Part 2Licensing of building work contractors

Part 2—Licensing of building work contractors 6—Obligation of building work contractors to be licensed (1) A person must not— (a) carry on business as a building work contractor except as authorised by a licence under this Part; or (b) advertise or otherwise hold himself or herself out as being entitled to carry on business as a building work contractor unless authorised to carry on business as such a contractor by a licence under this Part. (a) for an offence committed by a natural person— (i) for a first or second offence—$100 000; (ii) for a third or subsequent offence—$150 000 or imprisonment for 12 months or both; (b) for an offence committed by a body corporate— (i) for a first or second offence—$500 000; (ii) for a third or subsequent offence—$550 000. (2) A person required by this Act to be licensed as a building work contractor is not entitled to any fee, other consideration or compensation under or in relation to a contract with another on whose behalf the person performed work as a building work contractor unless— (a) the person was authorised to perform the work under a licence; or (b) a court hearing proceedings for recovery of the fee, other consideration or compensation is satisfied that the person's failure to be so authorised resulted from inadvertence only. (3) The Commissioner may, on application, exempt a person from compliance with this section subject to such conditions as the Commissioner thinks fit. (4) The Commissioner may vary or revoke an exemption granted under subsection (3) as the Commissioner thinks fit. 7—Classes of licence (1) There are the following classes of licences for the purposes of this Act: (a) building work contractors licence—a licence authorising a person to carry on business as a building work contractor; (b) building work contractors licence with conditions—a licence authorising a person to carry on business as a building work contractor subject to conditions limiting the work that may be performed under the authority of the licence. (2) Conditions limiting the work that may be performed under the authority of a licence— (a) may be imposed by the Commissioner— (i) on the grant of the licence; or (ii) at any time on application by the licensed building work contractor; and (b) may be varied or revoked by the Commissioner at any time on application by the licensed building work contractor. 8—Application for licence (1) An application for a licence must— (b) be accompanied by the fee fixed by regulation. (2) An applicant for a licence must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant and any other information required by the Commissioner for the purposes of determining the application. (3) A licence granted to a natural person will include a photograph of the holder of the licence; consequently, an applicant for a licence who is a natural person may be required by the Commissioner— (a) to attend at a specified place for the purpose of having the applicant's photograph taken; or (b) to supply the Commissioner with one or more photographs of the applicant as specified by the Commissioner. (4) If an applicant for a licence has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty. (5) The Commissioner may, by notice in writing, require an applicant for a licence, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction. (6) If the applicant fails to comply with the notice under subsection (5), the Commissioner may, without further notice, refuse the application but keep the fee that accompanied the application. 9—Entitlement to be licensed (1) A natural person is entitled to be granted a licence if the person— (a) has— (i) the qualifications and experience required by regulation for the kind of work authorised by the licence; or (ii) subject to the regulations, qualifications and experience that the Commissioner considers appropriate having regard to the kind of work authorised by the licence; and (b) is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and (c) subject to subsection (1a)— (i) is not, and has not been, during the period of 2 years preceding the application for the licence, an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; and (ii) has not been, during the period of 5 years preceding the application for the licence, a director of a body corporate wound up for the benefit of creditors— (A) when the body corporate was being so wound up; or (B) within the period of 12 months preceding the commencement of the winding up; and (e) has sufficient business knowledge and experience and financial resources for the purpose of properly carrying on the business authorised by the licence; and (f) is a fit and proper person to be the holder of a licence. (1a) A natural person referred to in subsection (1)(c) may be granted a licence subject to conditions limiting the work that may be performed under the authority of the licence— (a) if he or she is only a person referred to in subsection (1)(c) because he or she has previously been an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors—to carrying out a specified trade or trades (or a specified trade or trades in specified circumstances or subject to specified limitations); or (b) in any case—to work as a subcontractor. (2) A body corporate is entitled to be granted a licence if— (a) the body corporate— (i) is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and (ii) is not being wound up and is not under official management or in receivership; and (b) no director of the body corporate— (i) is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; or (ii) subject to subsection (2a)— (A) is, or has been, during the period of 2 years preceding the application for the licence, an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; or (B) has been, during the period of 5 years preceding the application for the licence, a director of a body corporate wound up for the benefit of creditors— • when the body corporate was being so wound up; or • within the period of 12 months preceding the commencement of the winding up; and (c) the directors of the body corporate together have sufficient business knowledge and experience for the purpose of properly directing the business authorised by the licence; and (d) the body corporate has sufficient financial resources for the purpose of properly carrying on the business authorised by the licence; and (e) each director of the body corporate is a fit and proper person to be the director of a body corporate that is the holder of a licence. (2a) A body corporate with a director referred to in subsection (2)(b)(ii) may be granted a licence subject to conditions limiting the work that may be performed under the authority of the licence— (a) if the director is only a person referred to in subsection (2)(b)(ii) because he or she has previously been an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth or subject to a composition or deed or scheme of arrangement with or for the benefit of creditors—to carrying out a specified trade or trades (or a specified trade or trades in specified circumstances or subject to specified limitations); or (b) in any case—to work as a subcontractor. (3) If, on an application for a licence, the Commissioner— (a) is not satisfied that the applicant meets requirements as to qualifications, business knowledge, experience or financial resources; but (b) is satisfied that the applicant proposes to carry on business as a building work contractor in partnership with a person who does meet those requirements, the Commissioner may, subject to the other provisions of this section, grant a licence to the applicant subject to the condition that the applicant not carry on business under the licence except in partnership with that person or some other person approved by the Commissioner. 10—Reviews (1) An applicant for a licence may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Commissioner refusing the application. (2) Subject to subsection (4), an application for review must be made within 1 month of the making of the Commissioner's decision. (3) The Commissioner must, if so required by the applicant, state in writing the reasons for the Commissioner's decision to refuse the application. (4) If the reasons of the Commissioner are not given in writing at the time of making the decision and the applicant (within one month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the applicant receives the written statement of those reasons. 10A—Power of Commissioner to require photograph and information The Commissioner may, by notice in writing, require a licensed building work contractor, within a time fixed by the notice (which may not be less than 28 days after service of the notice)— (a) at least once in every 10 years— (i) to attend at a specified place for the purpose of having the contractor's photograph taken; or (ii) to supply the Commissioner with one or more photographs of the contractor as specified by the Commissioner; and (b) not more than once in each year—to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the contractor and information about any other specified matters. 11—Duration of licence and periodic fee and return etc (1) A licence remains in force (except for any period for which it is suspended) until— (a) the licence is surrendered or cancelled; or (b) the licensed building work contractor dies or, in the case of a licensed body corporate, is dissolved. (2) A licensed building work contractor must, at intervals fixed by regulation— (a) pay to the Commissioner the fee fixed by regulation; and (b) lodge with the Commissioner a return in the manner and form required by the Commissioner. (3) If a licensed building work contractor fails to pay the fee or lodge the return in accordance with subsection (2), or to comply with a notice under section 10A, the Commissioner may, by notice in writing, require the contractor to make good the default. (4) If the licensed building work contractor fails to comply with the notice within 28 days after service of the notice, the contractor's licence is cancelled. (5) The Commissioner must notify the building work contractor in writing of the cancellation of the contractor's licence. (6) A licensed building work contractor may surrender the licence. (7) In this section— licensed building work contractor includes a licensed building work contractor whose licence has been suspended.