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
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(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
Section retrieval-0002 - Building Services Legislation Amendment (Financial Oversight) Bill 2026 - Document excerpt 2 | Zoe
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
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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
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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
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(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
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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
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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
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(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
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(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
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(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
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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