129Regulation-making power

129 Regulation-making power (1) The Executive may make regulations for this Act. (2) The regulations may make provision in relation to— (a) licences; and (b) the keeping of the register, including the particulars that must or may be entered in the register; and (c) the supervision of licensees’ activities; and (d) rectification orders; and (e) compliance with, and administration of, codes of practice. (3) The regulations may create offences for contraventions of the regulations and fix maximum penalties of not more than 60 penalty units for offences against the regulations. (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • bankrupt or personally insolvent • building code • director-general (see s 163) • document • entity • found guilty • Legislation Act • occupational discipline order • reviewable decision notice • State • territory planning authority • under • working day. AS 3500 means the following standards, as in force from time to time: (a) AS 3500.1.1; (b) AS 3500.2.1; (c) AS/NZS 3500. Note AS 3500 may be purchased at www.standards.org.au. authorised action, for part 4 (Rectification orders, enforceable undertakings and other obligations on licensees)—see section 33. authorised licensee, for part 4 (Rectification orders, enforceable undertakings and other obligations on licensees)—see section 33. builder—see section 8. building assessment work means preparing and providing— (a) an energy efficiency certificate under the Building Act 2004; or (b) an energy efficiency rating statement; or (c) a statement, certificate or other document prescribed by regulation. Note Energy efficiency certificate—see the Building Act 2004, s 139C. building assessor—see section 8A. building certification service—see section 9 (3). building certifier—see the Building Act 2004, dictionary, definition of certifier. building service—see section 8 (2). building surveyor—see section 9. building work—see the Building Act 2004, section 6. cancellation order, for division 5A.1 (Cancellation orders)—see section 65. class, of a construction occupation, means a class into which the occupation is divided under the regulations (see section 15). code of practice means a code of practice approved under section 126A. compliance auditor, for part 6 (Enforcement)—see section 75. conduct means an act or an omission to do an act. construction occupation—see section 7. construction practitioner—see section 6. construction service—see section 6 (2). corresponding law means— (a) a law of a State corresponding, or substantially corresponding, to this Act; or (b) a law of a State prescribed by regulation as a corresponding law for this Act. criminal intelligence, for division 5A.2 (Criminal intelligence)—see section 69. demerit ground for occupational discipline, for part 8 (Demerit points system)—see section 89. demerit points register, for part 8 (Demerit points system)—see section 89. director—see the Corporations Act, section 9AC. disciplinary incident, for part 8 (Demerit points system)—see section 89. drainer—see section 10. electrical wiring service—see section 11 (2). electrician—see section 11. emergency rectification order—see section 39. endorsement means an endorsement under section 22. energy efficiency rating statement—see section 123AC. engage in conduct means— (a) do an act; or (b) omit to do an act. entity, for part 4 (Rectification orders, enforceable undertakings and other obligations on licensees)—see section 34 (1) (a). exemption assessment service—see section 9 (2). former licensee means an entity that has been a licensee. gas appliance service—see section 12A (2). gas appliance worker—see section 12A (1). gasfitter—see section 12. gasfitting service—see section 12 (2). ground for occupational discipline—see section 55. information requirement, for part 6A (Information requirements)— see section 80D. infringement notice—see Magistrates Court Act 1930, section 117. inspector, for part 6 (Enforcement)—see section 75. law of another jurisdiction, for part 11AA (Information sharing)— see section 123AA. licence means a licence under this Act. licensee— (a) for division 5.2 (Occupational discipline—licensees)—see section 54; and (b) for part 8 (Demerit points system)—see section 89. licence number, for a licence—see section 23 (1) (c). mandatory requirement, for division 3.2 (Nominees)—see section 27. nominee, of a corporation or partnership, means a person who is appointed as a nominee of the corporation or partnership under section 28A. non-territory agency, for part 11AA (Information sharing)—see occupational discipline means— (a) something done by the ACAT by an occupational discipline order; or (b) something done by the registrar in accordance with an occupational discipline order; or (c) something done by the registrar under section 95. occupation class means a class into which a construction occupation is divided under a regulation. Note Section 15 provides that a regulation may divide a construction occupation into classes. occupier, of premises, includes a person believed on reasonable grounds to be an occupier of the premises. officer, for part 6 (Enforcement)—see section 75. operational Act—see section 16. plumber—see section 13. plumbing plan certification service—see section 14 (2). plumbing plan certifier—see section 14. plumbing service—see section 13 (2). previous 3 years, for part 8 (Demerit points system)—see section 90. public safety agency, for part 11AA (Information sharing)—see public safety information, for part 11AA (Information sharing)—see rectification order—see section 38 (1). rectification undertaking, for part 4 (Rectification orders, enforceable undertakings and other obligations on licensees)—see section 47B. register means the register kept under section 107. registrar—see section 103. reviewable decision, for part 11A (Notification and review of decisions)—see section 123A. sanitary drainage service—see section 10 (2). supervise includes direct. works assessment service—see section 14A (2). works assessment work means— (a) undertaking an exemption assessment under the Planning Act 2023; or (b) providing, including doing anything incidental to providing, a unit title assessment report under the Unit Titles Act 2001. Note Unit title assessment report—see the Unit Titles Act 2001, s 22B. works assessor—see section 14A (1). 1 About the endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Construction Occupations (Licensing) Act 2004 A2004-12 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) remainder commenced 1 September 2004 (s 2 and CN2004-8) as modified by Construction Occupations (Licensing) Regulations 2004 SL2004-36 (as am by SL2004-44 reg 5; A2005-34 amdt 1.38; SL2005-18 s 4) taken to have been notified LR 26 March 2004 (A2004-12, s 151 (3) (a)) reg 1 taken to have commenced 26 March 2004 (LA s 75 (1)) remainder commenced 1 September 2004 (A2004-12, s 151 (3) (b)) Construction Occupations (Licensing) Amendment Regulations 2004 (No 1) SL2004-44 reg 5 notified LR 8 September 2004 reg 1, reg 2 commenced 8 September 2004 (LA s 75 (1)) reg 5 commenced 9 September 2004 (reg 2) Note These regulations only amend the Construction Occupations (Licensing) Regulations 2004 SL2004-36. Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.9 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.9 commenced 2 June 2005 (s 2 (1)) Construction Occupations Legislation Amendment Act 2005 A2005-34 sch 1 pt 1.3, amdt 1.38 notified LR 6 July 2005 s 1, s 2 commenced 6 July 2005 (LA s 75 (1)) sch 1 pt 1.3, amdt 1.38 commenced 27 July 2005 (s 2) Construction Occupations (Licensing) Amendment Regulation 2005 (No 1) SL2005-18 s 4 notified LR 26 August 2005 s 1, s 2 commenced 26 August 2005 (LA s 75 (1)) s 4 commenced 27 August 2005 (s 2) Note These regulations only amend the Construction Occupations (Licensing) Regulation 2004 SL2004-36. Construction Occupations Legislation Amendment Act 2006 A2006-15 sch 1 pt 1.2 notified LR 6 April 2006 s 1, s 2 commenced 6 April 2006 (LA s 75 (1)) sch 1 pt 1.2 commenced 1 September 2006 (s 2 and CN2006-19) Asbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.4 (as am by A2006-24 s 4) notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) amdt 1.29, amdt 1.32 commenced 18 November 2006 (s 2 (2) and LA s 79) amdt 1.30 commenced 1 July 2006 (s 2 (2) and CN2006-14) sch 1 pt 1.4 remainder commenced 1 July 2006 (s 2 (1) as am by A2006-24 s 4) Asbestos Legislation Amendment Act 2006 (No 2) A2006-24 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) remainder commenced 19 May 2006 (s 2) Note This Act only amends the Asbestos Legislation Amendment Act 2006 A2006-16. Building Legislation Amendment Act 2007 A2007-26 sch 1 pt 1.3 notified LR 13 September 2007 s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) s 3, amdt 1.87, amdt 1.88 commenced 30 November 2007 (s 2 (1) and CN2007-16) sch 1 pt 1.3 remainder commences 31 March 2008 (s 2 (1) and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.16 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.16 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.10 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.10 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) as modified by ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2 s 67 and sch 1 (as am by A2009-49 amdt 1.2, amdt 1.3) notified LR 29 January 2009 s 1, s 2 commenced 29 January 2009 (LA s 75 (1)) s 67 and sch 1 commenced 2 February 2009 (s 2 and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.17 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.17 commenced 22 September 2009 (s 2) Statute Law Amendment Act 2009 (No 2) A2009-49 amdt 1.2, amdt 1.3, sch 1 pt 1.4, sch 3 pt 3.10 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) amdt 1.2, amdt 1.3, sch 1 pt 1.4, sch 3 pt 3.10 commenced 17 December 2009 (s 2) Note This Act also amends the ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2. Construction Occupations Legislation Amendment Act 2010 A2010-8 pt 2 notified LR 3 March 2010 s 1, s 2 commenced 3 March 2010 (LA s 75 (1)) pt 2 commenced 4 March 2010 (s 2 (1)) Construction Occupations Legislation (Exemption Assessment) Amendment Act 2010 A2010-24 pt 3 notified LR 8 July 2010 pt 1 commenced 8 July 2010 (s 2 (1)) pt 3 commenced 8 July 2011 (s 2) Construction Occupations Legislation Amendment Act 2010 (No 2) A2010-32 pt 4 notified LR 1 September 2010 s 1, s 2 commenced 1 September 2010 (LA s 75 (1)) s 3 commenced 18 February 2011 (LA s 75AA) pt 4 commenced 1 March 2011 (s 2 and LA s 79) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.34 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.34 commenced 1 July 2011 (s 2 (1)) Planning and Building Legislation Amendment Act 2011 A2011-23 pt 3 notified LR 6 July 2011 pt 1 commenced 6 July 2011 (s 2 (1)) s 7 commenced 8 July 2011 (s 2 (3) and see Construction Occupations Legislation (Exemption Assessment) Amendment Act 2010 A2010-24 s 2) pt 3 remainder commenced 7 July 2011 (s 2 (5)) Work Health and Safety (Consequential Amendments) Act 2011 A2011-55 sch 1 pt 1.2 notified LR 14 December 2011 s 1, s 2 commenced 14 December 2011 (LA s 75 (1)) sch 1 pt 1.2 commenced 1 January 2012 (s 2 and see Work Health and Safety Act 2011 A2011-35, s 2 and CN2011-12) Construction and Energy Efficiency Legislation Amendment Act 2013 A2013-31 pt 6 notified LR 26 August 2013 s 1, s 2 commenced 26 August 2013 (LA s 75 (1)) pt 6 commenced 27 August 2013 (s 2 (3)) Construction and Energy Efficiency Legislation Amendment Act 2014 A2014-2 pt 3 notified LR 5 March 2014 s 1, s 2 commenced 5 March 2014 (LA s 75 (1)) pt 3 commenced 6 March 2014 (s 2) Construction and Energy Efficiency Legislation Amendment Act 2014 (No 2) A2014-10 pt 2 notified LR 17 April 2014 s 1, s 2 commenced 17 April 2014 (LA s 75 (1)) s 18, s 19 commenced 17 October 2014 (s 2 (2) and LA s 79) pt 2 remainder commenced 18 April 2014 (s 2) Gas Safety Legislation Amendment Act 2014 A2014-38 pt 2 notified LR 30 September 2014 s 1, s 2 commenced 30 September 2014 (LA s 75 (1)) pt 2 commenced 30 March 2015 (s 2 and LA s 79) Training and Tertiary Education Amendment Act 2014 A2014-48 sch 1 pt 1.5 notified LR 6 November 2014 s 1, s 2 commenced 6 November 2014 (LA s 75 (1)) sch 1 pt 1.5 commenced 20 November 2014 (s 2) Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014-49 sch 1 pt 1.4 notified LR 10 November 2014 s 1, s 2 commenced 10 November 2014 (LA s 75 (1)) sch 1 pt 1.4 commenced 17 November 2014 (s 2) Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014 A2014-53 pt 4 notified LR 3 December 2014 s 1, s 2 commenced 3 December 2014 (LA s 75 (1)) pt 4 commenced 1 January 2015 (s 2) Planning, Building and Environment Legislation Amendment Act