Building Services Legislation Amendment (Financial Oversight) Bill 2026
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Division 2 Suspension of registration and cancellation of registration
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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
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(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
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(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
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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
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(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
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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
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Division 2 Suspension of registration and cancellation of registration
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(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
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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
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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
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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
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Division 2 Suspension of registration and cancellation of registration
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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