Building Services Legislation Amendment (Financial Oversight) Bill 2026

64—1 page i Western Australia Building Services Legislation Amendment (Financial Oversight) Bill 2026 Contents Part 1 — Preliminary

1. Short title 2
2. Commencement 2 Part 2 — Building Services (Complaint Resolution and Administration) Act 2011 amended
3. Act amended 3
4. Section 68 amended 3 Part 3 — Building Services (Registration) Act 2011 amended Division 1 — Preliminary
5. Act amended 5 Division 2 — Suspension of registration and cancellation of registration
6. Section 12 amended 5
7. Section 13 amended 6
8. Section 15 amended 6
9. Sections 15A and 15B inserted 8 15A. Application for renewal cannot be determined while registration suspended 8 15B. Application for renewal of registration by person given notice under s. 63J or 63K 8
10. Section 18 amended 9

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Contents page ii 11. Part 3 Division 4 Subdivision 1 heading inserted 10 Subdivision 1 — When Board may amend, suspend or cancel registration 12. Sections 26A to 26F inserted 10 26A. Request under s. 26(1) by person given notice under s. 26C, 63J or 63K 10 26B. Suspension of registration for failure to comply with direction under Building Services (Complaint Resolution and Administration) Act 2011 s. 68(1)(a) or (b) 11 26C. Notice of intention to suspend registration under s. 26B(1) 12 26D. Notice and taking effect of suspension of registration under s. 26B(1) 13 26E. Board may notify certain persons if registration suspended under s. 26B(1) 13 26F. Board may request suspension under s. 26B(1) be noted on register 14 13. Part 3 Division 4 Subdivision 2 heading inserted 14 Subdivision 2 — Effect and revocation of suspension of registration 14. Section 27 amended 14 15. Section 28 amended 14 16. Sections 28A to 28C inserted 15 28A. Suspension of registration under s. 26B(1): revocation 15 28B. Suspension of registration under s. 26B(1): criminal liability not affected 15 28C. Suspension of registration under s. 26B(1): remedies not affected 16 17. Section 34A inserted 16 34A. Notification of material change to trust arrangements 16 18. Section 63A amended 17 19. Part 5B inserted 17 Part 5B — Building service contractors who do not satisfy financial requirements 63H. Terms used 17 63I. Person whose registration suspended taken to be registered for purposes of Part 18 63J. Board may require contractor show they satisfy financial requirements 18 63K. Board may require related contractor show they satisfy financial requirements 21

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Contents page iii 63L. Directions to provide information after notice given under s. 63J or 63K 24 63M. Application to extend response period 24 63N. Cancellation of registration if contractor does not show they satisfy financial requirements 25 63O. Notice and taking effect of cancellation of registration under s. 63N(1) or (2) 27 63P. Board may notify certain persons if registration cancelled under s. 63N(1) or (2) 28 20. Section 64 amended 28 21. Sections 64A and 64B inserted 29 64A. Review by State Administrative Tribunal of decision to suspend registration under s. 26B(1) 29 64B. Review by State Administrative Tribunal of decision to cancel registration under s. 63N(1) or (2) 30 22. Section 71 amended 32 23. Part 9 Division 3 Subdivision 5 inserted 32 Subdivision 5 — Transitional provisions for Building Services Legislation Amendment (Financial Oversight) Act 2026 146A. Application for renewal of registration 32 146B. Application for request to suspend or cancel registration 32 146C. Directions given under Building Services (Complaint Resolution and Administration) Act 2011 s. 68(1)(a) or (b) 33 146D. Transitional regulations 33 Division 3 — Other amendments 24. Section 3 amended 35 25. Section 24 amended 36 26. Section 30 amended 36 27. Part 3 Division 7 inserted 37 Division 7 — Credit reporting information about applicants and registered individuals 37A. Board may request credit reporting information about applicants and registered individuals 37 28. Section 51 amended 38 29. Section 52 amended 38

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Contents page iv 30. Section 62 replaced 38 62. Board may notify certain persons if registration suspended or cancelled 38 31. Section 63A amended 39 32. Section 63G amended 40 33. Section 64 amended 40 34. Section 71 amended 41 Part 4 — Home Building Contracts Act 1991 amended 35. Act amended 42 36. Section 25A amended 42 37. Section 25D amended 42 38. Section 25DB inserted 44 25DB. Transitional provision for Building Services Legislation Amendment (Financial Oversight) Act 2026 44 39. Part 3A Division 6 inserted 45 Division 6 — Exchange of information 25M. Exchange of information between Building Commissioner, Building Services Board, approved insurers and approved funds 45

page 1 Western Australia LEGISLATIVE ASSEMBLY Building Services Legislation Amendment (Financial Oversight) Bill 2026 A Bill for An Act to amend — • the Building Services (Complaint Resolution and Administration) Act 2011; and • the Building Services (Registration) Act 2011; and • the Home Building Contracts Act 1991. The Parliament of Western Australia enacts as follows:

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 1 Preliminary s. 1 page 2 Part 1 — Preliminary1

1. Short title2 This is the Building Services Legislation Amendment (Financial3 Oversight) Act 2026.4
2. Commencement5 This Act comes into operation as follows —6 (a) Part 1 — on the day on which this Act receives the7 Royal Assent (assent day);8 (b) Part 2, Part 3 (but only Divisions 1 and 3) and Part 49 (but only sections 35, 36 and 39) — on the day after10 assent day;11 (c) the rest of the Act — on a day fixed by proclamation.12

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Complaint Resolution and Administration) Act 2011 amended Part 2 s. 3 page 3 Part 2 — Building Services (Complaint Resolution and1 Administration) Act 2011 amended2 3. Act amended3 This Part amends the Building Services (Complaint Resolution4 and Administration) Act 2011.5 4. Section 68 amended6 Delete section 68(2)(b) and insert:7 8 (b) may require 1 or more of the following —9 (i) that the person give information or an10 answer that they do not currently11 possess but have access to;12 (ii) that the person give information or an13 answer that they do not currently14 possess but are able to create or derive15 from information that they do possess or16 have access to;17 (iii) that the information or answer be given18 orally;19 (iv) that the information or answer be given20 in writing (including if the information21 or answer does not currently exist in22 writing);23 (v) that the information or answer be given24 in a form specified in the direction25 (including if the information or answer26 does not currently exist in that form);27 (vi) that the information or answer be given28 at or delivered to a place specified in the29 direction;30

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 2 Building Services (Complaint Resolution and Administration) Act 2011 amended s. 4 page 4 (vii) in the case of written information or a1 written answer, that the information or2 answer be delivered by the method3 specified in the direction;4 (viii) that the information or answer be5 verified by statutory declaration or in6 another way specified in the direction7 (including by a specified person or8 person belonging to a specified class of9 persons).10 Example for this subsection:11 A direction under subsection (1)(a) may require a person to12 create and deliver a special purpose financial statement13 that contains information that does not currently exist in a14 document. The direction may also require the special15 purpose financial statement to have been verified by an16 accountant.17 18

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Preliminary Division 1 s. 5 page 5 Part 3 — Building Services (Registration) Act 20111 amended2 Division 1 — Preliminary3 5. Act amended4 This Part amends the Building Services (Registration) Act 2011.5 Division 2 — Suspension of registration and cancellation of6 registration7 6. Section 12 amended8 (1) In section 12(3)(a) delete “to have effect”.9 (2) After section 12(3) insert:10 11 (4) If subsection (3) applies in relation to a registration that12 was subject to suspension under section 26B(1)13 immediately before the expiry day, the registration14 remains suspended while subsection (3) applies unless15 and until the Board revokes the suspension under16 section 28A(1) or (3).17 (5) If subsection (3) applies in relation to a registration that18 was subject to suspension under section 58(1)(g)19 immediately before the expiry day, the registration20 remains suspended for the remainder of the suspension21 period (if any) that falls while subsection (3) applies22 unless and until the Board revokes the suspension23 under section 28(1).24 25

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 7 page 6 7. Section 13 amended1 After section 13(3) insert:2 3 (4) The suspension of the registration of a person in a class4 of building service practitioner or building service5 contractor under section 26B(1) or section 58(1)(g)6 does not prevent —7 (a) the person from making an application for the8 renewal of the registration; or9 (b) the Board from accepting an application for the10 renewal of the registration.11 12 8. Section 15 amended13 (1) After section 15(2)(a) insert:14 15 (aa) the registration has expired and was subject to16 suspension immediately before its expiry; or17 18 (2) Delete section 15(3)(a) and insert:19 20 (a) the registration —21 (i) is taken to have continued during the22 period beginning on the day23 immediately following its expiry and24 ending when the application was25 accepted; and26 (ii) continues until the Board renews or27 refuses to renew the registration or the28 applicant withdraws the application,29

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 8 page 7 unless the registration is sooner1 cancelled;2 and3 4 (3) After section 15(3) insert:5 6 (3A) If subsection (3) applies in relation to a registration that7 was subject to suspension under section 26(1)(b) or8 26B(1) immediately before its expiry, the9 registration —10 (a) is taken to have remained suspended during the11 period beginning on the day immediately12 following its expiry and ending when the13 application was accepted; and14 (b) remains suspended while subsection (3) applies15 unless and until the Board revokes the16 suspension under section 28(1) or 28A(1) or17 (3).18 (3B) If subsection (3) applies in relation to a registration that19 was subject to suspension under section 58(1)(g)20 immediately before its expiry, the registration —21 (a) is taken to have remained suspended for the22 remainder of the suspension period (if any) that23 fell during the period beginning on the day24 immediately following its expiry and ending25 when the application was accepted; and26 (b) remains suspended for the remainder of the27 suspension period (if any) that falls while28 subsection (3) applies unless and until the29 Board revokes the suspension under30 section 28(1).31

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 9 page 8 9. Sections 15A and 15B inserted1 After section 15 insert:2 3 15A. Application for renewal cannot be determined while4 registration suspended5 The Board cannot determine an application for the6 renewal of a registration in a class of building service7 practitioner or building service contractor while the8 registration is suspended.9 15B. Application for renewal of registration by person10 given notice under s. 63J or 63K11 (1) This section applies if —12 (a) the Board has given a person a notice under13 section 63J or 63K in relation to the person’s14 registration in a class of building service15 contractor; and16 (b) the Board has not decided whether to cancel the17 registration under section 63N(1) or (2); and18 (c) the Board has, whether before or after the19 notice was given, accepted an application for20 the renewal of the registration.21 (2) The Board may refuse to consider the application for22 the renewal of the registration until the Board has23 decided not to cancel the registration under24 section 63N(1) or (2).25 26

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 10 page 9 10. Section 18 amended1 Delete section 18(2) and insert:2 3 (2) The Board must not register, or renew the registration4 of, an applicant if —5 (a) the requirements of subsection (1) are not met;6 or7 (b) the applicant’s registration as a building service8 practitioner or building service contractor is9 suspended under section 26B(1); or10 (c) the applicant is an officer of a body whose11 registration as a building service contractor is12 suspended under section 26B(1); or13 (d) the applicant is a body that has an officer who14 is —15 (i) a person whose registration in a class of16 building service practitioner or building17 service contractor is suspended under18 section 26B(1); or19 (ii) also an officer of another body whose20 registration in a class of building service21 contractor is suspended under22 section 26B(1); or23 (iii) a person who, before the application for24 registration or renewal of registration25 (as is relevant) was made, was given a26 notice under section 63J or 63K in27 relation to their registration in a class of28 building service contractor and the29 Board has not decided whether to cancel30 the registration under section 63N(1) or31 (2); or32

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 11 page 10 (iv) also an officer of another body that,1 before the application for registration or2 renewal of registration (as is relevant)3 was made, was given a notice under4 section 63J or 63K in relation to its5 registration in a class of building service6 contractor and the Board has not7 decided whether to cancel the8 registration under section 63N(1) or (2).9 10 11. Part 3 Division 4 Subdivision 1 heading inserted11 At the beginning of Part 3 Division 4 insert:12 13 Subdivision 1 — When Board may amend, suspend or14 cancel registration15 16 12. Sections 26A to 26F inserted17 After section 26 insert:18 19 26A. Request under s. 26(1) by person given notice under20 s. 26C, 63J or 63K21 (1) This section applies if —22 (a) the Board has given a person —23 (i) a notice under section 26C in relation to24 the person’s registration generally or in25 a class of building service practitioner26 or building service contractor; or27 (ii) a notice under section 63J or 63K in28 relation to the person’s registration in a29 class of building service contractor;30 and31

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 12 page 11 (b) the Board has not decided whether to suspend1 the registration under section 26B(1) or cancel2 the registration under section 63N(1) or (2) (as3 applicable); and4 (c) the person has, whether before or after the5 notice was given, made a request under6 section 26(1) —7 (i) for the registration to be suspended; or8 (ii) for the registration to be cancelled.9 (2) The Board may refuse to consider the request to10 suspend or cancel the registration, as the case may be,11 until the Board has decided not to suspend the person’s12 registration under section 26B(1) or cancel the person’s13 registration under section 63N(1) or (2) (as applicable).14 26B. Suspension of registration for failure to comply with15 direction under Building Services (Complaint16 Resolution and Administration) Act 2011 s. 68(1)(a)17 or (b)18 (1) The Board may suspend the registration of a registered19 building service provider if the Building Commissioner20 notifies the Board in writing that the provider has failed21 to comply with a direction given under the Building22 Services (Complaint Resolution and Administration)23 Act 2011 section 68(1)(a) or (b).24 (2) Suspension of registration under subsection (1) may be25 in relation to a provider’s registration generally or in26 relation to registration in a class or classes of building27 service practitioner or building service contractor.28 (3) Subsection (1) applies whether or not the provider —29 (a) is being or has been prosecuted for an offence30 under the Building Services (Complaint31 Resolution and Administration) Act 201132

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 12 page 12 section 71(2) in relation to the failure to comply1 with the direction; or2 (b) has a reasonable excuse for failing to comply3 with the direction.4 (4) Suspension of registration under subsection (1) remains5 in force until it is revoked by the Board under6 section 28A(1) or (3).7 26C. Notice of intention to suspend registration under8 s. 26B(1)9 (1) The Board must, before suspending the registration of a10 person under section 26B(1), give a written notice to11 the person under this section.12 (2) The notice must —13 (a) state that the Building Commissioner has14 notified the Board that the person has failed to15 comply with a direction given under the16 Building Services (Complaint Resolution and17 Administration) Act 2011 section 68(1)(a)18 or (b), as the case may be; and19 (b) state that the Board intends to suspend the20 registration of the person under section 26B(1)21 until the Building Commissioner notifies the22 Board that the person has remedied the failure23 to comply with the direction; and24 (c) invite the person to make a submission to the25 Board on the matter within the period (the26 response period) specified in the notice, which27 must not be less than 7 days after the day on28 which the notice is given.29 (3) The person may, before the end of the response period,30 apply to the Board for an extension of that period.31

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 12 page 13 (4) On an application under subsection (3), the Board may1 extend the response period for such period as the Board2 considers appropriate and may do so even if the3 response period has ended.4 (5) If the person makes a submission to the Board within5 the response period or that period as extended under6 subsection (4), the Board must consider the submission7 before deciding to suspend the registration of the8 person under section 26B(1).9 (6) The Board is not required to consider a submission10 made after the end of the response period or that period11 as extended under subsection (4).12 26D. Notice and taking effect of suspension of13 registration under s. 26B(1)14 (1) If the Board decides to suspend the registration of a15 person under section 26B(1), the Board must give16 written notice to the person.17 (2) The notice must —18 (a) include short particulars of the reasons for the19 decision; and20 (b) state the effect of section 28A(2) and (3); and21 (c) include notice of the person’s right of review22 under section 64.23 (3) The suspension of the registration takes effect when the24 notice is given to the person or on a later date specified25 in the notice.26 26E. Board may notify certain persons if registration27 suspended under s. 26B(1)28 The Board may notify a notifiable person that the29 registration of a person is suspended under30

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 13 page 14 section 26B(1) if the Board considers that the notifiable1 person has a relevant interest.2 26F. Board may request suspension under s. 26B(1) be3 noted on register4 The Building Commissioner may, if the Board5 requests, include in the register details of the6 suspension of the registration of a building service7 provider under section 26B(1).8 9 13. Part 3 Division 4 Subdivision 2 heading inserted10 Before section 27 insert:11 12 Subdivision 2 — Effect and revocation of suspension of13 registration14 15 14. Section 27 amended16 In section 27 delete “section 26(1)(b)” and insert:17 18 section 26(1)(b), 26B(1)19 20 15. Section 28 amended21 After section 28(1) insert:22 23 (1A) Subsection (1) does not apply if the suspension is under24 section 26B(1).25 26 Note: The heading to amended section 28 is to read:27 Revocation of suspension (other than suspension under28 s. 26B(1))29

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 16 page 15 16. Sections 28A to 28C inserted1 At the end of Part 3 Division 4 insert:2 3 28A. Suspension of registration under s. 26B(1):4 revocation5 (1) The Board may revoke the suspension of a registration6 under section 26B(1) at any time.7 (2) The Building Commissioner must give the Board8 written notice if satisfied that a person whose9 registration is suspended under section 26B(1) has10 remedied the failure to comply with each direction on11 which the suspension is based.12 (3) If the Building Commissioner gives the Board a notice13 under subsection (2) in relation to a registration that is14 suspended under section 26B(1), the Board must15 revoke the suspension.16 (4) If the Board revokes the suspension of a person’s17 registration under subsection (1) or (3), the Board must18 give written notice of the revocation to the person.19 (5) The revocation takes effect when the notice is given to20 the person or on a later date specified by the Board in21 the notice.22 28B. Suspension of registration under s. 26B(1): criminal23 liability not affected24 The liability of a person to be prosecuted for an offence25 under the Building Services (Complaint Resolution and26 Administration) Act 2011 section 71(2) in relation to a27 failure to comply with a direction is not affected by the28 suspension of a registration of a registered building29 service provider under section 26B(1) in relation to the30 failure to comply.31

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 17 page 16 28C. Suspension of registration under s. 26B(1): remedies1 not affected2 The suspension of the registration of a person under3 section 26B(1) does not affect any remedy available to4 the owner of a building or a person for whom building5 work is carried out.6 7 17. Section 34A inserted8 After section 34 insert:9 10 34A. Notification of material change to trust11 arrangements12 (1) A building service contractor who is the trustee of a13 trust through which a business that involves carrying14 out a prescribed building service is operated must give15 the Board written notice of any material change to the16 trust arrangements.17 Penalty for this subsection: a fine of $5 000.18 (2) For the purposes of subsection (1), a material change to19 the trust arrangements is any change to the trust20 instrument or the rights of the trustee that materially21 affects the financial management of the building22 service contractor including, without limitation,23 changes to any of the following —24 (a) the right to use trust assets;25 (b) beneficial ownership of trust assets;26 (c) indemnities and rights to recover against trust27 assets or a beneficiary of the trust;28 (d) the trustee’s power to incur liabilities or debts29 on behalf of the trust or a beneficiary of the30 trust;31

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 18 page 17 (e) the ability of third party creditors to make a1 claim against trust assets.2 (3) The notice referred to in subsection (1) must be given3 no later than 7 days after the material change to the4 trust arrangements.5 6 18. Section 63A amended7 In section 63A(1) in the definition of insolvent:8 (a) in paragraph (c) delete “due;” and insert:9 10 due; or11 12 (b) after paragraph (c) insert:13 14 (d) in any case — a person whose registration in a15 class of building service contractor is cancelled16 under section 63N(1) or (2);17 18 19. Part 5B inserted19 After section 63G insert:20 21 Part 5B — Building service contractors who do22 not satisfy financial requirements23 63H. Terms used24 In this Part —25 financial requirements, in relation to a class of26 building service contractor, means the financial27 requirements prescribed by the regulations under28

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 19 page 18 section 18(1)(b) for that class of building service1 contractor;2 response period —3 (a) for a notice given under section 63J or 63K —4 (i) means the period for making a5 submission to the Board specified in the6 notice under section 63J(3) or 63K(3);7 and8 (ii) includes any extension of that period9 under section 63M(3);10 or11 (b) for a direction given under section 63L(1) —12 (i) means the period specified in the13 direction under section 63L(4); and14 (ii) includes any extension of that period15 under section 63M(3).16 63I. Person whose registration suspended taken to be17 registered for purposes of Part18 For the purposes of this Part and despite section 27, if19 the registration of a person in a class of building20 service contractor is suspended, the person is taken to21 be registered in that class of building service contractor22 during the period of suspension.23 63J. Board may require contractor show they satisfy24 financial requirements25 (1) This section applies if the Board believes on reasonable26 grounds that a person does not satisfy the financial27 requirements for a class of building service contractor28 in which the person is registered.29 (2) Without limiting the circumstances in which there are30 reasonable grounds to believe that a person does not31

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 19 page 19 satisfy the financial requirements for a class of building1 service contractor, the Board may have regard to any of2 the following —3 (a) any credit reporting information from a credit4 reporting body in relation to the person;5 (b) any credit report, credit score or financial6 information in relation to the person from a7 credit reporting bureau, ratings organisation or8 other provider;9 (c) any complaint in relation to the person;10 (d) any restriction or condition imposed on the11 person’s ability to obtain a policy of insurance12 that complies with the Home Building13 Contracts Act 1991 Part 3A Division 2 or14 corresponding cover of the type referred to in15 section 25DA of that Act;16 (e) any information or report provided to the Board17 under a condition of the registration;18 (f) any financial information in relation to the19 person given in compliance with a direction20 under the Building Services (Complaint21 Resolution and Administration) Act 201122 section 68(1)(a) or (b);23 (g) any contravention of a condition of the24 registration;25 (h) whether the person has not paid a building26 service debt of a kind referred to in27 section 53(4) that the person has incurred;28 (i) any Commonwealth or State tax debt owed by29 the person;30 (j) any unpaid employee entitlements owed by the31 person.32

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 19 page 20 (3) The Board may give the person a written notice —1 (a) stating that the Board believes that the person2 does not satisfy the financial requirements for3 the class of building service contractor; and4 (b) stating that the Board intends to cancel the5 registration of the person in that class of6 building service contractor if the person does7 not satisfy the Board that the person satisfies8 the financial requirements for that class; and9 (c) inviting the person to make a submission to the10 Board on the matter —11 (i) within the period specified in the notice,12 which must not be less than 28 days13 after the day on which the notice is14 given; and15 (ii) in the manner and form specified in the16 notice;17 and18 (d) directing the person to provide the Board with19 such information relevant to the matter as the20 Board considers appropriate —21 (i) within the response period for the22 notice; and23 (ii) in the manner and form specified in the24 notice.25 (4) A direction referred to in subsection (3)(d) may require26 that the information be verified by statutory declaration27 or in another way specified in the notice (including by28 a specified person or person belonging to a specified29 class of persons).30 (5) The notice must state that it is given under this section.31

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 19 page 21 (6) The notice need not state the reasons for the Board’s1 belief that the person does not satisfy the financial2 requirements for the class of building service3 contractor.4 63K. Board may require related contractor show they5 satisfy financial requirements6 (1) This section applies if —7 (a) the Board has given, or intends to give, a8 person (the primary contractor) a notice under9 section 63J; and10 (b) the Board believes on reasonable grounds that11 the primary contractor is related to another12 person (the related contractor).13 (2) For the purposes of subsection (1), a person and14 another person are related if —15 (a) they are related bodies corporate as defined in16 the Corporations Act section 9; or17 (b) they are corporations and the same person has18 an interest of at least 50% in both of them; or19 (c) they are bodies and the same person is an20 officer of both of them; or21 (d) one is a body and the other is an officer of that22 body; or23 (e) one is a body and the other is an individual who24 has an interest of at least 50% in the body; or25 (f) one is a trustee of a trust and the other is a26 beneficiary of the trust or, in the case of a27 discretionary trust, an object of the trust; or28 (g) they are the same person; or29 (h) other prescribed circumstances exist.30

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 19 page 22 (3) The Board may give the related contractor a written1 notice —2 (a) stating that the Board believes that the related3 contractor is related to the primary contractor;4 and5 (b) stating that the Board —6 (i) believes that the primary contractor7 does not satisfy the financial8 requirements for the class of building9 service contractor specified in the10 notice; and11 (ii) has given or intends to give, as is12 relevant, a notice to the primary13 contractor in relation to the primary14 contractor’s registration in that class;15 and16 (iii) intends to cancel the primary17 contractor’s registration in that class if18 the primary contractor does not satisfy19 the Board that the primary contractor20 satisfies the financial requirements for21 that class;22 and23 (c) stating that the Board also intends to cancel the24 registration of the related contractor in the class25 of building service contractor specified in the26 notice if —27 (i) the related contractor does not satisfy28 the Board that the related contractor29 satisfies the financial requirements for30 that class; or31 (ii) the related contractor does not satisfy32 the Board that the related contractor33 would be able to satisfy the financial34

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 19 page 23 requirements for that class if the1 registration of the primary contractor2 were to be cancelled;3 and4 (d) inviting the related contractor to make a5 submission to the Board on the matter —6 (i) within the period specified in the notice,7 which must not be less than 28 days8 after the day on which the notice is9 given; and10 (ii) in the manner and form specified in the11 notice;12 and13 (e) directing the related contractor to provide the14 Board with such information relevant to the15 matter as the Board considers appropriate —16 (i) within the response period; and17 (ii) in the manner and form specified in the18 notice.19 (4) A direction referred to in subsection (3)(e) may require20 that the information be verified by statutory declaration21 or in another way specified in the notice (including by22 a specified person or person belonging to a specified23 class of persons).24 (5) The notice must state that it is given under this section.25 (6) The notice need not state the reasons for the Board’s26 belief that —27 (a) the related contractor is related to the primary28 contractor; or29 (b) the primary contractor does not satisfy the30 financial requirements for the class of building31 service contractor.32

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 19 page 24 63L. Directions to provide information after notice given1 under s. 63J or 63K2 (1) The Board may, in writing, direct a person who has3 been given a notice under section 63J or 63K to4 provide the Board with such information, or further5 information, relevant to the matter to which the notice6 relates as the Board considers appropriate.7 (2) The Board may give a person more than 1 direction8 under subsection (1).9 (3) A direction under subsection (1) may require that the10 information —11 (a) be provided in the manner and form specified12 in the direction; or13 (b) be verified by a statutory declaration or in14 another way specified in the direction15 (including by a specified person or person16 belonging to a specified class of persons).17 (4) The Board must specify in the direction the period18 within which the person must comply with the19 direction.20 63M. Application to extend response period21 (1) A person who has been given a notice under22 section 63J or 63K may, before the end of the response23 period for the notice, apply to the Board for an24 extension of that period.25 (2) A person who has been given a direction under26 section 63L(1) may, before the end of the response27 period for the direction, apply to the Board for an28 extension of that period.29

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 19 page 25 (3) On an application under subsection (1) or (2), the1 Board may extend the response period for the notice or2 direction, as the case may be, for such period as the3 Board considers appropriate and may do so even if the4 period has ended.5 63N. Cancellation of registration if contractor does not6 show they satisfy financial requirements7 (1) The Board may cancel the registration of a person in a8 class of building service contractor if —9 (a) the Board has given the person a notice under10 section 63J or 63K in relation to the person’s11 registration in that class of building service12 contractor; and13 (b) the response period for the notice given to the14 person under section 63J or 63K has ended; and15 (c) the response period for each direction (if any)16 given to the person under section 63L(1) has17 ended; and18 (d) the person has not satisfied the Board that the19 person satisfies the financial requirements for20 that class of building service contractor.21 (2) The Board may cancel the registration of a person in a22 class of building service contractor if —23 (a) the Board has given the person a notice under24 section 63K in relation to the person’s25 registration in that class of building service26 contractor; and27 (b) the response period for the notice given to the28 person under section 63K has ended; and29 (c) the response period for each direction given to30 the person under section 63L(1) has ended; and31

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 19 page 26 (d) the Board has decided to cancel the relevant1 registration of the primary contractor under2 subsection (1); and3 (e) the person has not satisfied the Board that the4 person would be able to satisfy the financial5 requirements for that class of building service6 contractor if the relevant registration of the7 primary contractor were to be cancelled.8 (3) A reference in subsection (2) to the relevant9 registration of the primary contractor is a reference to10 the registration of the primary contractor specified in11 the notice given to the person under section 63K.12 (4) Subsection (5) applies if the person —13 (a) makes a submission to the Board within the14 response period for the notice given to the15 person under section 63J or 63K; or16 (b) provides information as directed by the Board17 in the notice given to the person under18 section 63J or 63K within the response period19 for the notice; or20 (c) provides information as directed by the Board21 in a direction given to the person under22 section 63L(1) within the response period for23 the direction.24 (5) If this subsection applies, the Board must consider the25 submission or information before deciding to cancel26 the registration of the person under subsection (1)27 or (2).28 (6) Subsection (5) does not require the Board to consider29 any information that is not verified as required by the30 notice given to the person under section 63J or 63K, or31 direction given to the person under section 63L(1),32

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 19 page 27 under which the person was directed to provide the1 information.2 (7) The Board is not required to consider —3 (a) any submission made after the end of the4 response period for the notice given to the5 person under section 63J or 63K; or6 (b) any information that the Board directed the7 person to provide in the notice given to the8 person under section 63J or 63K that is9 provided after the end of the response period10 for the notice; or11 (c) any information that the Board directed the12 person to provide in a direction given to the13 person under section 63L(1) that is provided14 after the end of the response period for the15 direction.16 63O. Notice and taking effect of cancellation of17 registration under s. 63N(1) or (2)18 (1) If the Board decides to cancel the registration of a19 person under section 63N(1) or (2), the Board must20 give written notice to the person.21 (2) The notice must —22 (a) include short particulars of the reasons for the23 decision; and24 (b) state the effect of subsection (3); and25 (c) include notice of the person’s right of review26 under section 64.27

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 20 page 28 (3) The cancellation of the registration does not take1 effect —2 (a) until the expiration of the period of 28 days3 after the day on which the notice is given; or4 (b) if the person applies within that period to the5 State Administrative Tribunal for a review of6 the decision under Part 6 — unless the7 application is withdrawn or the decision is8 affirmed following the review.9 63P. Board may notify certain persons if registration10 cancelled under s. 63N(1) or (2)11 The Board may notify a notifiable person that the12 registration of a person has been cancelled under13 section 63N(1) or (2) if the Board considers that the14 notifiable person has a relevant interest.15 16 20. Section 64 amended17 In section 64(1) in the definition of reviewable decision —18 (a) after paragraph (c) insert:19 20 (ca) to suspend the registration of a person under21 section 26B(1); or22 23 (b) after paragraph (da) insert:24 25 (db) to cancel the registration of a person in a class26 of building service contractor under27 section 63N(1) or (2); or28 29

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 21 page 29 21. Sections 64A and 64B inserted1 At the end of Part 6 insert:2 3 64A. Review by State Administrative Tribunal of4 decision to suspend registration under s. 26B(1)5 (1) This section applies to a proceeding under this Part for6 a review of a decision to suspend the registration of a7 person under section 26B(1).8 (2) The State Administrative Tribunal cannot under the9 State Administrative Tribunal Act 2004 section 25(2)10 make an order staying the operation of the decision.11 (3) In the absence of evidence to the contrary, it is12 presumed that any of the following purporting to have13 been given by a delegate of the Board was given by a14 person in the performance of a function that at the time15 was delegated to the person by the Board —16 (a) a notice under section 26C;17 (b) an extension of a response period under18 section 26C(4).19 (4) In the absence of evidence to the contrary, it is20 presumed that a notice under section 26C purporting to21 have been given to a person was given to the person in22 accordance with the provisions of the Interpretation23 Act 1984 and, if relevant, the Corporations Act, relating24 to service of documents.25 (5) In the absence of evidence to the contrary, it is26 presumed that a direction purporting to have been27 given to a person under the Building Services28 (Complaint Resolution and Administration) Act 201129 section 68(1)(a) or (b) —30

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 21 page 30 (a) was given by a person who at the time was —1 (i) an authorised person as defined in2 section 3 of that Act; and3 (ii) authorised to give the direction;4 and5 (b) if it was given in writing — was served on the6 person in accordance with section 107 of that7 Act and any other law relating to the8 requirements for serving the direction.9 (6) In the absence of evidence to the contrary, it is10 presumed that a notification to the Board for the11 purposes of section 26B(1) purporting to have been12 given by a delegate of the Building Commissioner was13 given by a person in the performance of a function that14 at the time was delegated to the person by the Building15 Commissioner.16 64B. Review by State Administrative Tribunal of17 decision to cancel registration under s. 63N(1) or (2)18 (1) In this section —19 response period, for a notice given under section 63J20 or 63K, or a direction under section 63L(1), has the21 meaning given in section 63H.22 (2) This section applies to a proceeding under this Part for23 a review of a decision to cancel the registration of a24 person in a class of building service contractor under25 section 63N(1) or (2).26 (3) The State Administrative Tribunal cannot consider any27 information that the Board directed the person to28 provide in the notice given to the person under29 section 63J or 63K, or a direction under section 63L(1),30 in relation to the registration that was not provided to31 the Board (either by way of a submission made to the32

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 21 page 31 Board or otherwise) within the response period for the1 notice or direction, as is relevant.2 (4) Subsection (3) applies despite the State Administrative3 Tribunal Act 2004 section 27(1).4 (5) In the absence of evidence to the contrary, it is5 presumed that any of the following purporting to have6 been given by a delegate of the Board was given by a7 person in the performance of a function that at the time8 was delegated to the person by the Board —9 (a) a notice given to a person under section 63J or10 63K;11 (b) a direction given to a person under12 section 63L(1);13 (c) an extension of a response period for a notice14 given to a person under section 63J or 63K;15 (d) an extension of a response period for a16 direction given to a person under17 section 63L(1).18 (6) In the absence of evidence to the contrary, it is19 presumed that any of the following purporting to have20 been given to a person was given to the person in21 accordance with the provisions of the Interpretation22 Act 1984 and, if relevant, the Corporations Act, relating23 to service of documents —24 (a) a notice given to a person under section 63J or25 63K;26 (b) a direction given to a person under27 section 63L(1).28 29

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 22 page 32 22. Section 71 amended1 In section 71(1) delete “(other than section 26 or 56)” and2 insert:3 4 (other than section 26, 26B(1), 56 or 63N(1) or (2))5 6 23. Part 9 Division 3 Subdivision 5 inserted7 At the end of Part 9 Division 3 insert:8 9 Subdivision 5 — Transitional provisions for Building10 Services Legislation Amendment (Financial Oversight)11 Act 202612 146A. Application for renewal of registration13 (1) In this section —14 commencement day means the day on which the15 Building Services Legislation Amendment (Financial16 Oversight) Act 2026 section 9 comes into operation.17 (2) A reference in section 15B(1)(c) to an application for18 the renewal of a registration includes a reference to an19 application for the renewal of the registration that was20 made before commencement day.21 146B. Application for request to suspend or cancel22 registration23 (1) In this section —24 commencement day means the day on which the25 Building Services Legislation Amendment (Financial26 Oversight) Act 2026 section 12 comes into operation.27 (2) A reference in section 26A(1)(c) to a request made28 under section 26(1) includes a reference to a request29

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Suspension of registration and cancellation of registration Division 2 s. 23 page 33 that was made under that section before1 commencement day.2 146C. Directions given under Building Services (Complaint3 Resolution and Administration) Act 2011 s. 68(1)(a)4 or (b)5 (1) In this section —6 commencement day means the day on which the7 Building Services Legislation Amendment (Financial8 Oversight) Act 2026 section 12 comes into operation;9 (2) A reference in section 26B(1) to a direction given10 under the Building Services (Complaint Resolution and11 Administration) Act 2011 section 68(1)(a) or (b)12 includes a reference to a direction (a13 pre-commencement direction) given under that section14 before commencement day.15 (3) For the purposes of section 26B(1), it is irrelevant that16 a failure to comply with a pre-commencement direction17 occurred before commencement day.18 (4) Despite subsection (2), section 26B(1) does not apply19 in relation to a failure to comply with a20 pre-commencement direction if a prosecution for an21 offence under the Building Services (Complaint22 Resolution and Administration) Act 2011 section 71(2)23 in relation to the failure was commenced before24 commencement day.25 146D. Transitional regulations26 (1) In this section —27 publication day, in relation to regulations made for the28 purposes of subsection (2), means the day on which the29 regulations are published in accordance with the30 Interpretation Act 1984 section 41(1)(a);31

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 2 Suspension of registration and cancellation of registration s. 23 page 34 relevant transitional matter —1 (a) means a matter or issue of a transitional nature2 that arises as a result of any of the amendments3 to this Act, or to any other written law, made by4 the Building Services Legislation Amendment5 (Financial Oversight) Act 2026; and6 (b) includes a saving or application matter;7 specified means specified or described in regulations8 made for the purposes of subsection (2).9 (2) Regulations may prescribe anything required,10 necessary or convenient to be prescribed in relation to a11 relevant transitional matter.12 (3) Without limiting subsection (2), regulations made for13 the purposes of that subsection may provide for14 specified provisions of this Act or another written15 law —16 (a) not to apply to, or in relation to, a specified17 matter or thing; or18 (b) to apply with specified modifications to, or in19 relation to, a specified matter or thing.20 (4) If regulations made for the purposes of subsection (2)21 provide that a specified state of affairs is taken to have22 existed, or not to have existed, on and after a day that is23 earlier than publication day but not earlier than the day24 on which the Building Services Legislation Amendment25 (Financial Oversight) Act 2026 section 23 comes into26 operation, the transitional regulations have effect27 according to their terms.28 (5) If regulations made for the purposes of subsection (2)29 contain a provision of a kind described in30 subsection (4), the provision does not operate so as —31 (a) to affect in a manner prejudicial to any person32 (other than the State or an authority of the33

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Other amendments Division 3 s. 24 page 35 State) the rights of that person existing before1 publication day; or2 (b) to impose liabilities on any person (other than3 the State or an authority of the State) in respect4 of anything done or omitted to be done before5 publication day.6 7 Division 3 — Other amendments8 24. Section 3 amended9 (1) In section 3 insert in alphabetical order:10 11 credit reporting body has the meaning given in the12 Privacy Act 1988 (Cth) section 6(1);13 credit reporting information has the meaning given in14 the Privacy Act 1988 (Cth) section 6(1);15 notifiable person means —16 (a) any person who has authority to grant a17 building permit; or18 (b) an insurer who provides a policy of insurance19 in relation to residential building work, as20 defined in the Home Building Contracts21 Act 1991 section 25A, for the purposes of22 Part 3A of that Act; or23 (c) an approved fund as defined in the Home24 Building Contracts Act 1991 section 25A;25 26 (2) In section 3 in the definition of Corporations Act delete27 “(Commonwealth);” and insert:28 29 (Cth);30 31

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 3 Other amendments s. 25 page 36 25. Section 24 amended1 (1) After section 24(1) insert:2 3 (1A) Without limiting subsection (1), the Board may impose4 a condition under this section requiring a building5 service provider to report to the Board on specified6 matters in a specified form and at a specified time.7 8 (2) After section 24(2) insert:9 10 (2A) The Board may request a person to provide written11 consent to the imposition of a condition on the person’s12 registration under this section.13 14 26. Section 30 amended15 After section 30(4) insert:16 17 (5) The Building Commissioner may, if the Board18 requests, remove from any or all of the following such19 particulars included in the register in respect of a20 building service practitioner or building service21 contactor, or a class of building service practitioner or22 building service contractor, as are specified in the23 request —24 (a) the copy of the register that is available for25 inspection under subsection (1);26 (b) the copy of the register that is available for27 inspection under subsection (2);28

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Other amendments Division 3 s. 27 page 37 (c) a certified copy of the register or entry in the1 register provided under subsection (3);2 (d) a copy of the register or any part of, or entry in,3 the register published under subsection (4).4 5 27. Part 3 Division 7 inserted6 At the end of Part 3 insert:7 8 Division 7 — Credit reporting information about9 applicants and registered individuals10 37A. Board may request credit reporting information11 about applicants and registered individuals12 (1) In this section —13 relevant individual means an individual who is any of14 the following —15 (a) an applicant under section 13;16 (b) a registered building service provider;17 (c) an individual whose registration in a class of18 building service practitioner or building service19 contactor is suspended.20 (2) The Board may request a credit reporting body to21 provide the Board with credit reporting information22 about a relevant individual for any of the following23 purposes —24 (a) determining an application under section 13;25 (b) monitoring whether the relevant individual is26 complying with the conditions of their27 registration;28

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 3 Other amendments s. 28 page 38 (c) monitoring whether any other disciplinary1 matter may exist in relation to the relevant2 individual.3 (3) If requested by the Board, a credit reporting body must4 provide the Board with credit reporting information5 about a relevant individual.6 7 28. Section 51 amended8 Delete section 51(6) and insert:9 10 (6) The Board may notify a notifiable person that the11 Board has cancelled an owner-builder approval if the12 Board considers that the notifiable person has a13 relevant interest.14 15 29. Section 52 amended16 After section 52(1) insert:17 18 (1A) A reference in subsection (1) to a former registered19 building service provider includes a reference to a20 person whose registration in a class of building service21 practitioner or building service contractor is suspended.22 23 30. Section 62 replaced24 Delete section 62 and insert:25 26 62. Board may notify certain persons if registration27 suspended or cancelled28 The Board may notify a notifiable person that the29 registration of a person is suspended or cancelled under30

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Other amendments Division 3 s. 31 page 39 this Division if the Board considers that the notifiable1 person has a relevant interest.2 3 31. Section 63A amended4 (1) In section 63A(1) in the definition of insolvent after5 paragraph (b) insert:6 7 (ba) in the case of a corporation — a corporation8 that has a small business restructuring9 practitioner appointed under the Corporations10 Act; or11 (bb) in any case — a person whose registration in a12 class of building service contractor is not13 renewed because the person did not satisfy the14 financial requirements, if any, prescribed by the15 regulations under section 18(1)(b) for that class16 of building service contractor; or17 18 (2) After section 63A(2) insert:19 20 (2A) Without limiting subsection (2), a reference in this Part21 to a person becoming an insolvent includes a reference22 to the person becoming an insolvent because of23 paragraph (ba) or (bb) of the definition of insolvent in24 subsection (1) before the commencement of the25 Building Services Legislation Amendment (Financial26 Oversight) Act 2026 section 31(1).27 28 (3) After section 63A(3) insert:29 30 (4) Without limiting subsection (3), a reference in this Part31 to a non-corporate body becoming an insolvent32

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 3 Building Services (Registration) Act 2011 amended Division 3 Other amendments s. 32 page 40 includes a reference to an officer of the body becoming1 an insolvent because of paragraph (ba) or (bb) of the2 definition of insolvent in subsection (1) before the3 commencement of the Building Services Legislation4 Amendment (Financial Oversight) Act 20265 section 31(1).6 7 32. Section 63G amended8 In section 63G(b) delete “confirmed” and insert:9 10 affirmed11 12 33. Section 64 amended13 (1) In section 64(1) in the definition of reviewable decision14 paragraphs (a) to (d) delete “building service provider” and15 insert:16 17 person18 19 (2) After section 64(3) insert:20 21 (4) A decision to impose a condition on the registration of22 a person under section 24(1) is not subject to review23 under this Part if the Board obtained the person’s24 written consent to the imposition of that condition.25 26

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Building Services (Registration) Act 2011 amended Part 3 Other amendments Division 3 s. 34 page 41 34. Section 71 amended1 In section 71(1):2 (a) delete “Act, other than a power or duty conferred on the3 Board under a provision referred to in the Table — ”4 and insert:5 6 Act (other than section 26 or 56) or under any other7 Act —8 9 (b) delete the Table.10 11

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 4 Home Building Contracts Act 1991 amended s. 35 page 42 Part 4 — Home Building Contracts Act 1991 amended1 35. Act amended2 This Part amends the Home Building Contracts Act 1991.3 36. Section 25A amended4 In section 25A insert in alphabetical order:5 6 Building Services Board means the Building Services7 Board established by the Building Services8 (Registration) Act 2011 section 65;9 10 37. Section 25D amended11 (1) In section 25D(1A) in the definition of relevant circumstance:12 (a) in paragraph (d) delete “Act.” and insert:13 14 Act; or15 16 (b) after paragraph (d) insert:17 18 (e) if the builder is a building service contractor19 under the Building Services (Registration)20 Act 2011 — the cancellation of the builder’s21 registration in a class of building service22 contractor took effect under section 63O(3) of23 that Act.24 25

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Home Building Contracts Act 1991 amended Part 4 s. 37 page 43 (2) After section 25D(1)(d) insert:1 2 (da) it provides that a claim may be made after the3 expiration of the period referred to in4 paragraph (d) if —5 (i) the Building Services Board decides to6 cancel the builder’s registration in a7 class of building service contractor8 under the Building Services9 (Registration) Act 2011 section 63N(1)10 or (2) before the expiration of that11 period; and12 (ii) written notice of intention to make the13 claim is given to the insurer within14 28 days after the day on which the15 Building Services Board makes the16 decision, regardless of whether the17 entitlement to make the claim exists18 when the notice of intention is given;19 and20 (iii) the claim is made within 6 months after21 the cancellation takes effect under the22 Building Services (Registration)23 Act 2011 section 63O(3);24 and25 26 Note: The heading to amended section 25D is to read:27 Terms of insurance policy for this Division28

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 4 Home Building Contracts Act 1991 amended s. 38 page 44 38. Section 25DB inserted1 At the end of Part 3A Division 2 insert:2 3 25DB. Transitional provision for Building Services4 Legislation Amendment (Financial Oversight)5 Act 20266 (1) In this section —7 amendment Act means the Building Services8 Legislation Amendment (Financial Oversight)9 Act 2026;10 commencement day means the day on which the11 amendment Act section 37 comes into operation;12 new relevant circumstance means the circumstance13 referred to in paragraph (e) of the definition of relevant14 circumstance in section 25D(1A).15 (2) This section applies in relation to a policy of insurance16 (a pre-commencement policy) that —17 (a) is in force in respect of residential building18 work; and19 (b) was entered into before commencement day to20 satisfy a requirement of this Division.21 (3) A reference in a pre-commencement policy to a22 relevant circumstance is taken to include a reference to23 the new relevant circumstance.24 (4) Subsection (3) applies despite any provision of the25 pre-commencement policy that —26 (a) defines the term “relevant circumstance” for the27 purposes of the pre-commencement policy; or28 (b) provides for when a relevant circumstance29 exists for the purposes of the30 pre-commencement policy.31

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Home Building Contracts Act 1991 amended Part 4 s. 39 page 45 (5) Nothing in subsection (3) or (4) —1 (a) extends or otherwise affects the period for2 making a claim under a pre-commencement3 policy; or4 (b) limits a provision of a pre-commencement5 policy that defines the term “relevant6 circumstance” for the purposes of the7 pre-commencement policy; or8 (c) limits a provision of a pre-commencement9 policy that provides for when a relevant10 circumstance exists.11 (6) A pre-commencement policy is taken to provide for the12 matter referred to in section 25D(1)(da).13 (7) Despite the amendments made by the amendment Act14 section 37, section 25D, as in force immediately before15 commencement day, continues to apply on and after16 that day for the purposes of determining under17 section 25D(1) whether a pre-commencement policy18 complies with this Division.19 20 39. Part 3A Division 6 inserted21 At the end of Part 3A insert:22 23 Division 6 — Exchange of information24 25M. Exchange of information between Building25 Commissioner, Building Services Board, approved26 insurers and approved funds27 (1) In this section —28 approved insurer means an insurer referred to in29 section 25D(1)(f) or 25G(1)(d).30

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Part 4 Home Building Contracts Act 1991 amended s. 39 page 46 (2) The Building Commissioner may disclose information1 to —2 (a) an approved insurer if, in the opinion of the3 Building Commissioner the information is, or is4 likely to be, relevant to the functions of the5 approved insurer in providing a policy of6 insurance for the purposes of this Act; or7 (b) an approved fund if, in the opinion of the8 Building Commissioner the information is, or is9 likely to be, relevant to the functions of the10 approved fund in providing corresponding11 cover.12 (3) The Building Services Board may disclose information13 to —14 (a) an approved insurer if, in the opinion of the15 Building Services Board the information is, or16 is likely to be, relevant to the functions of the17 approved insurer in providing a policy of18 insurance for the purposes of this Act; or19 (b) an approved fund if, in the opinion of the20 Building Services Board the information is, or21 is likely to be, relevant to the functions of the22 approved fund in providing corresponding23 cover.24 (4) The Building Commissioner may request an approved25 fund or an approved insurer to disclose information to26 the Building Commissioner if, in the opinion of the27 Building Commissioner, the information is, or is likely28 to be, relevant to the functions of the Building29 Commissioner.30 (5) The Building Services Board may request an approved31 fund or an approved insurer to disclose information to32 the Building Services Board if, in the opinion of the33 Building Services Board, the information is, or is likely34

Building Services Legislation Amendment (Financial Oversight) Bill 2026 Home Building Contracts Act 1991 amended Part 4 s. 39 page 47 to be, relevant to the functions of the Building Services1 Board.2 (6) A request to disclose information under subsection (4)3 or (5) may include a request to disclose the information4 on an ongoing basis.5 (7) Without limiting other ways in which a disclosure may6 be made, information may be disclosed under this7 section by adding the information directly into a8 database that is accessible only to persons or bodies to9 whom the information may be disclosed in accordance10 with this section.11 (8) Information may be disclosed under subsection (2) or12 (3), or in compliance with a request under13 subsection (4) or (5), despite any written law relating to14 secrecy or confidentiality.15 (9) If information is disclosed in good faith under this16 section —17 (a) no civil or criminal liability is incurred in18 respect of the disclosure; and19 (b) the disclosure is not to be regarded as a breach20 of any duty of confidentiality or secrecy21 imposed by law; and22 (c) the disclosure is not to be regarded as a breach23 of professional ethics or standards or as24 unprofessional conduct.25 26