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Construction Occupations (Licensing) Act 2004
23February 2026. It also includes any commencement, amendment, repeal or expiry affecting
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23 February 2026. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 23 February 2026.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
contents 1
Page
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 2
6 What is a construction practitioner? 3
7 What is a construction occupation? 3
8 What is a builder? 4
8A What is a building assessor? 4
9 What is a building surveyor? 4
10 What is a drainer? 5
Page
contents 2 Construction Occupations (Licensing) Act 2004
11 What is an electrician? 5
12 What is a gasfitter? 6
12A What is a gas appliance worker? 6
13 What is a plumber? 6
14 What is a plumbing plan certifier? 7
14A What is a works assessor? 7
15 Classes of construction occupations 7
16 What is an operational Act? 7
17 Licence applications 9
18 Eligibility for licence 9
19 Decision on licence application 10
20 Multiple occupations, classes and authorisation 12
21 Licence conditions 13
21A Licence conditions—licensee’s previous licence cancelled for longer
than 1 year etc 13
22 Endorsements on licences 14
23 Form of licence 14
24 Term of licence 15
24A Eligibility for licence renewal 15
25 Licence renewal 15
26 Voluntary licence cancellation 17
26A Entitlement to act as works assessor 18
26B Notification requirements for licensees 19
26C Criminal liability of executive officers—s 26B 20
27 Meaning of mandatory requirement for div 3.2 22
28 Eligibility for licence—corporations and partnerships 22
28A Nominees of corporations or partnerships 24
29 Resignation of nominee 25
30 Revocation of nominee’s appointment 25
31 Role of nominees 26
32 Legislation Act and nominee appointments 27
Page
contents 3
Part 4 Rectification orders, enforceable
undertakings and other obligations on
33 Definitions—pt 4 28
33A Rectification orders—exercise of registrar’s powers 28
34 Intention to make rectification order 29
35 When rectification order may be made 30
36 Considerations for deciding when rectification order appropriate 32
37 Rectification order inappropriate 33
38 Rectification orders 35
39 Emergency rectification order 37
39A Rectification order—licensee or former licensee wound up etc before
order made 38
39B Rectification order—licensee or former licensee wound up etc after
order made 40
40 Rectification order offence 41
41 Failure to comply with order 42
42 Action on emergency rectification order 42
43 Hindering or obstructing authorised licensee 43
44 Damage etc by authorised licensee to be minimised 43
45 Compensation 44
46 Protection of authorised licensees from liability 44
47 Licensee to give evidence of insurance 45
47A Licensee must comply with determinations about training 46
47B Registrar may accept undertakings 46
47C Notice of decision and reasons for decision 47
47D When rectification undertaking becomes enforceable 48
47E Withdrawal or variation of rectification undertaking 48
47F Ending rectification undertaking 48
47G Undertaking not admission of fault etc 48
47H Contravention of rectification undertaking 49
Page
contents 4 Construction Occupations (Licensing) Act 2004
47I Proceeding for contravention or alleged contravention 50
47J Rectification undertaking offence 51
Part 5 Automatic licence suspension and
occupational discipline
48 Automatic suspension of individual licence 52
49 Automatic suspension of corporate licence 52
50 Automatic suspension of partnership licence 53
50A Automatic suspension of licence—no nominee 53
51 Automatic suspension of licence—construction occupations 54
52 Automatic suspension of licence—occupation classes 54
52A Suspension of licence—public safety 54
53 End of licence suspension 55
53A Cancellation of licence following automatic suspension 56
54 Meaning of licensee—div 5.2 57
55 Grounds for occupational discipline 57
55A Skill assessment of licensees 58
56 Occupational discipline 60
57 Considerations before making occupational discipline orders 61
58 Occupational discipline orders—licensees 62
58AA Occupational discipline orders—directors or partners of licensees 63
58A Occupational discipline orders—related licence of licensee 64
59 Interim licence suspension 66
60 Effect of interim suspension 67
61 Revocation of interim suspension 67
62 Builders licence affected by occupational discipline or other action 67
63 Effect of non-renewal on suspended licence 68
64 Requirement to return surrendered licence 69
65 Meaning of cancellation order—div 5A.1 70
Page
contents 5
66 Application for cancellation order 70
67 Cancellation order 70
68 Revoking cancellation order 72
69 Meaning of criminal intelligence—div 5A.2 72
70 Disclosure of criminal intelligence 72
71 Whether information is criminal intelligence—application and decision 72
72 Confidentiality of criminal intelligence—ACAT 73
73 Confidentiality of criminal intelligence—courts 74
74 Delegation by chief police officer 75
75 Definitions—pt 6 76
76 Compliance auditors—appointment 76
77 Compliance auditors—functions 77
78 Compliance auditors—entry to premises 77
79 Compliance auditors—production of documents 78
80 Non-compliance with s 79 notice 80
80CA Inspectors—appointment 81
80CB Inspectors—functions 81
80CC Inspectors—entry to premises 82
80CD Inspectors—power to seize things 83
80CE Inspectors—receipt for things seized 85
80CF Access to things seized 85
80CG Return of things seized 85