act 2004, s 42 (1) (c)—mortar joint in\nmortar-jointed masonry element not between 8mm and 12mm wide or\nbed joint not horizontal\ncreation of defective masonry\njoint—mortar joint not\nbetween 8mm and 12mm wide\nor bed joint not horizontal\n2.1.19 fail to comply with Building Act 2004, s 42 (1) (c)—beam, doorway,\nwindow, wall, column, post or truss erected out of plumb\ncreation of out of plumb beam,\ndoorway, window, wall,\ncolumn, post or truss\n2.1.20 fail to comply with Building Act 2004, s 42 (1) (c)—floor, ceiling,\nbeam or sill erected out of horizontal\ncreation of out of horizontal\nfloor, ceiling, beam or sill\n2.1.21 fail to comply with Building Act 2004, s 42 (1) (c)—floor, ceiling or\nbeam erected so surface not flat\ncreation of floor, ceiling or\nbeam without flat surface\n\nitem\n2.1.22 fail to comply with Building Act 2004, s 42 (1) (d)—building erected\nmore than 100mm but less than 300mm away from position relative to\nboundaries indicated on approved plans\nbuilding siting on approved\nplan by more than 100mm but\nless than 300mm\n2.1.23 fail to comply with Building Act 2004, s 42 (1) (d)—building erected\n300mm or more away from position relative to boundaries indicated\non approved plans\nbuilding siting on approved\nplan by 300mm or more\n2.1.24 fail to comply with Building Act 2004, s 42 (1) (d)—part of floor\nerected more than 100mm higher or lower than level indicated on\napproved plans\nfailure to comply with floor\nlevel on approved plan by\nmore than 100mm\n2.1.25 fail to comply with Building Act 2004, s 42 (1) (d)—top of building\nerected more than 300mm higher than height indicated on approved\nplans\nbuilding height requirements\nof approved plan by more than\n300mm\n\nitem\n2.1.26 fail to comply with Building Act 2004, s 42 (1) (d)—location of\nstructural element, wall, window or door, relative to building erected\nmore than 100mm away from position on building indicated on\napproved plans or in position where plans indicate other element to be\nerected\nfailure to comply with set out\nrequirements of approved plan\nfor structural element, wall,\nwindow or door by more than\n100mm, or inclusion of\nunplanned structural element,\nwall, window or door\n2.1.27 fail to comply with Building Act 2004, s 42 (1) (d)—lineal dimensions\nof window, door or doorway erected more than 100mm larger or\nsmaller than lineal dimension of window, door or doorway indicated\non approved plans\ndimensional requirements of\napproved plan for window,\ndoor or doorway by more than\n100mm\n2.1.28 fail to comply with Building Act 2004, s 42 (1) (d)—beam, doorway,\nwindow, wall, column, post or truss in approved plan not erected\nfailure to include significant\nbuilding element from\n\nitem\n2.1.29 fail to comply with Building Act 2004, s 42 (1) (f)—carried out\nbuilding work when not builder in commencement notice and not\nunder supervision of builder in notice\ncarrying out building work\nwhen not in commencement\nnotice or supervised by notice\nbuilder\n2.1.30 fail to comply with Building Act 2004, s 43 (2)—proceeded with\nbuilding work above dampcourse level although certifier has not\nreceived required document or is not satisfied that position of building\nor level of all floors comply with approved plan and any condition\nfailure to provide survey plan\nor document or comply with\napproved plan or condition\nbefore building above\ndampcourse\n2.1.31 fail to comply with Building Act 2004, s 43 (3)—proceeded beyond\nstage of building work without giving written notice to certifier or\nwithout certifier’s written permission to proceed\nfailure to give written notice\nto certifier about reaching\ninspection stage or obtain\nwritten permission before\nproceeding\n2.1.32 fail to comply with Building Act 2004, s 64—did not comply with stop\nnotice\nfailure to comply with stop\nnotice\n\nitem\n2.1.33 fail to comply with Building Act 2004, s 64—did not comply with\nnotice to produce survey plan\nfailure to comply with notice\nto provide survey plan\n\nBuilding surveyors licence demerit grounds for occupational discipline—Act, s 55 (1) (a) Part 2.2\nPart 2.2 Building surveyors licence demerit grounds for\nitem\n2.2.1 fail to comply with Building Act 2004, s 24, s 28A (4) or s 37 (6)—\ncertifier failed to give registrar required notice\nfailure to notify registrar as\nrequired under Building\nAct 2004\n2.2.2 fail to comply with Building Act 2004, s 28—certifier failed to issue\nbuilding approval when should have, or issued building approval when\nno grounds to issue\nfailure to issue required\nbuilding approval, or issue of\nunauthorised building\napproval\n\nPart 2.2 Building surveyors licence demerit grounds for occupational discipline—Act, s 55 (1) (a)\nitem\n2.2.3 fail to comply with Building Act 2004, s 28A (1) or (2)—certifier\nissued building approval that was not, or not entirely—\n(a) marked on, attached to, or partly marked on and partly\nattached to, plans in relation to which approval was issued; or\n(b) marked on plans and certifier did not indicate on plans that\napproval, or part of approval, in separate document\nfailure to mark, attach or\nannotate building approval\nrequired detail on approved\nplan\n2.2.4 fail to comply with Building Act 2004, s 30—certifier issued building\napproval that allowed building work that would contravene law\nbecause of external design or siting of building\nissuing improper building\napproval—building work\nwould contravene law because\nof external design or siting\n2.2.5 fail to comply with Building Act 2004, s 37 (5)—certifier failed to\nissue building commencement notice as required\nfailure to issue building\ncommencement notice as\n\nBuilding surveyors licence demerit grounds for occupational discipline—Act, s 55 (1) (a) Part 2.2\nitem\n2.2.6 fail to comply with Building Act 2004, s 44 (1)—received notice that\nlicensee reached stage of building work but did not inspect the\nbuilding work as soon as practicable\nfailure to do required\ninspection as soon as\npracticable after receiving\nnotification about it\n2.2.7 fail to comply with Building Act 2004, s 44 (2) (a)—certifier satisfied\nthat building work not compliant with Building Act 2004, s 42, but did\nnot give licensee in charge of building work written notice in\naccordance with s 44 (2) (a)\nfailure to give written notice\nin accordance with Building\nAct 2004, s 44 (2) (a)\n2.2.8 fail to comply with Building Act 2004, s 44 (2) (b)—building work\ncomplied with Building Act 2004, s 42, but certifier did not certify\ncompliant or give certificate of compliance to licensee in charge of\nwork\nfailure to give certificate of\ncompliance after finding\ncompliant work during\nrequired inspection\n2.2.9 fail to comply with Building Act 2004, s 50—certifier failed to notify\nregistrar of contravention of building approval or development\napproval in accordance with s 50\nfailure to notify registrar of\nknown contravention of\nbuilding approval or\ndevelopment approval\n\nPart 2.2 Building surveyors licence demerit grounds for occupational discipline—Act, s 55 (1) (a)\nitem\n2.2.10 fail to comply with Unit Titles Act 2001, s 22B (3) (b)—fail to give\ncopy of unit title assessment report to territory planning authority\nwithin 5 working days after giving report to applicant\nfailure to give copy of report\nto authority within 5 working\ndays after giving report to\napplicant\n\nPart 2.3 Drainers licence demerit grounds for occupational\nitem\n2.3.1 fail to comply with Water and Sewerage Regulation 2001, s 6 (1),\nperformance requirement under plumbing code cl C2P1—sanitary\ndrainage system that does not ensure sewage is transferred from a\nsanitary plumbing system to an approved disposal system\nsewage conveyed from\nsanitary plumbing system to\napproved disposal system\n2.3.2 fail to comply with Water and Sewerage Regulation 2001, s 6 (1),\nperformance requirement under plumbing code cl C2P6—sanitary\ndrainage system that does not avoid blockage or uncontrolled\nblockage or uncontrolled\n\nitem\n2.3.3 fail to comply with Water and Sewerage Regulation 2001, s 6 (1),\nperformance requirement under plumbing code cl C2P7—sanitary\ndrainage system that does not avoid—\n(a) damage from root penetration, superimposed loads or ground\nmovement; or\n(b) damage to existing buildings or siteworks; or\n(c) damage to the Network Utility Operator’s sewerage system\nanother approved disposal system.\ndamage\n2.3.4 fail to comply with Water and Sewerage Regulation 2001, s 6 (1),\nperformance requirement under plumbing code cl C2P3—sanitary\ndrainage system that does not ensure access for maintenance or\naccess for maintenance or\n\nitem\n2.3.5 fail to comply with Water and Sewerage Regulation 2001, s 6 (1),\nperformance requirement under plumbing code cl C2P4 (1)—sanitary\ndrainage system designed, constructed or installed in way that failed\nto provide ventilation to avoid likelihood of foul air or gases\naccumulating in the sanitary drainage system or sewerage system\nsystem without adequate\nventilation of foul air or gases\n2.3.6 fail to comply with Water and Sewerage Regulation 2001, s 6 (1),\nperformance requirement under plumbing code cl C2P5—sanitary\ndrainage system that—\n(a) does not ensure protection against internal contamination; or\n(b) does not avoid the entry of water, foul air and gases from the\nsystem into a building; or\n(c) does not avoid the entry of surface water, subsurface water\nand stormwater into the system\nprotection from internal\ncontamination, or avoid entry\nof water or gases\n\nitem\n2.3.7 fail to comply with Water and Sewerage Regulation 2001, s 6 (1),\nperformance requirement under plumbing code cl D1P1 or D1P2—\nsanitary drainage system that—\n(a) creates undue noise; or\n(b) does not reduce the transmission of airborne or impact\ngenerated sound; or\n(c) compromises the required sound insulation of a floor or wall\nby incorporation or penetration of the system.\nsanitary drainage system that\ncreates undue noise, does not\nreduce transmission of sound\nor compromises required\nsound insulation\n2.3.8 fail to comply with Water and Sewerage Act 2000, s 16—provided\nsanitary drainage service without giving required notice\nof intention to start or\ncompletion of sanitary\ndrainage work\n2.3.9 fail to comply with Water and Sewerage Regulation 2001, s 7 (1)—\ndid work on sanitary drainage system other than in accordance with\nwork other than in accordance\nwith approved plan\n\nitem\n2.3.10 fail to comply with Water and Sewerage Regulation 2001, s 8—\n(a) did not tell registrar when sanitary drainage work ready for\ninspection; or\n(b) did not leave sanitary drainage work ready for inspection as\nfailure to tell registrar sanitary\ndrainage work ready for\ninspection or to leave work\n2.3.11 fail to comply with Water and Sewerage Regulation 2001, s 9 (1)—\ndid not test sanitary drain in accordance with AS/NZS 3500 before it\nwas to be passed by an inspector or, if the sanitary drain was altered or\nrepaired, before the alteration or repair was to be passed\nfailure to test sanitary drain\nbefore inspection\n2.3.12 fail to comply with Water and Sewerage Regulation 2001, s 9 (3)—\ndid not rectify sanitary drainage work found to be defective\nsanitary drainage work found\nby test\n\nitem\n2.3.13 fail to comply with Water and Sewerage Regulation 2001, s 10—did\nplan within required time for sanitary drainage work completed in\naccordance with the plumbing code\ncompleted sanitary drainage\nwork\n\nElectricians licence demerit grounds for occupational discipline—Act, s 55 (1) (a) Part 2.4\nPart 2.4 Electricians licence demerit grounds for occupational\nitem\n2.4.1 fail to comply with Electricity Safety Act 1971, s 4 connection of electrical\ninstallation to network before\ninstallation inspected, tested\nand passed\n2.4.2 fail to comply with Electricity Safety Act 1971, s 5 electrical wiring work not\ncompliant with electrical\nwiring rules\n2.4.3 fail to comply with Electricity Safety Act 1971, s 6 failure to test electrical wiring\nwork or give required test\nreport\n\nPart 2.4 Electricians licence demerit grounds for occupational discipline—Act, s 55 (1) (a)\nitem\n2.4.4 fail to comply with Electricity Safety Act 1971, s 8 (7) failure to comply with\ndirection to make installation\nor work safe and compliant\n2.4.5 fail to comply with Electricity Safety Act 1971—\n(a) s 12 (1) (a) (ii) and (b); or\n(b) s 12 (2) (a) (ii) and (b); or\n(c) s 13 (a) (ii) and (b).\ninstallation or connection of\nunsafe prescribed article of\nelectrical equipment to\nelectrical installation\n\nPart 2.5 Gasfitters licence demerit grounds for occupational\nitem\n2.5.1 fail to comply with Gas Safety Act 2000, s 8 requiring work to be done\nunder AS 5601, cl 2.5.2—provided outlet not connected to gas\nappliance and not sealed with plug, cap or blank flange\nfailure to appropriately seal\nsurplus gas outlet\n2.5.2 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cls 3.2.1 and 3.3.6—material used to join\ncomponents of consumer piping system, or to connect to consumer\npiping system, with incompatible mating screw threads or\nnoncompliant joint\ncreation of noncompliant joint\nin, or connection to, consumer\npiping system\n\nitem\n2.5.3 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cls 4.1.3, 4.3.1 (c) and 4.4—material of\nconsumer piping system, or connecting to consumer piping system,\nnot adequately protected from corrosion or isolated from incompatible\nmaterial\ncreation of part of consumer\npiping system, or connection\nto it, without compliant\ncorrosion protection or\nisolation between\nincompatible material\n2.5.4 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 4.1.12—pipework forming part of consumer\npiping system required to have compliant markings and did not have\nthem\nfailure to adequately identify\ngas pipework\n2.5.5 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 4.2.4—pipework forming part of consumer\npiping system with diameter too small to achieve required available\ngas pressure\ncreation of part of consumer\npiping system with\nnoncompliant pipework size\n\nitem\n2.5.6 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 4.3—inadequate spacing or strength of\ndevices supporting or restraining, or intended to support or restrain,\nconsumer piping system\nfailure to adequately support\nor restrain gas pipework\n2.5.7 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 4.6—part of piping system required to have\nadequate pressure protection device\ncreation of consumer piping\nsystem with defective gas\npressure protection\n2.5.8 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 4.7—gas vent located in noncompliant\nposition, or so could discharge gas in prohibited way, or no required\ngas vent provided\ncreation of noncompliant gas\nvent discharge point or failure\nto provide required gas vent\n\nitem\n2.5.9 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cls 4.8.2 and 4.8.3—gas hose assembly\nconnection point located—\n(a) in bedroom, bathroom, sauna, toilet or hallway; or\n(b) in place where traffic across hose; or\n(c) if used for space heater—1m or less from doorway\ncreation of gas hose assembly\nconnection in noncompliant\nlocation\n2.5.10 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 4.9.2—quick-connect type gas connection\npoint installed outside in way that possible for rainwater and debris to\nenter it\ncreation of quick-connect gas\ndevice outside with likelihood\nof entry of water or debris\n2.5.11 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 4.11.3—part of consumer piping system\nlocated less than 25mm from metal electrical conduit, metal-armoured\nor metal-sheathed electrical wire or cable, or electrical earthing\nelectrode\ncreation of part of gas\npipework less than 25mm\nfrom electrical installation\n\nitem\n2.5.12 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 4.11.11—part of consumer piping system\nexposed to potential liquid discharge (eg from water heater relief\nvalve or condensate drain)\ncreation of part of gas\npipework exposed to liquid\n2.5.13 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cls 5.2.4, 5.3.1 and 5.4—\n(a) gas appliance’s ventilation inadequate to ensure appliance’s\nsafe operation; or\n(b) possibility that operation of ventilation system, air\ndistribution system or air blower could deprive gas appliance\nof air required for combustion or caused air pressure to be\nless than atmospheric pressure at appliance or otherwise\nadversely affected appliance’s operation; or\nfailure to provide gas\nappliance with compliant air\nventilation or adequate\ncombustion air supply\n\nitem\n(c) gas appliance installed at location without adequate\nventilation for complete combustion of gas, proper fluing or\nmaintenance of ambient temperature of immediate surrounds\nat safe level, under normal operating conditions; or\n(d) air supply to gas appliance contaminated with gases produced\nby fuel combustion, or contained chemicals or flammable\nvapours that could have affected combustion; or\n(e) gas appliance in room or enclosure required to have 1 or\nmore of following, but did not:\n(i) natural ventilation direct from outside the room or\nenclosure;\n(ii) natural ventilation from nearby room or enclosure;\n(iii) mechanical ventilation\n\nitem\n2.5.14 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 5.2.5—gas appliance installed other than in\naccordance with manufacturer’s instructions\ninstallation not in accordance\nwith manufacturer’s\ninstructions\n2.5.15 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 5.2.6—gas appliance installed but failure to\ninstall component or install in compliant way may have affected safe\noperation\ncreation of potentially unsafe\ngas appliance installation\n\nitem\n2.5.16 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cls 5.2.7, 5.3.4 and 5.12—gas appliance\ninstalled so that—\n(a) surface temperature of nearby combustible surface could\nexceed 65˚C above ambient temperature because of use of\nappliance; or\n(b) appliance is hazard to walls, nearby surfaces, curtains,\nfurniture or opened door; or\n(c) clearance from appliance, including any flue, to anything else\nless than required\ninstallation too close to\ncombustible surface or other\nhazardous thing\n\nitem\n2.5.17 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cls 5.2.13, 5.2.15, 5.2.18, 5.2.19 and 5.12—\ngas appliance installed—\n(a) so that supported on, or secured to, structure that not durable,\nor otherwise inappropriate; or\n(b) so that supported or secured in way that does not minimise\nstrain on any gas pipe connection; or\n(c) so that not secured or stabilised in way suitable for its\nconditions of use or in accordance with manufacturer’s\ninstruction (eg upright stove not prevented from tilting when\noven door open and lent on; or\n(d) but not restrained, or restrained in noncompliant way if\nrequired to be restrained against rolling on wheels, rollers or\ncastors\ncreation of gas appliance with\nnoncompliant support,\nsecurity, restraint or stability\n\nitem\n2.5.18 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 5.3.11 (c) and (d)—gas appliance in roof\nspace not provided with compliant access walkway—\n(a) of required dimensions from point of access into roof space to\ngas appliance and around appliance; and\n(b) with no duct intruding on it; and\n(c) capable of supporting person’s weight; and\n(d) permanently fixed to building\nfailure to provide compliant\nwalkway to roof space gas\nappliance\n2.5.19 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 5.3.11 (f)—gas appliance in roof space\nwithout required artificial lighting or lighting switch located adjacent\nto, and within 600mm from closest edge of, access opening into roof\nspace\nfailure to provide required\ncompliant artificial light to\nroof-space gas appliance\n\nitem\n2.5.20 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 5.3.11 (c) and (g)—roof-space gas appliance\nlocated so that cannot be readily lit or serviced, or so that components\ncannot be removed\ncreation of defective roof-\nspace gas appliance\ninstallation—not readily lit or\nserviced, parts cannot be\nremoved\n2.5.21 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 5.3.11 (e)—roof-space gas appliance required\nto be installed in stated way on non-combustible platform or on\ncombustible platform with compliant heat shielding was not installed\nthat way\ncreation of roof-space gas\nappliance with platform\ninadequately protected from\ncombustion\n2.5.22 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 5.6—thing connected to consumer piping\nsystem did not have required compliant device to allow thing to be\nisolated or disconnected from gas supply\nfailure to provide required\ncompliant way to disconnect\nor isolate gas supply\n\nitem\n2.5.23 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 5.11—gas appliance installed without\nrequired automatic gas shut-off if operation of overhead automatic\nfire-extinguishing equipment might extinguish appliance’s flame\ninstallation without automatic\ngas shut-off on automatic fire\nextinguishing\n2.5.24 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl 5.13—gas appliance with flue made of\nnoncompliant material or configured, located or supported in\nnoncompliant way\ninstallation with noncompliant\nflue\n2.5.25 fail to comply with Gas Safety Act 2000, s 8, requiring work to be\ndone under AS 5601, cl E3.2.1—consumer piping system gas pressure\ndropped or gas leaked more than allowed\ncreation of consumer piping\nsystem or connection that\nleaked gas or dropped gas\npressure\n2.5.26 fail to comply with Gas Safety Act 2000, s 9—gasfitting work\ncompleted in accordance with Gas Safety Act 2000, s 8, but certificate\nof compliance for work not given in accordance with Gas Safety\nAct 2000\nfailure to give appropriate\ncertificate of compliance for\npipework\n\nitem\n2.5.27 fail to comply with Gas Safety Act 2000, s 23 (2)—gas appliance that\nnot approved connected to consumer piping system\nconnection of unapproved\nappliance to consumer piping\nsystem\n\nPart 2.6 Plumbers licence demerit grounds for occupational\nitem\n2.6.1 fail to comply with Water and Sewerage Regulation 2001, s 6 (1),\nperformance requirement under plumbing code cl C1P4—sanitary\nplumbing system that does not avoid blockage or uncontrolled\nblockage or uncontrolled\n\nitem\n2.6.2 fail to comply with Water and Sewerage Regulation 2001, s 6 (1),\nperformance requirement under plumbing code cl C1P6—\nsanitary plumbing system that does not avoid—\n(a) entry of water, sewerage and sullage from the system into a\nbuilding; or\n(b) entry of foul gases from the system into a building\ninconsistent with code; or\n(c) entry of surface water, subsurface water and storm water into\nthe system\nentry of water, sewerage,\nsullage or foul gases into a\nbuilding, or entry of outside\nwater into the system\n2.6.3 fail to comply with Water and Sewerage Regulation 2001, s 6 (1),\nperformance requirement under plumbing code cl C1P2—\nsanitary plumbing system that does not ensure access for maintenance\nof mechanical components, operational controls or for clearing\nblockages\naccess for maintenance of\nmechanical components,\noperational controls or\n\nitem\n2.6.4 fail to comply with Water and Sewerage Regulation 2001, s 6 (1),\nperformance requirement under plumbing code cl C1P7—sanitary\nplumbing system that does not avoid damage from superimposed\nloads, ground movement or root penetration\ndamage from loads, ground\nmovement or root penetration\n2.6.5 fail to comply with Water and Sewerage Regulation 2001, s 18 (1),\nperformance requirement under plumbing code cl B5P1—water\nservice designed, constructed or installed in way that does not avoid\ncontamination\ncreation of water service that\ndoes not avoid contamination\n2.6.6 fail to comply with Water and Sewerage Regulation 2001, s 18 (1),\nperformance requirement under plumbing code cl B1P3—cold water\nservice that—\n(a) does not ensure access for maintenance of mechanical\ncomponents and operational controls; or\n(b) does not ensure the system, appliances and devices can be\nisolated for testing and maintenance\ncreation of cold water service\nthat does not ensure access for\nmaintenance, or does not\nensure the system, appliances\nand devices can be isolated for\ntesting and maintenance\n\nitem\n2.6.7 fail to comply with Water and Sewerage Regulation 2001, s 18 (1),\nperformance requirement under plumbing code cl B1P6—cold water\nservice that does not avoid failure or uncontrolled discharge\ncreation of cold water service\nthat does not avoid failure or\nuncontrolled discharge\n2.6.8 fail to comply with Water and Sewerage Act 2000, s 11 or s 15 (1) and\nWater and Sewerage Regulation 2001, s 17—\n(a) installed or fitted sprinkler system or part of fire sprinkler\nservice without giving required notice of start to registrar; or\n(b) provided a water supply plumbing service without giving\nrequired notice of start to registrar or without required\napproval of plan\nof intention to start sprinkler\nor fire sprinkler work or give\nrequired notice of intention to\nstart, or to get approval for\nplan for, water supply\nplumbing service\n2.6.9 fail to comply with Water and Sewerage Act 2000, s 15 (2) or (3)—\n(a) contravened direction of registrar about how water supply\nplumbing service is to be provided; or\n(b) installed a thing to which the plumbing code, part A5 applies\nand the thing was not certified under the part\nfailure to provide service as\ndirected by registrar or\ninstalled thing not certified\nunder plumbing code, part A5\n\nitem\n2.6.10 fail to comply with Water and Sewerage Regulation 2001, s 19—\n(a) did not tell registrar when water supply plumbing work ready\nfor inspection; or\n(b) did not leave water supply plumbing work ready for\ninspection as required\nfailure to tell registrar water\nsupply plumbing work ready\nfor inspection or to leave work\n2.6.11 fail to comply with Water and Sewerage Regulation 2001, s 20 (1)—\ndid not test water supply plumbing in accordance with AS/NZS 3500\nbefore it was to be passed by an inspector or, if the water supply\nplumbing was altered or repaired, before the alteration or repair was to\nbe passed\nfailure to test water supply\nplumbing before inspection\n2.6.12 fail to comply with Water and Sewerage Regulation 2001, s 20 (3)—\ndid not rectify water supply plumbing work found to be defective\nwater supply plumbing work\nfound by test\n\nitem\n2.6.13 fail to comply with Water and Sewerage Regulation 2001, s 21—did\nplan within required time for water supply plumbing work completed\nin accordance with the plumbing code\ncompleted water supply\nplumbing work\n2.6.14 fail to comply with Water and Sewerage Regulation 2001, s 22 (4)—\ninstalled testable backflow prevention device but did not tell registrar\nabout installation or ensure device tested as required as soon as\npracticable\ninstallation of testable\nbackflow prevention device\nwithout notifying or testing\n2.6.15 fail to comply with Water and Sewerage Act 2000, s 16—provided\nsanitary plumbing service without giving required notice\nof intention to start or\ncomplete sanitary plumbing\nwork\n2.6.16 fail to comply with Water and Sewerage Regulation 2001, s 7 (1)—\ndid work on sanitary plumbing system other than in accordance with\nwork other than in accordance\nwith approved plan\n\nitem\n2.6.17 fail to comply with Water and Sewerage Regulation 2001, s 8—\n(a) did not tell registrar when sanitary plumbing work ready for\ninspection; or\n(b) did not leave sanitary plumbing work ready for inspection as\nfailure to tell registrar sanitary\nplumbing work ready for\ninspection or to leave work\n2.6.18 fail to comply with Water and Sewerage Regulation 2001, s 9 (1)—\ndid not test sanitary plumbing in accordance with AS/NZS 3500\nbefore it was to be passed by an inspector or, if the sanitary plumbing\nwas altered or repaired, before the alteration or repair was to be passed\nfailure to test sanitary\nplumbing before inspection\n2.6.19 fail to comply with Water and Sewerage Regulation 2001, s 9 (3)—\ndid not rectify sanitary plumbing work found to be defective\nsanitary plumbing work found\nby test\n\nitem\n2.6.20 fail to comply with Water and Sewerage Regulation 2001, s 10—did\nplan within required time for sanitary plumbing work completed in\naccordance with the plumbing code\ncompleted sanitary plumbing\nwork\n\nPart 2.7 Plumbing plan certifiers licence demerit grounds for occupational discipline—Act, s 55 (1) (a)\nPart 2.7 Plumbing plan certifiers licence demerit grounds for\nitem\n2.7.1 fail to comply with Water and Sewerage Act 2000, s 8 (1)—approved\nplumbing or sanitary drainage work plan without required approvals\nfailure to obtain required\napproval before approving\nplumbing or drainage plan\n2.7.2 fail to comply with Water and Sewerage Act 2000, s 8 (2) (e)—\ncertifier issued plan approval for proposed plumbing or sanitary\ndrainage work, or approved amendment plan, where design of work\ndid not comply with the plumbing code\ncreation of plan approval or\namendment for noncompliant\nplumbing or drainage work\n2.7.3 fail to comply with Water and Sewerage Act 2000, s 9 (2)—\ncertifier approved amendment to plan approval for proposed plumbing\nor sanitary drainage work if reconsideration required\napproved amended plan that\nrequired reconsideration\n\nPlumbing plan certifiers licence demerit grounds for occupational discipline—Act, s 55 (1) (a) Part 2.7\nitem\n2.7.4 fail to comply with Water and Sewerage Act 2000, s 9 (4)—\ncertifier did not keep all documents relating to approved plumbing or\ndrainage plan for at least 12 months\nfailure to keep plan approval\nrecords for 1 year\n2.7.5 fail to comply with Water and Sewerage Act 2000, s 10—certifier did\nnot notify registrar within 7 days after end of appointment under\nWater and Sewerage Act, s 5 (3)\nfailure to notify loss of\nappointment as certifier within\n7 days after loss\n\nPart 2.7A Works assessor licence demerit grounds for occupational discipline—Act, s 55 (1) (a)\nPart 2.7A Works assessor licence demerit grounds for\nitem\n2.7A.1 fail to comply with Unit Titles Act 2001, s 22B (3) (b)—fail to give\ncopy of unit title assessment report to territory planning authority\nwithin 5 working days after giving report to applicant\nfailure to give copy of report\nto authority within 5 working\ndays after giving report to\napplicant\n\nAll licences demerit grounds for occupational discipline—Act, s 55 (1) (a) Part 2.8\nPart 2.8 All licences demerit grounds for occupational\nitem\n2.8.1 fail to comply with Act, s 40—contravention of rectification order\nother than emergency rectification order\ncontravention of non-\nemergency rectification order\n2.8.2 fail to comply with Act, s 40—contravention of emergency\nrectification order\ncontravention of emergency\nrectification order\n2.8.3 fail to comply with Act, s 47—did not give client evidence of relevant\ninsurance before providing construction service\nfailure to give client insurance\nevidence\n\nPart 2.8 All licences demerit grounds for occupational discipline—Act, s 55 (1) (a)\nitem\n2.8.4 fail to comply with Act, s 87 (1)—contravention of licence condition\nthat—\n(a) limited number or cost of construction services provided\nunder licence; or\n(b) required licensee to do something in a stated way in\nconnection with the performance of a construction service\nfailure to comply with licence\ncondition\n2.8.5 fail to comply with Act, s 87 (3)—contravention of applicable code of\npractice\napplicable code of practice\n\nLicence demerit grounds for occupational discipline under Act, s 55 (1)\n(other than par (a))\n","sortOrder":70},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":null,"content":"Schedule 3\nSchedule 3 Licence demerit grounds for\noccupational discipline under\nAct, s 55 (1) (other than par (a))\n(see s 43)\nitem\nprovision\n3.1 s 55 (1) (b) giving false or\nmisleading information\n\n(see pt 6A)\nitem\n1 Act, 19 (1) refuse to issue licence applicant for licence\n2 Act, 19 (1) issue licence for period\nless than maximum\nperiod for which\nlicence may be issued\napplicant for licence\n3 Act, 19 (2) issue licence other than\nlicence applied for\napplicant for licence\n4 Act, 21 (2) amend licence by\nputting condition on\nlicence, or amending or\ncancelling licence\n5 Act, 21 (2) refuse to amend\n6 Act, 21A amend licence by\nputting condition on\n7 Act, 22 refuse to endorse\n8 Act, 25 renew licence for\nperiod less than the\nmaximum period for\nwhich licence may be\nrenewed\napplicant for renewal\n9 Act, 25 (2) or (3) refuse to renew licence person whose licence\nrenewal refused\n10 Act, 26 refuse to cancel licence licensee\n11 Act, 29 refuse to approve\nresignation of nominee\nof corporation or\npartnership\nnominee, corporation or\npartnership\n\nReviewable decisions Schedule 4\nitem\n12 Act, 37 authorise licensee to\nenter land\nentity given notice under\ns 34 in relation to land or\n13 Act, 38 make rectification\norder\nperson or entity to which\nrectification order relates\n14 Act, 53 refuse to revoke\nautomatic suspension\n15 Act, 56 (1) (b), (c) or\n(d)\ntake disciplinary action licensee\n16 Act, 53A (2) cancel licence\nfollowing 3-month\nperiod of automatic\nsuspension\n17 Act, 59 (2) suspend licence licensee\n18 Act, 61 (2) refuse to revoke\nsuspension\n19 Act, 95 take disciplinary action licensee\n20 Act, 96 refuse application for\nlicence or renewal\napplicant for licence or\nrenewal\n21 Act, 97 give notice of licence\nsuspension without\nopportunity to make\nrepresentations\nperson whose licence\nsuspended\n22 Act, 98 give notice of licence\ndisqualification\nwithout opportunity to\nmake representations\nperson whose licence\ndisqualified\n23 Act, 107 (5) refuse to give access to\ninformation on register\nperson asking for access to\ninformation\n24 Act, 107A (8) (b) include information\nabout rectification\nundertaking on public\nlicensee who gave, or a\nperson affected by, the\nrectification undertaking\n\nitem\n25 Act, 109 (3) include details of\ncontravention in\nentity to which details of\ncontravention relate\n26 Act, 111 refuse to remove\ninformation from the\nentity to which\ninformation relates\n27 30 refuse to endorse\nbuilders licence\nlicensee or applicant for\nendorsement\n28 30 endorse builders\nlicence subject to\nconditions\n29 31 refuse to endorse\nplumbers licence\n30 31A refuse to endorse\nbuilding assessor’s\n31 31B refuse to endorse\nadvanced gasfitters\nlicence or general\ngasfitters licence\n32 31C refuse to endorse\nelectrical contractor\nlicence or unrestricted\nelectrician licence\n33 31D refuse to endorse\nelectrical contractor\nlicence or unrestricted\nelectrician licence\n34 33 refuse to issue\nreplacement licence\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dictionary, pt 1, defines the following\nterms:\n• Act\n• building code\n• found guilty\n• home address\n• territory planning authority.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Construction Occupations (Licensing) Act 2004 (see Legislation Act,\ns 148). For example, the following terms are defined in the Construction\nOccupations (Licensing) Act 2004, dict:\n• AS 3500\n• building surveyor (see s 9)\n• disciplinary action\n• demerit disciplinary ground\n• endorsement\n• nominee\n• registrar\n• works assessor (see s 14A (1)).\nAS 5601 means Australian Standard 5601 (Gas Installations), as in\nforce from time to time.\nbasic building work—see the Building Act 2004, section 10.\nbuilding certification work—see the Act, section 9 (4) (What is a\nbuilding surveyor?).\ndistributed energy resource work—see section 31D (5).\nelectrical installation—see the Electricity Safety Act 1971,\n\nelectrical wiring work—see the Act, section 11 (3) (What is an\nelectrician?).\nfire sprinkler work—see the Water and Sewerage Act 2000,\ngasfitting work—see the Act, section 12 (3) (What is a gasfitter?).\nincidental electrical work means work carried out by a person whose\nmain occupation is not as an electrician if the work—\n(a) either—\n(i) involves the disconnection and reconnection of an\nappliance, or fitting, that is an electrical installation; or\n(ii) involves finding and fixing faults in components of an\nappliance, or fitting, that is an electrical installation; and\n(b) is incidental to the person’s main occupation; and\n(c) does not include interval metering work or distributed energy\nresource work.\ninterval metering work—see section 31C (3).\nmedical gasfitting work—see the Gas Safety Act 2000, dictionary.\nmedical gas system—see the Gas Safety Act 2000, dictionary.\nmedical gas technician work—see the Gas Safety Act 2000,\nplumbing code—see the Water and Sewerage Act 2000, section 44C.\nsanitary drainage work—see the Act, section 10 (3) (What is a\ndrainer?).\nsanitary plumbing work—see the Act, section 13 (3) (What is a\nplumber?).\nspecialist building work—see the Building Act 2004, section 9.\nstorey—see the Building Act 2004, dictionary.\n\ntype B gas appliance means a gas appliance that—\n(a) consumes more than 10MJ/h of gas; and\n(b) is not covered by an approval scheme for gas appliances\nrecognised by an entity appointed by the government of a State\nor Territory to administer the gas safety legislation for the State\nor Territory.\nunit title assessment report—see the Unit Titles Act 2001,\nsection 22B.\nwater supply plumbing work—see the Act, section 13 (3) (What is a\nplumber?).\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\nThis regulation was made as part of the Construction Occupations (Licensing)\nAct 2004 (see A2004-12, s 151 and sch 1) and was originally the Construction\nOccupations (Licensing) Regulations 2004. It was renamed under the Legislation\nAct 2001.\nConstruction Occupations (Licensing) Regulation 2004 SL2004-36\ntaken to have been notified LR 26 March 2004 (A2004-12,\ns 151 (3) (a))\ns 1 taken to have commenced 26 March 2004 (LA s 75 (1))\nremainder commenced 1 September 2004 (A2004-12, s 151 (3) (b))\nas amended by\nConstruction Occupations (Licensing) Amendment Regulations 2004\n(No 1) SL2004-44\nnotified LR 8 September 2004\ns 1, s 2 commenced 8 September 2004 (LA s 75 (1))\nremainder commenced 9 September 2004 (s 2)\nConstruction Occupations Legislation Amendment Act 2005\nA2005-34 sch 1 pt 1.4\nnotified LR 6 July 2005\ns 1, s 2 commenced 6 July 2005 (LA s 75 (1))\nsch 1 pt 1.4 commenced 27 July 2005 (s 2)\nConstruction Occupations (Licensing) Amendment Regulation 2005\n(No 1) SL2005-18\nnotified LR 26 August 2005\ns 1, s 2 commenced 26 August 2005 (LA s 75 (1))\nremainder commenced 27 August 2005 (s 2)\nConstruction Occupations Legislation Amendment Act 2006\nA2006-15 sch 1 pt 1.3\nnotified LR 6 April 2006\ns 1, s 2 commenced 6 April 2006 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 September 2006 (s 2 and CN2006-19)\n\nAsbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.5\n(as am by A2006-24 s 4)\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\namdt 1.39, amdt 1.44 commenced 18 November 2006 (s 2 (2) and\nLA s 79)\nsch 1 pt 1.5 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.\nConstruction Occupations (Licensing) Amendment Regulation 2006\n(No 1) SL2006-52\nnotified LR 4 December 2006\ns 1, s 2 commenced 4 December 2006 (LA s 75 (1))\nremainder commenced 5 December 2006 (s 2)\nTraining and Tertiary Education Legislation Amendment Act 2007\nA2007-12 sch 1 pt 1.6\nnotified LR 13 June 2007\ns 1, s 2 commenced 13 June 2007 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 July 2007 (s 2 and CN2007-3)\nBuilding Legislation Amendment Act 2007 A2007-26 sch 1 pt 1.4\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.4 commenced 31 March 2008 (s 2 (1) and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.11\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.11 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nas modified by\nACT Civil and Administrative Tribunal (Transitional Provisions)\nRegulation 2009 SL2009-2 s 67 and sch 2 (as am by A2009-49\namdt 1.2, amdt 1.4)\nnotified LR 29 January 2009\ns 1, s 2 commenced 29 January 2009 (LA s 75 (1))\ns 67 and sch 2 commenced 2 February 2009 (s 2 and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nas amended by\nStatute Law Amendment Act 2009 (No 2) A2009-49 amdt 1.2,\namdt 1.4, sch 1 pt 1.5, sch 3 pt 3.11\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\namdt 1.2, amdt 1.4, sch 1 pt 1.5, sch 3 pt 3.11 commenced\n17 December 2009 (s 2)\nNote This Act also amends the ACT Civil and Administrative Tribunal\n(Transitional Provisions) Regulation 2009 SL2009-2.\nStatute Law Amendment Act 2010 A2010-18 sch 3 pt 3.2\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 3 pt 3.2 commenced 3 June 2010 (s 2)\nConstruction Occupations Legislation (Exemption Assessment)\nAmendment Act 2010 A2010-24 pt 4\nnotified LR 8 July 2010\npt 1 commenced 8 July 2010 (s 2 (1))\ns 42 commenced 8 July 2011 (s 2)\npt 4 remainder commenced 3 September 2010 (s 2 (2) and see\nConstruction Occupations Legislation Amendment Act 2010 A2010-8\n(s 2 (2) and LA s 79)\nConstruction Occupations Legislation Amendment Act 2010 (No 2)\nA2010-32 pt 5\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)\ns 33 commenced 18 February 2011 (s 2 and CN2011-2)\npt 5 remainder commenced 1 March 2011 (s 2 and LA s 79)\n\nConstruction Occupations (Licensing) Amendment Regulation 2010\n(No 1) SL2010-36\nnotified LR 7 September 2010\ns 1, s 2 commenced 7 September 2010 (LA s 75 (1))\nremainder commenced 8 September 2010 (s 2)\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.11\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.11 commenced 12 December 2011 (s 2)\nPlanning and Building Legislation Amendment Act 2011 (No 2)\nA2011-54 pt 4\nnotified LR 13 December 2011\ns 1, s 2 commenced 13 December 2011 (LA s 75 (1))\npt 4 commenced 1 July 2012 (s 2 and CN2012-11)\nPlanning, Building and Environment Legislation Amendment\nAct 2013 A2013-15 pt 4\nnotified LR 21 May 2013\ns 1, s 2 commenced 21 May 2013 (LA s 75 (1))\npt 4 commenced 22 May 2013 (s 2)\nConstruction and Energy Efficiency Legislation Amendment Act 2013\nA2013-31 pt 7, sch 1\nnotified LR 26 August 2013\ns 1, s 2 commenced 26 August 2013 (LA s 75 (1))\ns 67 commenced 1 December 2013 (s 2 (2))\npt 7 remainder commenced 27 August 2013 (s 2 (3))\nsch 1 commenced 1 September 2013 (s 2 (1))\nConstruction and Energy Efficiency Legislation Amendment Act 2014\nA2014-2 pt 4\nnotified LR 5 March 2014\ns 1, s 2 commenced 5 March 2014 (LA s 75 (1))\npt 4 commenced 6 March 2014 (s 2)\nConstruction and Energy Efficiency Legislation Amendment Act 2014\n(No 2) A2014-10 pt 3\nnotified LR 17 April 2014\ns 1, s 2 commenced 17 April 2014 (LA s 75 (1))\npt 3 commenced 18 April 2014 (s 2)\n\nGas Safety Legislation Amendment Act 2014 A2014-38 pt 3\nnotified LR 30 September 2014\ns 1, s 2 commenced 30 September 2014 (LA s 75 (1))\npt 3 commenced 30 March 2015 (s 2 and LA s 79)\nTraining and Tertiary Education Amendment Act 2014 A2014-48 sch 1\npt 1.6\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\nsch 1 pt 1.6 commenced 20 November 2014 (s 2)\nDangerous Substances (Asbestos Safety Reform) Legislation\nAmendment Act 2014 A2014-53 pt 5\nnotified LR 3 December 2014\ns 1, s 2 commenced 3 December 2014 (LA s 75 (1))\npt 5 commenced 1 January 2015 (s 2)\nBuilding (General) Legislation Amendment Regulation 2015 (No 1)\nSL2015-14 pt 3\nnotified LR 4 May 2015\ns 1, s 2 commenced 4 May 2015 (LA s 75 (1))\npt 3 commenced 5 May 2015 (s 2 (1))\nPlanning, Building and Environment Legislation Amendment\nAct 2015 A2015-12 pt 5\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\npt 5 commenced 21 May 2015 (s 2)\nSpent Convictions (Historical Homosexual Convictions\nExtinguishment) Amendment Act 2015 A2015-45 sch 1 pt 1.2\nnotified LR 6 November 2015\ns 1, s 2 commenced 6 November 2015 (LA s 75 (1))\nsch 1 pt 1.2 commenced 7 November 2015 (s 2)\nBuilding and Construction Legislation Amendment Act 2016\nA2016-44 pt 6\nnotified LR 19 August 2016\ns 1, s 2 commenced 19 August 2016 (LA s 75 (1))\npt 6 commenced 20 August 2016 (s 2 (1))\n\nConstruction Occupations (Licensing) Amendment Regulation 2016\n(No 1) SL2016-36\nnotified LR 22 December 2016\ns 1, s 2 commenced 22 December 2016 (LA s 75 (1))\nremainder commenced 23 December 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.8\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.8 commenced 9 March 2017 (s 2)\nConstruction Occupations (Licensing) Amendment Regulation 2017\n(No 1) SL2017-33\nnotified LR 23 November 2017\ns 1, s 2 commenced 23 November 2017 (LA s 75 (1))\nremainder commenced 1 December 2017 (s 2)\nConstruction Occupations (Licensing) Amendment Regulation 2019\n(No 1) SL2019-4\nnotified LR 21 February 2019\ns 1, s 2 commenced 21 February 2019 (LA s 75 (1))\nremainder commenced 22 February 2019 (s 2)\nCrimes (Disrupting Criminal Gangs) Legislation Amendment Act 2019\nA2019-43 pt 3\nnotified LR 6 December 2019\ns 1, s 2 commenced 6 December 2019 (LA s 75 (1))\npt 3 commenced 6 June 2020 (s 2 (2) and LA s 79))\nBuilding and Construction Legislation Amendment Act 2019\nA2019-48 pt 6\nnotified LR 9 December 2019\ns 1, s 2 commenced 9 December 2019 (LA s 75 (1))\npt 6 commenced 10 December 2019 (s 2 (1))\nLoose-fill Asbestos Legislation Amendment Act 2020\nA2020-20 sch 1 pt 1.4\nnotified LR 27 May 2020\ns 1, s 2 commenced 27 May 2020 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 July 2020 (s 2)\n\nBuilding and Construction Legislation Amendment Regulation 2023\n(No 1) SL2023-7 pt 3\nnotified LR 28 April 2023\ns 1, s 2 commenced 28 April 2023 (LA s 75 (1))\npt 3 commenced 1 May 2023 (s 2 (1))\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.17\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.17 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 7\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\ns 40, s 41, s 43 commenced 12 December 2023 (s 2 (4))\ns 42, s 44, ss 46-48 commenced 11 March 2024 (s 2 (2))\npt 7 remainder commenced 11 December 2024 (s 2 (5))\nConstruction Occupations (Licensing) Amendment Regulation 2024\n(No 1) SL2024-22\nnotified LR 30 August 2024\ns 1, s 2 commenced 30 August 2024 (LA s 75 (1))\ns 9 commenced 31 August 2024 (s 2 (2))\nremainder commenced 11 December 2024 (s 2 (1) and see Building\nand Construction Legislation Amendment Act 2023 A2023-55 s 2 (1))\nBuilding and Construction Legislation Amendment Regulation 2025\n(No 1) SL2025-11 pt 3\nnotified LR 30 June 2025\ns 1, s 2 commenced 30 June 2025 (LA s 75 (1))\npt 3 commenced 1 July 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.39\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.39 commenced 6 December 2025 (s 2 (5))\n\nBuilding and Construction Legislation Amendment Act 2026 A2026-2\npt 5\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 5 commenced 23 February 2026 (s 2 (1))\n\nName of regulation\ns 1 am R3 LA\nWork in construction occupation\npt 1A hdg ins SL2015-14 s 17\nConstruction occupation of builder—excluded work—Act, s 6 (3) (b)\ns 4A ins SL2015-14 s 17\nConstruction occupation of gasfitter—excluded work—Act, s 6 (3) (b)\ns 4B ins SL2024-22 s 4\nLicence applications—Act, s 17 (3)\ns 5 am A2005-34 amdt 1.30, amdt 1.31; A2006-16 amdt 1.34;\nA2009-49 amdt 3.25; A2010-24 s 36; A2010-32 s 27;\nA2013-31 ss 53-56; A2014-53 s 20; pars renum R31 LA;\nA2015-45 amdt 1.2; A2016-44 s 80\nInformation required on licence—Act, s 23 (2)\ns 6 am A2005-34 amdt 1.32\nTerm of licences generally—Act, s 24\ns 7 am A2013-31 s 57; A2014-53 s 21; A2014-38 s 8; pars renum\nTerm of licence for building assessors, building surveyors, plumbing plan\ncertifiers and works assessors—Act, s 24\ns 8 hdg sub A2010-24 s 37; A2010-32 s 28; A2014-53 s 22\ns 8 sub A2006-16 amdt 1.35\nam A2010-24 s 38; A2010-32 s 29; A2013-31 s 58; A2014-53\ns 23; pars renum R31 LA\nParticulars in register\ns 9 am A2006-16 amdt 1.36; A2008-36 amdt 1.122; A2010-24\ns 39; A2010-32 s 30; A2013-31 ss 59-61; pars renum\nR25 LA; A2014-53 s 24; pars renum R31 LA\nNot eligible because of criminal activity\ns 11A ins A2019-43 s 8\nEligibility for licence—suitability and financial requirements—Act, s 18 and\ns 24A\ns 13 hdg sub SL2019-4 s 13\ns 13 am A2011-52 amdt 3.47; A2013-31 s 62, s 63; ss renum\nR25 LA\nsub A2016-44 s 81\nam SL2019-4 s 5, s 6; ss renum R41 LA; SL2025-11 s 7;\nA2025-29 amdt 4.39\n\nSkill assessment of individuals\ns 14 am A2007-12 amdt 1.9; A2013-31 s 64; A2014-48 amdt 1.9;\nSL2019-4 ss 7-9; A2023-55 s 40, s 41\nNotice of skill assessment\ns 14A ins SL2019-4 s 10\nCorporations and partnerships eligible for some occupations\ns 15 am A2005-34 amdt 1.33; A2006-16 amdt 1.37; SL2010-36 s 4;\nA2014-53 s 25; pars renum R31 LA\nEligibility to be asbestos removalist\ns 15A ins A2006-16 amdt 1.38\nom A2014-53 s 26\nEligibility to be owner-builder\ns 16 sub SL2016-36 s 4\nam A2020-20 amdt 1.12, amdt 1.13\nEligibility to be asbestos assessor\ns 16A ins A2006-16 amdt 1.39\nom A2014-53 s 27\nEligibility to be building assessor\ns 16B ins A2010-32 s 31\nEligibility to be building surveyor\ns 17 am A2005-34 amdt 1.34; A2006-15 amdt 1.23\nsub A2006-16 amdt 1.39\nam SL2006-52 ss 4-6; A2025-29 amdt 4.39\nEligibility to be plumbing plan certifier\ns 18 am A2006-15 amdt 1.23\nEligibility to be works assessor\ns 18A ins A2010-24 s 40\nLicence renewal\ndiv 4.1A hdg ins SL2019-4 s 11\nRequirement to undertake assessment\ns 18B ins SL2019-4 s 11\nEligibility requirements for nominees—Act, s 28A (1) (a)\ns 19 hdg sub A2016-44 s 82; A2026-2 s 50\ns 19 am A2013-31 s 65, s 66; A2016-44 s 83; A2026-2 s 51, s 52\nComply with code of practice\ns 21A ins A2010-32 s 32\nam A2016-44 s 84\nCorporate licences\ns 22 am A2016-44 s 85, s 86\n\nPartnership licences\ns 23 am A2016-44 s 87, s 88\nIndividual licences\ns 24 am A2010-18 amdt 3.2\nMedical gas technicians must not commission or test etc own medical\ngasfitting work\ns 26A ins SL2024-22 s 5\nCertain building surveyors\ns 28 am SL2004-44 s 4\nEndorsements on licences\ndiv 5.2 hdg sub SL2017-33 s 4\nReturn of licence\ns 29 reloc and renum as s 32A\nEndorsing builders licences for building work—Act, s 22\ns 30 hdg sub A2005-34 amdt 1.35\ns 30 am A2005-34 amdt 1.36\nEndorsing building assessors licences for use of software—Act, s 22\ns 31A ins A2010-32 s 33\nam A2025-29 amdt 4.39\nEndorsing licences for gas appliance work—Act, s 22\ns 31B ins A2014-38 s 9\nEndorsing electricians licences for work on interval meters—Act, s 22\ns 31C ins SL2017-33 s 6\nEndorsing electricians licences for work on distributed energy resources—\nAct, s 22\ns 31D ins A2023-55 s 42\nConsiderations for endorsing licences\ns 32 hdg sub SL2017-33 s 7\ns 32 sub A2006-16 amdt 1.20\nam A2008-36 amdt 1.123; A2010-32 s 34; A2014-38 s 10;\nSL2017-33 s 8\nReturning and replacing licences and unlicensed services\ndiv 5.3 hdg sub SL2017-33 s 9\nReturn of licence\ns 32A (prev s 29) reloc and renum as s 32A SL2017-33 s 5\nReplacement licences\ns 33 am A2025-29 amdt 4.39\nMatters that may be published—Act, s 64 (1)\ns 34 om A2008-36 amdt 1.124\n\nServices that may be provided without licence\ns 35 am A2006-16 amdt 1.40, amdt 1.41; ss renum R8 LA;\nA2007-12 amdt 1.10; A2013-15 s 8; A2013-31 s 67, s 68;\nss renum R27 LA; A2014-48 amdts 1.10-1.14; A2014-53\ns 28, s 29; ss renum R31 LA; A2015-12 s 37; A2025-29\namdt 4.39\nClasses of asbestos assessor\ns 36A ins A2006-16 amdt 1.42\nom A2014-53 s 30\nClasses of asbestos removalist\ns 36B ins A2006-16 amdt 1.42\nom A2014-53 s 31\nClasses of building assessor\ns 37B ins A2010-32 s 35\nNotification and review of decisions\npt 6A hdg ins A2008-36 amdt 1.125\nClasses of gas appliance worker\ns 41A ins A2014-38 s 11\nReviewable decisions—Act, s 123A, def reviewable decision\ns 42A ins A2008-36 amdt 1.125\nRight of review and notice—Act, s 123B and s 123C (a)\ns 42B ins A2008-36 amdt 1.125\nShort descriptions and demerit points\ns 43 sub A2008-36 amdt 1.126\nam A2013-31 s 69, s 70\nInformation in report to Minister—Act, s 112\ns 44 am A2008-36 amdt 1.127\nRequirements for notices requesting skill assessment of licensees—Act,\ns 55A\ns 45 pars renum R3 LA\nam A2005-34 amdt 1.37\nom A2008-36 amdt 1.128\nins A2013-31 s 71\nApplying, adopting or incorporating documents in statutory instruments\ns 45A ins SL2025-11 s 8\nMeaning of licensee and occupational discipline—s 9 (1) (i)\ns 48 sub A2008-36 amdt 1.129\nRequirement to consult under s 13\ns 49 om A2023-55 s 43\n\nModification of Act, s 149—Act, s 152\ns 52 ins SL2004-44 s 5\nom R4 LA\nins SL2005-18 s 4\nexp 1 September 2005 (s 52)\nModification of Act, pt 13, s 137 (2)—Act, s 152\ns 53 ins SL2004-44 s 5\nModification of Act, pt 13—Act, s 152\ns 54 ins SL2004-44 s 5\nModification of Act, dictionary, definition of AS 3500—Act, s 152\ns 55 ins SL2004-44 s 5\nTransitional—Construction Occupations (Licensing) Amendment\nRegulation 2017 (No 1)\npt 9 hdg ins SL2017-33 s 10\nMeaning of authorised licensee—pt 9\ns 56 ins SL2017-33 s 10\nAuthorisations under s 31C for undecided applications\ns 57 ins SL2017-33 s 10\nExpiry—pt 9\ns 58 ins SL2017-33 s 10\nAsbestos assessor\nsch 1 pt 1.1A renum as sch 1 pt 1.1\nAsbestos removalist\nsch 1 pt 1.1B renum as sch 1 pt 1.2\nAsbestos assessor\nsch 1 pt 1.1 orig sch 1 pt 1.1 renum as sch 1 pt 1.3\n(prev sch 1 pt 1.1A) ins A2006-16 amdt 1.43\nam A2011-52 amdt 3.48\nom A2014-53 s 32\n\nAsbestos removalist\nsch 1 pt 1.2 orig sch 1 pt 1.2 renum as sch 1 pt 1.4\n(prev sch 1 pt 1.1B) ins A2006-16 amdt 1.43\nom A2014-53 s 33\nBuilder\nsch 1 pt 1.3 orig sch 1 pt 1.3 renum as sch 1 pt 1.5\n(prev sch 1 pt 1.1) am SL2004-44 s 6\nam A2006-16 amdt 1.44; A2015-12 s 38, s 39\nBuilding assessor\nsch 1 pt 1.3A ins A2010-32 s 36\nBuilding surveyor\nsch 1 pt 1.4 orig sch 1 pt 1.4 renum as sch 1 pt 1.6\n(prev sch 1 pt 1.2) renum R8 LA (see A2006-16 amdt 1.45)\nDrainer\nsch 1 pt 1.5 orig sch 1 pt 1.5 renum as sch 1 pt 1.7\n(prev sch 1 pt 1.3) renum R8 LA (see A2006-16 amdt 1.45)\nElectrician\nsch 1 pt 1.6 orig sch 1 pt 1.6 renum as sch 1 pt 1.8\n(prev sch 1 pt 1.4) am SL2004-44 s 7\nam SL2017-33 s 11; A2023-55 s 44\nGasfitters\nsch 1 pt 1.7 (prev sch 1 pt 1.5) renum R8 LA (see A2006-16 amdt 1.45)\nam A2023-55 s 45; SL2024-22 ss 6-8; items renum R50 LA\nGas appliance worker\nsch 1 pt 1.7A ins A2014-38 s 12\nam SL2024-22 s 9\nPlumbers\nsch 1 pt 1.8 (prev sch 1 pt 1.6) am SL2004-44 s 8, s 9\nam A2006-15 amdt 1.21; items renum R9 (see A2006-15\namdt 1.22); A2013-31 s 72\nWorks assessors\nsch 1 pt 1.9 ins A2010-24 s 41\nsub A2010-24 s 42\nam A2023-36 amdt 1.103; items renum R46 LA\nDemerit grounds for occupational discipline\nsch 2 hdg sub A2008-36 amdt 1.130\n\nBuilders licence demerit grounds for occupational discipline—Act,\nsch 2 pt 2.1 hdg sub A2008-36 amdt 1.131\nsch 2 pt 2.1 am A2008-36 amdt 1.132; A2011-54 s 8; items renum R23 LA;\nA2013-31 amdt 1.1; A2015-12 s 40; items renum R34 LA;\nSL2023-7 s 8, s 9\nBuilding surveyors licence demerit grounds for occupational discipline—\nAct, s 55 (1) (a)\nsch 2 pt 2.2 hdg sub A2008-36 amdt 1.133\nsch 2 pt 2.2 am A2007-26 amdts 1.96-1.102; A2008-36 amdt 1.134;\nSL2010-36 s 5; A2023-36 amdt 1.104\nDrainers licence demerit disciplinary grounds under Act, s 54 (1) (a)\nsch 2 pt 2.3 hdg sub A2008-36 amdt 1.135\nsch 2 pt 2.3 am A2005-34 amdts 1.39-1.42; A2008-36 amdt 1.136;\nA2013-31 amdts 1.2-1.4; SL2023-7 s 10; items renum R45\nLA\nElectricians licence demerit grounds for occupational discipline—Act,\nsch 2 pt 2.4 hdg sub A2008-36 amdt 1.137\nsch 2 pt 2.4 am A2008-36 amdt 1.138\nsub SL2023-7 s 11\nGasfitters licence demerit grounds for occupational discipline—Act,\nsch 2 pt 2.5 hdg sub A2008-36 amdt 1.139\nsch 2 pt 2.5 am A2008-36 amdt 1.140; A2014-38 ss 13-15\nPlumbers licence demerit grounds for occupational discipline—Act,\nsch 2 pt 2.6 hdg sub A2008-36 amdt 1.141\nsch 2 pt 2.6 am A2005-34 amdts 1.43-1.49; A2008-36 amdt 1.142;\nA2013-31 amdts 1.5-1.11; SL2023-7 s 12\nPlumbing plan certifiers licence demerit grounds for occupational\nsch 2 pt 2.7 hdg sub A2008-36 amdt 1.143\nsch 2 pt 2.7 am A2008-36 amdt 1.144; A2013-31 amdt 1.12\nWorks assessor licence demerit grounds for occupational discipline—\nAct, s 55 (1) (a)\nsch 2 pt 2.7A ins SL2010-36 s 6\nam A2023-36 amdt 1.104\nAll licences demerit grounds for occupational discipline—Act, s 55 (1) (a)\nsch 2 pt 2.8 hdg sub A2008-36 amdt 1.145\nsch 2 pt 2.8 am A2008-36 amdt 1.146\n\nLicence demerit grounds for occupational discipline under Act, s 55 (1)\n(other than par (a))\nsch 3 hdg sub A2008-36 amdt 1.147\nsch 3 am A2008-36 amdt 1.148\nReviewable decisions\nsch 4 ins A2008-36 amdt 1.149\nmod SL2009-2 mod 2.1\nmod lapsed 17 December 2009 (SL2009-2 mod 2.1 om by\nA2009-49 amdt 1.4)\nam A2009-49 amdt 1.13; items renum R15 LA; A2010-32 s 37;\nitems renum R20 LA; A2011-52 amdt 3.49; items renum R22\nLA; A2013-31 s 73, s 74; items renum R25 LA; A2014-2 s 21;\nA2014-10 s 24; items renum R29 LA; A2014-38 s 16; items\nrenum R32; SL2017-33 s 12; items renum R39 LA; A2019-48\nss 57-59; items renum R42 LA; A2023-55 s 46; items renum\nR48 LA\ndict am A2009-49 amdt 3.26; SL2010-36 s 7, s 8; A2017-4\namdt 3.46; SL2023-7 s 13; A2023-36 amdt 1.105\ndef AS 3000 om SL2023-7 s 14\ndef AS 3017 om SL2023-7 s 14\ndef bonded asbestos ins A2006-16 amdt 1.46\nsub A2011-52 amdt 3.50\nom A2014-53 s 34\ndef distributed energy resource work ins A2023-55 s 47\ndef electrical installation ins A2005-34 amdt 1.50\ndef fire sprinkler work sub SL2004-44 s 10\ndef friable asbestos ins A2006-16 amdt 1.46\nom A2011-52 amdt 3.51\ndef incidental electrical work sub A2005-34 amdt 1.51\nam SL2017-33 s 13; A2023-55 s 48\ndef interval metering work ins SL2017-33 s 14\ndef medical gasfitting work ins A2023-55 s 49\ndef medical gas system ins SL2024-22 s 10\ndef medical gas technician work ins A2023-55 s 49\ndef plumbing code ins SL2023-7 s 15\ndef storey ins A2017-4 amdt 3.47\ndef unit title assessment report ins SL2010-36 s 9\n\nEarlier republications 5\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–\n8 Sept 2004\nnot amended new regulation\n9 Sept 2004\n9 Sept 2004–\n2 Nov 2004\nSL2004-44 amendments by\nSL2004-44\n3 Nov 2004\n3 Nov 2004–\n9 Mar 2005\nSL2004-44 editorial\namendments under\nLegislation Act\n10 Mar 2005\n10 Mar 2005–\nSL2004-44 commenced expiry\n27 July 2005–\n26 Aug 2005\nA2005-34 amendments by\nA2005-34\n27 Aug 2005\n27 Aug 2005–\n1 Sept 2005\nSL2005-18 amendments by\nSL2005-18\n2 Sept 2005\n2 Sept 2005–\nSL2005-18 commenced expiry\n1 July 2006–\n31 Aug 2006\nA2006-16 as\namended by\nA2006-24\n1 Sept 2006\n1 Sept 2006–\n17 Nov 2006\nA2006-15\n18 Nov 2006\n18 Nov 2006–\n4 Dec 2006\nA2006-16\n5 Dec 2006\n5 Dec 2006–\nSL2006-52 amendments by\nSL2006-52\n\nfor\n1 July 2007–\n30 Mar 2008\nA2007-12 amendments by\nA2007-12\n31 Mar 2008\n31 Mar 2008–\n1 Feb 2009\nA2007-26 amendments by\nA2007-26\nR14*\n2 Feb 2009\n2 Feb 2009–\n16 Dec 2009\nSL2009-2 amendments by\nA2008-36 and\nmodifications by\nSL2009-1\n17 Dec 2009\n17 Dec 2009–\nA2009-49 amendments by\nA2009-49\n3 June 2010–\n2 Sept 2010\nA2010-18 amendments by\nA2010-18\n3 Sept 2010\n3 Sept 2010–\n7 Sept 2010\nA2010-32 amendments by\nA2010-24\n8 Sept 2010\n8 Sept 2010–\n17 Feb 2011\nSL2010-36\n18 Feb 2011\n18 Feb 2011–\n28 Feb 2011\nA2010-32\n1 Mar 2011\n1 Mar 2011–\nA2010-32\n8 July 2011–\n11 Dec 2011\nSL2011-36 amendments by\nA2010-24\n12 Dec 2011\n12 Dec 2011–\nA2011-52 amendments by\nA2011-52\n1 July 2012–\nA2011-54 amendments by\nA2011-54\n22 May 2013–\n26 Aug 2013\nA2013-15 amendments by\nA2013-15\n27 Aug 2013\n27 Aug 2013–\n31 Aug 2013\n1 Sept 2013\n1 Sept 2013–\n30 Nov 2013\n1 Dec 2013\n1 Dec 2013–\n5 Mar 2014\n\nEarlier republications 5\nfor\n6 Mar 2014\n6 Mar 2014–\n17 Apr 2014\nA2014-2 amendments by\nA2014-2\n18 Apr 2014\n18 Apr 2014–\n19 Nov 2014\nA2014-10 amendments by\nA2014-10\n20 Nov 2014\n20 Nov 2014–\n31 Dec 2014\nA2014-48 amendments by\nA2014-48\n1 Jan 2015\n1 Jan 2015–\n29 Mar 2015\nA2014-53 amendments by\nA2014-53\n30 Mar 2015\n30 Mar 2015–\nA2014-53 amendments by\nA2014-38\n5 May 2015–\nSL2015-14 amendments by\nSL2015-14\n21 May 2015–\n6 Nov 2015\nA2015-12 amendments by\nA2015-12\n7 Nov 2015\n7 Nov 2015–\n19 Aug 2016\nA2015-45 amendments by\nA2015-45\n20 Aug 2016\n20 Aug 2016–\n22 Dec 2016\nA2016-44 amendments by\nA2016-44\n23 Dec 2016\n23 Dec 2016–\n8 Mar 2017\nSL2016-36 amendments by\nSL2016-36\n9 Mar 2017\n9 Mar 2017–\n30 Nov 2017\nA2017-4 amendments by\nA2017-4\n1 Dec 2017\n1 Dec 2017–\n28 Feb 2018\nSL2017-33 amendments by\nSL2017-33\n1 Mar 2018\n1 Mar 2018–\n21 Feb 2019\nSL2017-33 expiry of\ntransitional\nprovisions (pt 9)\n22 Feb 2019\n22 Feb 2019–\n9 Dec 2019\nSL2019-4 amendments by\nSL2019-4\n10 Dec 2019\n10 Dec 2019–\nA2019-48 amendments by\nA2019-48\n6 June 2020–\nA2019-48 amendments by\nA2019-43\n\nfor\n1 July 2020–\n30 Apr 2023\nA2020-20 amendments by\nA2020-20\n1 May 2023–\n26 Nov 2023\nSL2023-7 amendments by\nSL2023-7\n27 Nov 2023\n27 Nov 2023–\n11 Dec 2023\nA2023-36 amendments by\nA2023-36\n12 Dec 2023\n12 Dec 2023–\n10 Mar 2024\nA2023-55 amendments by\nA2023-55\n11 Mar 2024\n11 Mar 2024–\n30 Aug 2024\nA2023-55 amendments by\nA2023-55\n31 Aug 2024\n31 Aug 2024–\n10 Dec 2024\nSL2024-22 amendments by\nSL2024-22\n11 Dec 2024\n11 Dec 2024–\nSL2024-22 amendments by\nA2023-55 and\nSL2024-22\n1 July 2025–\n5 Dec 2025\nSL2025-11 amendments by\nSL2025-11\n6 Dec 2025\n6 Dec 2025–\n22 Feb 2026\nA2025-29 amendments by\nA2025-29\n\nExpired transitional or validating provisions 6\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":71}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":878},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2004 scope. Originally focused on basic builder, plumber and electrician licensing, it now covers: building assessors and works assessors (added 2010), gas appliance workers (2014), distributed energy resources (2023), medical gas systems (2023-2024), and complex endorsement systems for emerging technologies. The demerit point system has grown from a simple concept to an elaborate scheme with hundreds of specific technical violations. Insurance requirements and renewal assessment powers have also been progressively strengthened."},"complexity_factors":["Extensive cross-referencing to multiple other Acts (Building Act 2004, Gas Safety Act 2000, Electricity Safety Act 1971, Water and Sewerage Act 2000, etc.)","Over 200 specific demerit grounds across 8 occupation-specific schedules plus a general schedule","Multiple nested conditions and exceptions (e.g., eligibility rules with sub-exceptions for owner-builders, corporate licences with nominee requirements)","Detailed technical definitions incorporating Australian Standards by reference (AS 5601, AS/NZS 3500, etc.)","Complex licence class hierarchies with supervision requirements and endorsement pathways","Conditional logic for insurance requirements varying by licence type and employment status","Transitional provisions and historical amendments spanning 20+ years with renumbering","Multiple types of reviewable decisions with different appeal rights","Specific measurement tolerances in demerit grounds (e.g., 'crack wider than 3mm', 'more than 100mm but less than 300mm')"],"plain_english_summary":"This regulation sets out the detailed rules for licensing construction workers in the ACT. It covers who can get a licence, what they can do, and what happens if they break the rules.\n\n**Who needs a licence:** Anyone doing building, plumbing, electrical, gasfitting, draining, or related work must be licensed. There are different licence classes for different skill levels—from apprentices and trainees up to fully qualified contractors.\n\n**Key things the regulation does:**\n- **Sets out licence classes** (Schedule 1): Divides each trade into categories. For example, builders range from Class A (unrestricted) down to Class D (basic work only). Electricians, plumbers, gasfitters and drainers each have their own class structures.\n- **Explains who can apply**: Individuals, corporations and partnerships can apply, but companies and partnerships must have a \"nominee\"—a licensed person who takes day-to-day responsibility for the work.\n- **Sets eligibility rules**: Applicants need proper qualifications, skills, and (for some trades) professional indemnity insurance. There are extra requirements for building surveyors, assessors and certifiers. People with certain criminal convictions or past licence suspensions may be barred.\n- **Controls licence terms**: Most licences last up to 3 years, but building surveyors, assessors and certifiers are limited to 1 year. The registrar can require skill assessments before renewal.\n- **Allows endorsements**: Licensed workers can apply for extra endorsements to do specialised work—like testing backflow prevention devices, installing interval meters, or working on distributed energy resources (solar batteries, etc.).\n- **Sets demerit points** (Schedules 2-3): Lists hundreds of specific rule breaches that attract demerit points, ranging from 1 point (minor paperwork issues) to 4 points (serious safety breaches). Too many points can lead to disciplinary action.\n- **Requires insurance**: Building surveyors, assessors, plumbing plan certifiers and works assessors must carry $1 million professional indemnity insurance.\n- **Sets conditions**: All licences come with conditions—like notifying the registrar of changes, complying with codes of practice, and (for some junior licence classes) only working as employees under supervision.\n\n**Why it matters:** This regulation protects homeowners and the public by ensuring only competent, properly insured people do construction work. It creates a transparent system where consumers can check if their tradesperson is licensed and see their disciplinary history. The demerit point system gives teeth to building standards, making it harder for dodgy operators to keep working."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation’s scope has expanded and been refined since original enactment, as shown in the amendment history and inserted sections. Notable scope changes include the addition of new licence categories and endorsement regimes (for example, building assessors — s16B inserted A2010-32; building assessor software endorsements s31A inserted A2010-32; gas appliance worker classes and medical gas rules added by later instruments — s31B ins A2014-38; s31D ins A2023-55; s4B ins SL2024-22), the introduction of renewal assessment powers (s18B ins SL2019-4), provisions facilitating incorporation of external documents in instruments (s45A ins SL2025-11), and an expanded and detailed demerit/discipline schedule (Schedule 2 and related amendments). The endnotes show multiple amendment instruments (A2010‑32, A2013‑31, A2014‑38, SL2017‑33, SL2019‑4, A2023‑55, SL2024‑22, SL2025‑11, A2026‑2, etc.) that inserted or amended technical eligibility, endorsement, insurance and disciplinary provisions, indicating a concrete broadening and technical refinement of scope over time (see endnotes and the specific inserted sections cited above)."},"complexity_factors":["Large number of cross-references to other Acts and external standards (Building Act 2004, Water and Sewerage Act 2000, Gas Safety Act 2000, National Electricity Rules, AS 5601, AS/NZS 3500) increasing interpretive complexity (see multiple provisions, Schedule 2 items and Dictionary).","Detailed schedule-based classification of occupations and sub-classes with different permitted work for each class (Schedule 1).","Extensive, itemised demerit-point grid tied to statutory contraventions across occupations (Schedule 2; s43).","Multiple discretionary powers concentrated in the registrar (skill assessments s14, endorsements s30–s32, register corrections s10) coupled with Ministerial declaration powers (s13(1)) and notifiable/disallowable instruments (s13(4), s31A(3), s31D(4)).","Procedural layers for assessments and renewals (s14, s14A, s18B) including notice periods, rights to make representations and payment obligations (s14A(4)–(5), s14(4)–(5)).","Different licence terms by occupation and interplay with insurance coverage periods (s7, s8(2)–(3), s16B(2), s17(4), s18(2), s18A(2)).","Eligibility limitations that differ by entity type (individual, partnership, corporation) and by licence class, with nominee rules and short notification deadlines (s15, s19, s22–s23).","A long amendment and legislative history (endnotes) indicating the regulation has grown through many additions and technical insertions, requiring attention to transitional and current provisions."],"plain_english_summary":"What this regulation does, in plain English\n\n- Mechanically, the Construction Occupations (Licensing) Regulation 2004 sets out the detailed rules that implement the Construction Occupations (Licensing) Act 2004. It prescribes how people and entities apply for licences (what information to provide), what must appear on a licence, how long licences run, what is recorded in the public register, who is eligible for particular licences, minimum insurance and assessment requirements, standard licence conditions and endorsements, what services may be carried out without a licence, the classes of licences and the disciplinary/demerit framework. (See s5, s6, s7–s8, s9, s13–s19, s16B–s18A, s20–s33, s35, Schedule 1, Schedule 2 and s43.)\n\nWho this affects\n\n- Applicants and current licensees in construction occupations (builders, electricians, plumbers, drainers, gasfitters, building surveyors and assessors, plumbing plan certifiers, works assessors, and related classes). The rules also affect corporations and partnerships that wish to hold licences (they must nominate licensed individuals) and trainees working under supervision. (See s15(1)–(3), s19, s35.)\n\nWho decides and what powers officials have\n\n- The registrar has broad operational discretion: to require skill assessments (s14, s14A, s18B), to endorse licences and impose conditions (s30–s32), to keep and correct the register (s9, s10), and to require licences to be returned for amendment (s32A). The Minister may declare qualification and financial requirements (s13(1)) and may declare things such as distributed energy resources for endorsement purposes (s31D(3)). Declarations and some determinations are subject to parliamentary oversight as disallowable or notifiable instruments (see s13(4), s31A(3), s31D(4)).\n\nWhat applicants and licensees must pay or do\n\n- Applications must include specified personal, business and proof information (s5). An applicant required to undertake a skill assessment must pay the Territory’s reasonable costs of arranging or carrying out the assessment and will be ineligible if they do not pay (s14(2)–(5)). Certain classes must hold minimum professional indemnity insurance limits to be eligible (s16B(2), s17(4), s18(2), s18A(2)). Licensees must keep the registrar informed of changes recorded in the register within two weeks (s21) and corporations/partnerships must notify changes to directors, partners or nominees within one business day (s22–s23). Failure to return a licence when required is an offence with a penalty (s32A(4)). Penalty-unit values at the republication date are stated in the republication notes.\n\nMechanisms aimed at public protection and the official rationale\n\n- The regulation includes explicit public-safety and standards mechanisms: minimum insurance requirements for certain technical roles (s16B, s17, s18, s18A), endorsement tests for competency before allowing particular work (s30–s31B, s31C–s31D, s32), mandatory compliance with relevant codes of practice (s21A), eligibility and renewal assessments to check ongoing competence (s14, s14A, s18B), and a demerit and disciplinary schedule that ties specific kinds of contraventions to demerit points (Schedule 2; s43).\n\nTesting those purpose-claims against costs, incentives and trade‑offs\n\n- Costs and compliance burden: The rules impose identifiable costs on entrants and incumbents — assessment fees paid to the Territory (s14(4)), insurance premiums to meet minimum indemnity levels (s16B(2), s17(4), s18(2), s18A(2)), administrative compliance (detailed application data at s5; mandatory notifications at s21–s23), and time costs to undertake training or assessments (s14A, s18B). Those requirements can raise the fixed cost of doing business for small operators and for corporations seeking nominees (s15(2)).\n\n- Incentives and behavioural effects: Requiring nominees (s15(2), s19) and restricting certain licence classes to employees (for example operative drainer, journeyperson classes — s25–s27) channels work through licensed employers, which affects how firms organise labour and subcontracting. Endorsements condition what services an individual may provide (s30–s32) and thus shape specialisation and market entry. The demerit schedule (Schedule 2 and s43) creates quantifiable reputational and regulatory costs for specified contraventions and can affect licence renewal and disciplinary actions.\n\n- Bureaucratic discretion and implementation risk: The registrar’s powers to require assessments (s14, s18B), to endorse or refuse endorsements (s30–s32), to record and remove register information (s9–s10), and to impose or amend licence conditions (s20, s32A) concentrate operational decision-making in the regulator. Many technical matters are resolved by the registrar or by declared instruments (Ministerial declarations or notifiable instruments — s13(4), s31A(3), s31D(4)), which means outcomes depend on administrative practice and interpretation.\n\n- Opportunity costs and effects on private choice: Time and money spent on compliance (assessments, insurance, reporting) are resources not spent on productive business activity. Limits on corporations/partnership eligibility for some occupations (s15(1)) and owner-builder restrictions (s16) constrain some business models and private contracting choices.\n\n- Competition and market structure: Requiring licensed nominees for corporate licences (s15(2), s19) and setting minimum qualifications/insurance (s13, s16B, s17, s18, s18A) raise entry requirements and may reduce the number of providers able to lawfully operate without further investment; at the same time, detailed endorsement pathways (s30–s32) allow specialised activities to be authorised if competence is demonstrated.\n\n- Administrative transparency: The regulation requires the register to hold specified particulars (s9) and prescribes the reporting of complaints and disciplinary actions to the Minister (s44). It also prescribes which administrative decisions are reviewable (Part 6A; Schedule 4).\n\nConcrete compliance and enforcement levers\n\n- Skill assessments and renewals (s14, s14A, s18B) can block issue or renewal until competence is demonstrated. Endorsements (s30–s31D, s32) gate specialised work. Demerit points and occupational discipline (Schedule 2, s43) feed into enforcement. Failure to meet notification and return obligations triggers offences and penalties (s21, s32A(4)).\n\nBottom line — who pays, who decides, and what changes\n\n- Who pays: applicants/licensees pay assessment costs ordered by the registrar (s14(4)), insurance premiums required by eligibility rules (s16B, s17, s18, s18A), and risk penalties if they breach duties (s32A(4) and penalty-unit regime noted in republication). Corporations must resource nominated individuals (s15(2), s19).\n- Who decides: the registrar for operational matters (s14, s30–s32, s9–s10), the Minister for declarations of qualifications/financial requirements (s13(1)) and for some policy-level declarations (s31D(3)). Many determinations are subject to disallowance or notification (s13(4), s31A(3), s31D(4)).\n- What behaviour changes: higher entry/compliance costs for certain classes; use of nominated licensed individuals in corporate structures; more formal endorsement/insurance regimes for specialist technical work; increased reporting and record-keeping to the registrar.\n\nKey provisions to review first if you are affected: s5 (application content), s14–s14A and s18B (skill and renewal assessments), s16B/s17/s18/s18A (insurance minima), s19 (nominee eligibility), s30–s32 (endorsements), s9 (register particulars), Schedule 1 (classes of licence and authorised work) and Schedule 2 (demerit points and disciplinary grounds)."},"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-regulation-2004","history":"/api/acts/construction-occupations-licensing-regulation-2004/history","analysis":"/api/acts/construction-occupations-licensing-regulation-2004/analysis","conflicts":"/api/acts/construction-occupations-licensing-regulation-2004/conflicts","importantCases":"/api/acts/construction-occupations-licensing-regulation-2004/important-cases","documents":"/api/acts/construction-occupations-licensing-regulation-2004/documents"}}