Sch 2Estimating the value of work

Schedule 2 — Estimating the value of work [r. 13(1), 28(1)] 1. Terms used GST has the meaning given in the *A New Tax System (Goods and Services Tax) Act 1999* (Commonwealth); relevant components means — (a) all goods (including manufactured goods forming part of the work); and (b) labour; and (c) services necessary; and (d) fees payable; and (e) overheads to be met; and (f) profit margin. 2. Estimated value of work For the purposes of estimating the value of work — (a) where the work is to be carried out under a contract and the contract price includes value for at least each of the relevant components — the estimated value of the work is the contract price (including the GST); and (b) where the work is to be carried out — (i) other than under a contract; or (ii) under a contract the contract price for which does not include value for each of the relevant components, the estimated value of the work is the sum of the value (including the GST) of the relevant components. Schedule 3 — Builder work: areas of State for purposes of definition [r. 13(1)] 1. Term used: townsite townsite means a townsite constituted under the *Land Administration Act 1997* section 26(2). 2. Areas of State (1) The area described as the South West Division in the *Land Administration Act 1997* Schedule 1, other than the local government districts of Mukinbudin, Mt Marshall and Narembeen. (2) The local government districts of Greater Geraldton, Chapman Valley and Northampton. (3) The areas constituted by — (a) the townsites of Kalgoorlie and Boulder, in the local government district of Kalgoorlie Boulder; and (b) the townsites of Esperance, Salmon Gums, Grass Patch, Scaddan, Condingup, Coomalbidgup, Cascade and Gibson in the local government district of Esperance; and (c) the townsites of Southern Cross, Marvel Loch, Moorine Rock, Bullfinch and Bodallin, in the local government district of Yilgarn; and (d) the townsites of Coolgardie, Kambalda and Kambalda West, in the local government district of Coolgardie; and (e) the townsite of Norseman, in the local government district of Dundas; and (f) the townsite of Laverton, in the local government district of Laverton; and (g) the townsite of Munglinup, in the local government district of Ravensthorpe; and (h) the townsites of Tom Price, Paraburdoo and Onslow, in the local government district of Ashburton; and (i) the townsites of Newman, Nullagine and Marble Bar, in the local government district of East Pilbara; and (j) the townsite of Exmouth in the local government district of Exmouth; and (k) the townsites of Port Hedland, South Hedland and Wedgefield in the local government district of Port Hedland; and (l) the townsites of Karratha, Roebourne, Point Samson, Dampier and Wickham, in the local government district of Karratha; and (m) the townsites of Carnarvon, Coral Bay and Mauds Landing in the local government district of Carnarvon; and (n) the townsite of Halls Creek in the local government district of Halls Creek; and (o) the townsite of Broome in the local government district of Broome; and (p) the townsites of Derby, Fitzroy Crossing and Camballin in the local government district of Derby West Kimberley. [Clause 2 amended: Gazette 21 Sep 2018 p. 3537.] Schedule 4 — Painter work: areas of the State for purposes of definition [r. 28] 1. Term used: townsite townsite means a townsite constituted under the *Land Administration Act 1997* section 26(2). 2. Areas of State (1) The area described as the South West Division in the *Land Administration Act 1997* Schedule 1, other than the local government districts of Mukinbudin, Mt Marshall and Narembeen. (2) The areas constituted by — (a) the townsites of Kalgoorlie and Boulder, in the local government district of Kalgoorlie Boulder; and (b) the townsites of Esperance, Salmon Gums, Grass Patch, Scaddan, Condingup, Coomalbidgup, Cascade and Gibson in the local government district of Esperance; and (c) the townsites of Southern Cross, Marvel Loch, Moorine Rock, Bullfinch and Bodallin, in the local government district of Yilgarn; and (d) the townsites of Coolgardie, Kambalda and Kambalda West, in the local government district of Coolgardie; and (e) the townsite of Norseman, in the local government district of Dundas; and (f) the townsite of Laverton, in the local government district of Laverton; and (g) the townsite of Munglinup, in the local government district of Ravensthorpe. [Clause 2 amended: Gazette 21 Sep 2018 p. 3537.] Schedule 5 — Prescribed offences and modified penalties [r. 36A] [Heading inserted: Gazette 26 Apr 2019 p. 1216.] [Heading inserted: Gazette 26 Apr 2019 p. 1216.] 1. Terms used building contractor has the meaning given in regulation 13; building engineering contractor has the meaning given in regulation 28J; building engineering practitioner has the meaning given in regulation 28J; building surveying contractor has the meaning given in regulation 28A; building surveying practitioner means — (a) a building surveying practitioner level 1; or (b) a building surveying practitioner level 2; building surveying work has the meaning given in regulation 28A; painting contractor has the meaning given in regulation 28. [Division 1 inserted: Gazette 26 Apr 2019 p. 1216; amended: SL 2023/64 r. 16.] Division 2 — Offences under the Act [Heading inserted: Gazette 26 Apr 2019 p. 1217.] | **Offence under the Act** | | **Modified penalty** | | s. 4(1) | Using a title when not registered in a class of building service practitioner or building service contractor entitled to use that title | For a person who uses the title that a building practitioner, building surveying practitioner, building engineering practitioner, building contractor, building surveying contractor or building engineering contractor is entitled to use — $2 500<br>For a person who uses the title that a painting practitioner or painting contractor is entitled to use — $1 250 | | s. 5(1) | Falsely claiming to be registered in a class of building service practitioner | For a person who claims to be registered as a building practitioner, building engineering practitioner or building surveying practitioner — $2 500<br>For a person who claims to be registered as a painting practitioner — $1 250 | | s. 5(2) | Falsely claiming to be registered in a class of building service contractor | For a person who claims to be registered as a building contractor, building engineering contractor or building surveying contractor — $2 500<br>For a person who claims to be registered as a painting contractor — $1 250 | | s. 6(1) | Falsely claiming an entitlement to carry out a prescribed building service | For a person who claims an entitlement to carry out builder work, building engineering work or building surveying work — $2 500<br>For a person who claims an entitlement to carry out painter work — $1 250 | | s. 7(1) | Carrying out, or undertaking to carry out, a prescribed building service when not registered | For a person who carries out, or undertakes to carry out, builder work, building engineering work or building surveying work — $2 500<br>For a person who carries out, or undertakes to carry out, painter work — $1 250 | | s. 7(5) | Subcontracting a prescribed building service to a person who is not entitled to carry out the building service | For a building contractor, building engineering contractor or building surveying contractor — $2 500<br>For a painting contractor — $1 250 | | s. 8 | Failure to cause building service contractor’s registration number to appear in an advertisement published by the contractor | $250 | | s. 22(2) | Carrying out, or undertaking to carry out, relevant building service without nominated supervisor | For a building contractor, building engineering contractor or building surveying contractor — $2 500<br>For a painting contractor — $750 | | s. 22(3) | Failure to notify the Board of ceasing to have a nominated supervisor | For a building contractor, building engineering contractor or building surveying contractor — $500<br>For a painting contractor — $250 | | s. 25 | Contravening a condition to which building service provider’s registration is subject | $2 500 | | s. 32(1) | Failure to notify the Board of change of address | $250 | | s. 32A(2) | Failure to notify the Board of new director | $1 000 | | s. 33(1) | Failure to notify the Board of change in circumstances affecting eligibility to remain registered | $1 000 | | s. 34(1) | Failure to notify the Board of financial difficulty | $1 000 | | s. 34(3) | Failure to notify the Board of insolvency | $1 000 | | s. 35(1) | Failure to notify the Board of being charged with a serious offence | $500 | | s. 35(2) | Failure to notify the Board of being convicted of a serious offence | $500 | | s. 35(3) | Failure to notify the Board of conviction of an offence against the Commonwealth or another jurisdiction | $500 | | s. 36(1) | Failure to notify the Board of disciplinary action | $500 | | s. 37(1) | Failure to return registration certificate | $500 | | s. 49 | Contravening a condition that applies to an owner‑builder approval | $2 500 | [Division 2 inserted: Gazette 26 Apr 2019 p. 1217‑19; amended: SL 2022/101 r. 6; SL 2023/64 r. 17.] Division 3 — Offences under these regulations [Heading inserted: Gazette 26 Apr 2019 p. 1219.] | **Offence under these regulations** | | **Modified penalty** | | r. 21 | Failure to display sign — building contractor | $200 | | r. 27(2) | Failure to display sign — owner‑builder | $200 | | r. 36 | Failure to display sign — painting contractor | $100 | [Division 3 inserted: Gazette 26 Apr 2019 p. 1219; amended: SL 2023/64 r. 18.]