Construction Occupations (Licensing) Regulation 2004

2 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘specialist building work—see the Building Act 2004, section 9.’ means that the term ‘specialist building work’ is defined in that section and the definition applies to this Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3 Notes A note included in this regulation is explanatory and is not part of this Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1

4 Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

4A Construction occupation of builder—excluded work—Act, s 6 (3) (b) (1) A building exempted by the Minister under the Building (General) Regulation 2008, section 7 is excluded work from the construction occupation of a builder for the stated period mentioned in the exemption, subject to any condition mentioned in the exemption. (2) A building or building work mentioned in the Building (General) Regulation 2008, schedule 1, part 1.2 is excluded work from the construction occupation of a builder, subject to any condition mentioned in that part, column 3. (3) A building or building work mentioned in the Building (General) Regulation 2008, schedule 1, part 1.3 is excluded work from the construction occupation of a builder, subject to any condition mentioned in that part, column 4.

4B Construction occupation of gasfitter—excluded work— Act, s 6 (3) (b) (1) Medical gasfitting work for a medical gas system used, or for use, only in the practice of veterinary science is excluded work from the construction occupation of gasfitter. (2) Medical gas technician work for a medical gas system used, or for use, only in the practice of veterinary science is excluded work from the construction occupation of gasfitter. veterinary science—see the Veterinary Practice Act 2018, section 8.

5 Licence applications—Act, s 17 (3) A licence application must contain the following information: (a) the applicant’s name; (b) the construction occupation and class of construction occupation the application relates to; (c) any endorsement being applied for; (d) if the applicant is an individual— (i) the applicant’s date of birth; and (ii) the applicant’s home address; and (iii) if the applicant is applying for a principal building surveyor employee or general building surveyor employee licence— the name of the applicant’s employer or proposed employer; and (iv) the applicant’s mobile telephone number; (e) if the applicant is a partnership— (i) evidence of the existence of the partnership; and (ii) the name of each partner; and (iii) if a partner is a corporation—the partner’s ACN (if any); and (iv) the following for each of the applicant’s nominees: (A) the nominee’s name, business address, email address and mobile telephone number; (B) the nominee’s landline telephone number and fax number (if any);

(f) if the applicant is a corporation— (i) its ACN (if any); and (ii) the following for each of the applicant’s nominees: (A) the nominee’s name, business address, email address and mobile telephone number; (B) the nominee’s landline telephone number and fax number (if any); and (iii) if the history of the corporation is on a database kept by the Australian Securities and Investments Commission—an extract about the history of the corporation from the database; (g) the applicant’s— (i) business telephone number and email address; and (ii) fax number (if any); (h) if the application is for a licence as— (i) a building assessor—the name of the insurer who will provide the insurance mentioned in section 16B (Eligibility to be building assessor); or (ii) a building surveyor—the name of the insurer who will provide the insurance mentioned in section 17 (Eligibility to be building surveyor); or (iii) a plumbing plan certifier—the name of the insurer who will provide the insurance mentioned in section 18 (Eligibility to be plumbing plan certifier); or (iv) a works assessor—the name of the insurer who will provide the insurance mentioned in section 18A (Eligibility to be works assessor);

(i) evidence that the applicant is eligible to be licensed in the construction occupation or class of construction occupation applied for; (j) if an endorsement is being applied for—evidence that the applicant is capable of providing each construction service allowed to be provided under the endorsement; (k) whether the applicant has been licensed before and, if so, details of each previous licence; (l) whether the applicant has been convicted or found guilty of any offence involving fraud, dishonesty or violence, punishable by imprisonment for 1 year or more and, if so, details of each conviction or finding. Note Under the Spent Convictions Act 2000, an applicant need not include in an application certain spent convictions or extinguished convictions (see that Act, s 16 (c) (i) and s 19H (1) (c) (i)).

6 Information required on licence—Act, s 23 (2) (1) In addition to the information required by the Act, section 23 (2), the following information must be included on a licence: (a) any endorsement relating to the licence; (b) the period for which the licence is issued in relation to each construction occupation and class of construction occupation; (c) if the licensee is a partnership— (i) the name of each partner; and (ii) if a partner is a corporation—the partner’s ACN (if any); (d) if the licensee is a corporation—its ACN (if any);

(e) whether the licence is subject to conditions and, if it is, which construction occupation or class of construction occupation the conditions apply to. (2) A licence condition may, but need not, be included on the licence.

7 Term of licences generally—Act, s 24 (1) The maximum period for which a licence in the following construction occupations may be issued or renewed is 3 years: (a) builder; (b) electrician; (c) plumber; (d) drainer; (e) gasfitter; (f) gas appliance worker. (2) However, an applicant for the issue or renewal of the licence may apply for a 1-year licence and, if the applicant does apply, the maximum period for which the licence may be issued or renewed is 1 year.

8 Term of licence for building assessors, building surveyors, plumbing plan certifiers and works assessors—Act, s 24 (1) This section applies to a licence in the construction occupation of the following: (a) building assessor; (b) building surveyor; (c) plumbing plan certifier; (d) works assessor.

(2) The maximum period for which a licence may be issued or renewed is 1 year. (3) However, if the applicant for the issue or renewal of the licence has insurance required under this regulation for a period of less than 1 year, the maximum period for which the licence may be issued or renewed is the period for which the applicant has insurance.

9 Particulars in register (1) The register must contain the following particulars in relation to a licensee: (a) the details included in the licensee’s licence; (b) the licensee’s— (i) business telephone number and email address; and (ii) fax number (if any); (c) if the licensee is— (i) a building assessor—the name of the insurer who provides the insurance mentioned in section 16B (Eligibility to be building assessor); or (ii) a building surveyor—the name of the insurer who provides the insurance mentioned in section 17 (Eligibility to be building surveyor); or (iii) a plumbing plan certifier—the name of the insurer who provides the insurance mentioned in section 18 (Eligibility to be plumbing plan certifier); or (iv) a works assessor—the name of the insurer who provides the insurance mentioned in section 18A (Eligibility to be works assessor); (d) if the licensee is an individual—the licensee’s mobile telephone number; (e) if the licensee is a corporation or partnership— (i) the name, business address, email address and mobile telephone number of each of the licensee’s nominees; and

Register Part 3 (ii) the landline telephone number and fax number (if any) of each of the licensee’s nominees; (f) if the licensee’s licence is suspended—details of the suspension; (g) if the licensee has ever had a licence suspended—details of the suspension, if available; (h) details of any suspension of the licence, whether or not the suspension has ended, if available; (i) details of any occupational discipline taken in relation to the licensee, if available; (j) whether any occupational discipline is being taken in relation to the licensee. (2) The registrar may enter in the register any other details the registrar considers appropriate, including information about former licensees.

10 Keeping register The registrar may— (a) correct a mistake, error or omission in the register; or (b) correct or omit an entry that has become inaccurate.

11 Not eligible because of suspension An entity is not eligible to be licensed in a construction occupation or class of construction occupation if— (a) the entity is licensed in another occupation or class of occupation; and (b) the licence is suspended; and (c) the registrar is satisfied that, because of the grounds for the suspension, it is not appropriate for the entity to be licensed in the occupation or class of occupation. Note A suspended licence may be renewed (see Act, s 25 (4)).

11A Not eligible because of criminal activity If a person’s licence is cancelled by a cancellation order made under the Act, part 5A, the person is not eligible to be licensed for a period of 5 years after the order was made unless the order is sooner revoked under the Act, section 68.

12 Individuals not eligible An individual is not eligible to be licensed if— (a) the application is for a licence that would allow the applicant to provide a construction service without supervision; and (b) the individual has been found guilty of an offence— (i) that involves fraud or dishonesty; and (ii) is punishable by imprisonment for at least 1 year.

13 Eligibility for licence—suitability and financial requirements—Act, s 18 and s 24A (1) The Minister may declare the qualifications and financial requirements necessary for an entity to be eligible to be licensed in a construction occupation or occupation class. Examples—qualifications 1 a formal academic qualification 2 a stated period or type of experience 3 that the applicant has not been refused a licence under the Act within a stated period (2) An entity is eligible to be licensed in a construction occupation or occupation class if— (a) the entity has a qualification declared by the Minister under subsection (1); and (b) the entity has the skills and knowledge reasonably necessary to occupation or occupation class; and (c) the entity satisfies the financial requirements declared by the Minister under subsection (1). (3) Also, an entity is eligible to be licensed in a construction occupation or occupation class if— (a) the entity does not have a qualification declared by the Minister under subsection (1); but (b) the entity has the skills and knowledge reasonably necessary to occupation or occupation class; and (c) the entity satisfies the financial requirements declared by the Minister under subsection (1). (4) A declaration is a disallowable instrument.

14 Skill assessment of individuals (1) This section applies if— (a) the registrar is not satisfied that an applicant has a qualification required to be eligible for the licence or endorsement applied for; or (b) the registrar— (i) is satisfied that an applicant has a qualification required to be eligible for the licence or endorsement applied for; and (ii) is not satisfied on reasonable grounds that the applicant has a skill reasonably necessary to satisfactorily exercise the functions of a construction occupation or class of construction occupation under the licence or endorsement applied for; or (c) the registrar requires an applicant to undertake an assessment under section 18B. (2) The registrar may require the applicant to undertake an assessment to find out whether the applicant has the skills and knowledge reasonably necessary to satisfactorily exercise the functions of a construction occupation or class of construction occupation under the licence or endorsement applied for. (3) An assessment may consist of 1 or more of the following: (a) an assessment by a person who the registrar is satisfied is competent to make the assessment; (b) an examination, which may have practical, written and oral aspects, by a registered training organisation that the registrar is satisfied is competent to set and assess the examination; (c) an examination of a record of the applicant’s experience provided by the applicant;

(d) the undertaking of a test, or a series of tests, approved by the registrar. (4) The applicant must pay to the Territory the reasonable costs incurred by the Territory in arranging or carrying out an assessment. (5) An applicant is not eligible to be licensed, or to have a licence endorsed, if the applicant has not complied with subsection (4). (6) In this section: registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

14A Notice of skill assessment (1) This section applies if the registrar requires an applicant for a licence or renewal of a licence to undertake an assessment under section 14. (2) The registrar must give a notice (an assessment notice) to the applicant about the assessment. (3) An assessment notice must be given to the applicant— (a) in the case of a licence renewal—within a reasonable time, but not less than 28 days, before the licence term ends; or (b) in any other case—within a reasonable time before the assessment is required to be completed. (4) An assessment notice must include— (a) the reason the assessment is required; and (b) a statement that the assessment will be used by the registrar to determine whether the applicant has the skills and knowledge reasonably necessary to satisfactorily exercise the functions of a construction occupation or occupation class under the licence applied for; and (c) information about the assessment, including how and where the assessment will be conducted; and

(d) the latest date by which the applicant must complete the (e) if the applicant is to be given the written results of the assessment by the person conducting the assessment (if the person is not the registrar)—the latest date by which the applicant must give the results to the registrar; and (f) a statement that the applicant may make written representations to the registrar about 1 or more of the following not later than 5 business days after the day the notice is given to the applicant: (i) the latest date by which the applicant must complete the assessment stated in the notice; (ii) the latest date by which the applicant must give the results to the registrar if the applicant is to be given the written results of the assessment by the person conducting the assessment (if the person is not the registrar). (5) In this section: applicant, in relation to a licence renewal, means the licensee even if the licensee has not yet applied for renewal of the licence under the Act, section 25.

15 Corporations and partnerships eligible for some occupations (1) A corporation or partnership is eligible to be licensed only in the following construction occupations or occupation classes: (a) builder; (b) building surveyor; (c) drainer; (d) electrician, electrical contractor class; (e) gasfitter;

(f) plumber; (g) plumbing plan certifier; (h) works assessor. (2) Also, a corporation or partnership is eligible to be licensed in a construction occupation or occupation class only if the corporation or partnership has a nominee who is licensed in the occupation or class. (3) However, a partnership is not eligible to be licensed in a construction occupation or occupation class if a partner has been found guilty, whether in the ACT or anywhere else, of an offence involving fraud, dishonesty or violence punishable by imprisonment for at least 1 year.

16 Eligibility to be owner-builder (1) An individual is eligible to be an owner-builder only if— (a) the individual owns the land where the building work allowed under the owner-builders licence is proposed to be undertaken; and (b) the building work has building approval under the Building Act 2004; and (c) the individual has not been issued with an owner-builders licence in relation to other land (a previous licence) in the 5 years before applying for the owner-builders licence (the current licence). (2) Despite section (1) (c), an individual issued with a previous licence in the 5 years before applying for the current licence is eligible to be an owner-builder if the individual no longer holds the previous licence and— (a) if— (i) the work allowed under the previous licence related to affected residential premises or a class 10 building associated with those premises; and

(ii) the affected residential premises were acquired by the Territory from the individual under the buyback scheme for residential premises and were included in the affected residential premises register; or (b) if— (i) the work allowed under the previous licence related to a building that is or was an eligible impacted property or a class 10 building associated with that property; and (ii) the eligible impacted property was acquired by the Territory from the individual under the eligible impacted property buyback program. affected residential premises—see the Civil Law (Sale of Residential Property) Act 2003, section 9A (3). affected residential premises register—see the Dangerous Substances Act 2004, section 47P (1). buyback scheme, for affected residential premises—see the Dangerous Substances Act 2004, section 47I. class, of building—see the Building Act 2004, dictionary. Note A class 10 building or structure is a non-habitable building or structure (see building code). eligible impacted property—see the Civil Law (Sale of Residential Property) Act 2003, section 9A (1). eligible impacted property buyback program—see the Civil Law (Sale of Residential Property) Act 2003, section 9A (1).

16B Eligibility to be building assessor (1) An applicant for a licence as a building assessor is eligible for the licence only if the applicant satisfies the registrar that— (a) the applicant is adequately insured; and (b) if the class of licence applied for must be endorsed to authorise the licensee to operate stated software—the applicant can competently operate the software. Note The registrar may determine software that a class of building assessor’s licence must be endorsed to authorise the licensee to operate (see s 31A). (2) An applicant is adequately insured if the applicant has professional building assessor; and (b) a minimum limit of indemnity of $1 000 000 for a single claim.

17 Eligibility to be building surveyor (1) An applicant for a licence as a building surveyor is eligible for the licence only if the applicant satisfies the registrar that— (a) the applicant has successfully undertaken asbestos management training that has been approved by the registrar under subsection (2); and (b) the applicant is adequately insured. (2) The registrar may approve asbestos management training for subsection (1) (a) if the registrar considers that successful undertaking of the training will give an applicant for a licence as a building surveyor adequate knowledge of the requirements to deal appropriately with asbestos. (3) Subsection (1) (b) does not apply to an application for a licence as principal government building surveyor or government building surveyor.

(4) An applicant is adequately insured if the applicant has professional building surveyor; and (b) a minimum limit of indemnity of $1 000 000 for a single claim; and (c) a minimum limit of indemnity of $1 000 000 for the total of all claims made against the applicant during the period of cover; and (d) in addition to the indemnities mentioned in paragraphs (b) and (c), a minimum limit of indemnity for the costs and expenses of defending or settling a claim of 20% of the limit of indemnity for the claim. (5) For subsection (4), an applicant is taken to have professional indemnity insurance if the applicant is an applicant for a principal building surveyor employee licence, or general building surveyor employee licence, and the applicant’s employer has the insurance. (6) In subsection (4) (d): costs and expenses means costs and expenses incurred with the insurer’s consent. (7) An approval under subsection (2) is a notifiable instrument.

18 Eligibility to be plumbing plan certifier (1) An applicant for a licence as a plumbing plan certifier is eligible for the licence only if the applicant satisfies the registrar that the applicant is adequately insured.

(2) An applicant is adequately insured to be a plumbing plan certifier if the applicant has professional indemnity insurance that provides— plumbing plan certifier; and (b) a minimum limit of liability of $1 000 000 for each period of insurance.

18A Eligibility to be works assessor (1) An applicant for a licence to be a works assessor is eligible for the licence only if the applicant satisfies the registrar that the applicant is adequately insured. (2) An applicant is adequately insured if the applicant has professional works assessor; and (b) a minimum limit of indemnity of $1 000 000 for a single claim; and (c) a minimum limit of indemnity of $1 000 000 for the total of all claims made against the applicant during the period of cover; and (d) in addition to the indemnities mentioned in paragraphs (b) and (c), a minimum limit of indemnity for the costs and expenses of defending or settling a claim of 20% of the limit of indemnity for the claim. (3) In subsection (2) (d): costs and expenses means costs and expenses incurred with the insurer’s consent.

18B Requirement to undertake assessment (1) The registrar may require a licensee to undertake an assessment to determine the licensee’s eligibility for renewal of the licence if any of the following apply: (a) during the term of the licensee’s current licence, the registrar has made, or given notice of intention to make, a rectification order in relation to— (i) the licensee; or (ii) if the licensee is or was the nominee of a licensed corporation or partnership—the corporation or partnership; (b) in the 12 months prior to the expiry of the licence, the registrar formed a belief on reasonable grounds that a ground for occupational discipline exists in relation to— (i) the licensee; or (ii) if the licensee is or was the nominee of a licensed corporation or partnership—the corporation or partnership; (c) in the 12 months prior to the expiry of the licence, the registrar formed a belief on reasonable grounds that the licensee may not have the skills or knowledge reasonably necessary to occupation or occupation class under the licence; (d) in the period starting 3 years before the expiry of the licence and ending 3 months before the expiry of the licence— (i) if the licensee is licensed— (A) in a builder occupation class—the licensee has not been issued a commencement notice for building work in a builder occupation class; or

Licence renewal Division 4.1A (B) in any other occupation class—the licensee has not provided any construction service under the licence; or (ii) if the licensee is a nominee for a licensed corporation or partnership—the licensee has not undertaken work as the nominee for the corporation or partnership; (e) the registrar otherwise requires the licensee to undertake the assessment to determine the licensee’s eligibility to hold the licence. (2) However, a licensee is not required to undertake an assessment under this section if, in the 2 years prior to the expiry of the licence— (a) the licensee has undertaken— (i) an assessment as required by the registrar under the Act, section 55A; or (ii) a course of training under the Act that includes an (b) the assessment under the Act, section 55A is the same or substantially the same as the assessment of eligibility under subsection (1). (3) Also, the registrar must not require a licensee to undertake an assessment under subsection (1) (e) if— (a) subsection (1) (a) to (d) do not apply; and (b) the licensee was required by the registrar to undertake an assessment under section 14 (Skill assessment of individuals) or this section before the registrar issued the current licence to the licensee; and (c) it is not a condition of the licensee’s current licence that the licensee undertake an assessment before applying for renewal of the licence.

(4) In this section: commencement notice means a building commencement notice issued under the Building Act 2004, section 37.

19 Eligibility requirements for nominees—Act, s 28A (1) (a) An individual must meet all of the following eligibility requirements: (a) for a corporation—the individual is a director or employee of the corporation; (b) for a partnership—the individual— (i) is a partner; or (ii) is the nominee of a corporation that is a partner in the partnership; (c) the individual is licensed in a construction occupation that the corporation or partnership is licensed in or applying to be licensed in; (d) the individual is otherwise able to exercise the functions of a nominee on a daily basis; Examples

1 The individual is not able to exercise the functions of a nominee on a daily basis if the licensee is the nominee for another corporation that has no other nominees and is doing a lot of construction work. 2 The individual is reasonably able exercise the functions of a nominee if the nominee is available to attend locations where the construction services the nominee will be responsible for supervising are being carried out.

Nominees Division 4.2 (e) for a construction occupation divided into classes—either— (i) the individual is licensed in the same class as, or a class that allows the exercising of the same functions as, the class the corporation or partnership is licensed in or applying to be licensed in; or (ii) the corporation or partnership has a nominee mentioned in subparagraph (i); (f) the individual’s licence is not subject to 1 or more of the following conditions (however described): (i) that the individual must not be a nominee for a stated period, and the period in question is within the stated period; (ii) that the individual must not supervise trainees or licensees; (iii) that the individual must be supervised by someone else. Note For functions of nominees, see the Act, s 31.

Part 5 Licence conditions and endorsements

20 Prescribed licence conditions—Act, s 21 (1) The conditions a licence is subject to include the applicable requirements in this division. Note The registrar may also impose conditions on a licence (see Act, s 21 (2)).

21 Change of register information (1) The licensee must tell the registrar in writing of any change in a detail relating to the licensee that is recorded in the register. (2) The notice must be given within 2 weeks after— (a) the day of the change to which it relates happened; or (b) the day the licensee became aware of the change.

21A Comply with code of practice (1) This section applies to a licensee if a code of practice applies to the licensee’s construction occupation or class of construction occupation, or to a construction service undertaken by the licensee. (2) The licensee must comply with the code of practice, including by using any form of report, certificate or other document (if any) required by the code of practice. code of practice means a code of practice under this Act or an operational Act.

Licence conditions on licences Division 5.1

22 Corporate licences (1) This section applies if the licensee is a corporation. (2) The licensee must tell the registrar in writing if a person becomes or stops being a director or a nominee (other than the sole nominee of the corporation for a construction service, construction occupation or occupation class). (3) The notice must be given to the registrar within 1 business day after the day the person becomes or stops being a director or nominee.

23 Partnership licences (1) This section applies if the licensee is a partnership. (2) The partnership must tell the registrar in writing if a person becomes or stops being a partner or a nominee (other than the sole nominee of the partnership for a construction service, construction occupation or occupation class). (3) The notice must be given to the registrar within 1 business day after the day the person becomes or stops being a partner or nominee.

24 Individual licences (1) This section applies if the licensee is an individual. (2) The individual may provide construction services only as a nominee or employee of a licensed entity if— (a) the individual becomes bankrupt or personally insolvent; and (b) the individual is a nominee or employee of a licensed entity.

25 Operative drainers A licensee in the operative drainer class of the construction occupation drainer may only provide a construction service in that

26 Journeyperson gasfitters A licensee in the journeyperson gasfitter class in the construction occupation gasfitter may only provide a construction service in that

26A Medical gas technicians must not commission or test etc own medical gasfitting work (1) This section applies if a licensee undertakes medical gasfitting work for a medical gas system (the initial work). (2) The individual who undertook the initial work under the licence must not undertake medical gas technician work in relation to the initial work.

27 Journeyperson plumbers A licensee in the journeyperson plumber class in the construction occupation of plumber may only provide a construction service in that

28 Certain building surveyors (1) This section applies to licensees in the following classes in the construction occupation of building surveyor: (a) principal building surveyor employee; (b) general building surveyor employee. (2) The licensee may only provide a construction service in that occupation class as an employee of a licensee who— (a) is licensed as— (i) a principal building surveyor; or (ii) a general building surveyor; and (b) holds insurance of a kind mentioned in section 17 in relation to the employee.

Endorsements on licences Division 5.2

30 Endorsing builders licences for building work—Act, s 22 (1) The registrar may, on application, endorse a builders licence to authorise the licensee to do any building work, including specialist building work, if satisfied that the licensee can competently do the work.

31 Endorsing plumbers licences for backflow prevention device test work—Act, s 22 (1) The registrar may, on application, endorse a plumbers licence to authorise the licensee to do backflow prevention device test work if satisfied that the licensee can competently do the work. (2) In this section: backflow prevention device test work means— (a) work in accordance with Australian Standard 2845.3, Water Supply—Backflow prevention devices—Field testing and maintenance, to test, or supervise the testing of, a backflow prevention device that forms part of a water service, hot-water system, irrigation system or fire sprinkler system; or (b) the production of a report about a test under paragraph (a).

31A Endorsing building assessors licences for use of software—Act, s 22 (1) The registrar may, on application, endorse a building assessor’s licence to authorise the licensee to operate stated software if satisfied that the licensee can competently operate the software. (2) The registrar may determine— (a) that a class of building assessor’s licence must be endorsed to authorise a licensee to operate software; and (b) the software that the class of licence must be endorsed to authorise a licensee to operate. (3) A determination is a notifiable instrument.

31B Endorsing licences for gas appliance work—Act, s 22 (1) This section applies to— (a) an advanced gasfitters licence; and (b) a general gasfitters licence. (2) The registrar may, on application, endorse the licence to authorise the licensee to do type B gas flue work, if satisfied that the licensee is competent to do the work. Note In deciding whether to endorse a licence under this section, the registrar type B gas flue work means work on the flue of a type B gas appliance, including the connection of the flue to, and disconnection of the flue from, the appliance.

Endorsements on licences Division 5.2

31C Endorsing electricians licences for work on interval meters—Act, s 22 (1) The registrar may, on application, endorse an electrical contractor licence or an unrestricted electrician licence to authorise the licensee to do, or to supervise, interval metering work if satisfied that the licensee is competent to do, or to supervise, the work. Note 1 A metering provider operating in the National Energy Market must be registered with the Australian Energy Market Operator to provide, install, and maintain a metering installation (see National Electricity Rules, ch 7 (Metering)). Note 2 In deciding whether to endorse a licence under this section, the registrar (3) For this regulation, interval metering work means the following: (a) electrical wiring work on an interval meter; (b) removing a type 5, type 6, or type 7 meter to replace it with an interval meter. (4) In this section: interval meter means a type 1, type 2, type 3, or type 4 metering installation that meets the requirements described in the National Electricity Rules, chapter 7, schedule 7.2 (Types and Accuracy of Metering Installations) for the type of meter. metering installation—see the National Electricity Rules, chapter 10 (Glossary). national electricity rules means the National Electricity Rules made under the National Electricity (ACT) Law.

type 5, type 6, or type 7 meter means a type 5, type 6, or type 7 metering installation that meets the requirements described in the National Electricity Rules, chapter 7, schedule 7.2 (Types and Accuracy of Metering Installations) for the type of meter.

31D Endorsing electricians licences for work on distributed energy resources—Act, s 22 (1) The registrar may, on application, endorse an electrical contractor licence or an unrestricted electrician licence to authorise the licensee to do, or to supervise, distributed energy resource work if satisfied that the licensee is competent to do, or to supervise, the work. Note In deciding whether to endorse a licence under this section, the registrar (3) The Minister may declare a thing to be a distributed energy resource. (4) A declaration is a disallowable instrument. (5) For this regulation, distributed energy resource work means electrical wiring work on a distributed energy resource declared under subsection (3).

32 Considerations for endorsing licences (1) In deciding whether to endorse an individual’s licence under this division, the registrar must consider the following: (a) the individual’s physical ability or skill; (b) the individual’s qualifications, training and knowledge; (c) the extent, quality and relevance of the individual’s experience, and how recent that experience is, in doing similar work to, or work that is equally complex as, the work to be allowed by the proposed endorsement;

(d) whether any occupational discipline has ever been taken in relation to the individual; (e) whether the individual has incurred any demerit points that have not been deleted from the register. (2) In deciding whether to endorse the licence of a corporation or partnership, the registrar must consider the following: (a) whether any occupational discipline has ever been taken in relation to the entity; (b) whether the entity has incurred any demerit points that have not been deleted from the register. (3) However, the registrar may endorse the licence of the corporation or partnership only if nominees of the entity have licences that are endorsed in the way applied for. (4) The registrar may consider anything else that is relevant.

Division 5.3 Returning and replacing licences and unlicensed services

32A Return of licence (1) This section applies if the registrar decides to— (a) amend a condition on a licence; or (b) endorse a licence. (2) The registrar may require a licensee to return the licence to the registrar in relation to the amendment or endorsement. Note The registrar may, but need not, include a condition on a licence (see s 6 (2)).

Division 5.3 Returning and replacing licences and unlicensed services (3) If the registrar requires the licensee to return the licence— (a) the licensee must return the licence; and (b) the registrar must return the licence to the licensee as soon as the licence is amended (whether by including the condition on the licence or otherwise) or endorsed, unless the licence is suspended or cancelled. (4) A licensee commits an offence if the licensee fails to return a licence under subsection (3) (a). Maximum penalty: 5 penalty units. (5) An offence against subsection (4) is a strict liability offence.

33 Replacement licences The registrar may, on application, issue a replacement licence to a licensee if satisfied that the licence previously issued has been lost, stolen, damaged or destroyed.

35 Services that may be provided without licence (1) The following construction services may be provided by an individual without a licence if done under the supervision of a licensed individual, or the nominee of a licensed corporation or partnership, authorised by the licence to provide the service: (a) building services; (b) if the individual providing the service is a trainee— (i) electrical wiring services; or (ii) gasfitting services; or (iii) plumbing services; or (iv) sanitary drainage services.

(2) Also, subsection (1) (b) applies only if— (a) there is a training arrangement (however described) between the trainee’s relevant person and the trainee; and Example—training arrangement an approved training contract under the Training and Tertiary Education Act 2003 (b) the construction service provided by the trainee is covered by the training arrangement; and (c) the trainee’s relevant person gives the registrar the following information: (i) if the relevant person is the trainee’s employer who is an individual— (A) the employer’s name, business address and email address; and (B) the employer’s landline telephone number or mobile telephone number; and (C) the employer’s fax number (if any); (ii) if the relevant person is the trainee’s employer who is not an individual— (A) the name of the employer and the trainee’s manager; and (B) the business address and email address of the employer and manager; and (C) the landline telephone number or mobile telephone number of the employer and manager; and (D) the fax number (if any) of the employer and manager;

Division 5.3 Returning and replacing licences and unlicensed services (iii) if the relevant person is the provider of the VET course that the trainee is undertaking— (A) the provider’s name, business address and email address; and (B) the name of the person nominated by the provider for the trainee (the nominated person); and (C) the nominated person’s email address; and (D) the nominated person’s landline telephone number or mobile telephone number; (iv) the trainee’s name and date of birth; (v) the name of the VET course that the trainee is undertaking and its unique identifying number (however described); (vi) when the training arrangement begins and ends. building service—see the Act, section 8 (2). electrical wiring service—see the Act, section 11 (2). gasfitting service—see the Act, section 12 (2). plumbing service—see the Act, section 13 (2). relevant person, of a trainee, means— (a) the trainee’s employer; or (b) if the trainee does not have an employer—the provider of the VET course that the trainee is undertaking. sanitary draining service—see the Act, section 10 (2).

trainee, for a service, means an individual who— (a) provides the service to gain experience in providing the service and training from the person supervising the provision of the service; and (b) is undertaking a VET course that provides instruction in relation to providing the service. VET course—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

36 Classes of licence generally A licence for a class authorises the licensee to provide each service in schedule 1, column 3 for the class in the circumstances (if any) stated in the column for the item.

37 Classes of builder The construction occupation of builder is divided into the classes in schedule 1, part 1.3, column 2.

37B Classes of building assessor The construction occupation of building assessor is divided into the classes in schedule 1, part 1.3A, column 2.

38 Classes of building surveyor The construction occupation of building surveyor is divided into the classes in schedule 1, part 1.4, column 2.

39 Classes of drainer The construction occupation of drainer is divided into the classes in schedule 1, part 1.5, column 2.

40 Classes of electrician The construction occupation of electrician is divided into the classes in schedule 1, part 1.6, column 2.

41 Classes of gasfitters The construction occupation of gasfitter is divided into the classes in schedule 1, part 1.7, column 2.

Construction occupation classes Part 6

41A Classes of gas appliance worker The construction occupation of gas appliance worker is divided into the classes in schedule 1, part 1.7A, column 2.

42 Classes of plumber The construction occupation of plumber is divided into the classes in schedule 1, part 1.8, column 2.

Part 6A Notification and review of decisions Part 6A Notification and review of decisions 42A Reviewable decisions—Act, s 123A, def reviewable A decision mentioned in schedule 4, column 3, under a provision mentioned in column 2 in relation to the decision is prescribed.

42B Right of review and notice—Act, s 123B and s 123C (a) An entity mentioned in schedule 4, column 4 is prescribed.

Miscellaneous Part 7

43 Short descriptions and demerit points (1) The short description for a demerit ground for occupational discipline that is a contravention of the Act or an operational Act mentioned in schedule 2, column 2 is the description mentioned in the item, column 3. (2) The short description for a demerit ground for occupational discipline under the Act, section 55 (1) (other than paragraph (a)) that is mentioned in schedule 3, column 2 is the description mentioned in the item, column 3. (3) The number of demerit points mentioned in schedule 2, column 4 or schedule 3, column 4 is prescribed for the demerit ground for occupational discipline mentioned in the item, column 2. (4) For a demerit ground for occupational discipline that is not mentioned in subsection (3), the demerit points for the ground is one.

44 Information in report to Minister—Act, s 112 (1) The registrar’s report to the Minister about complaints for a financial year must include the following information: (a) the total number of complaints made in the year; (b) the number of complaints made about former licensees; (c) the number of complaints made about current licensees; (d) a description of the kinds of complaints made about licensees and former licensees in each construction occupation. (2) The registrar’s report to the Minister about occupational discipline for a financial year must include the following information: (a) the name of each licensee or former licensee against whom occupational discipline was taken during the financial year;

(b) for each licensee or former licensee mentioned in paragraph (a)— (i) the contravention; and (ii) the construction occupation or class of construction occupation in which the licensee or former licensee was licensed when the contravention happened; and (iii) the occupational discipline taken; and (iv) the result of any review of the decision to take occupational discipline. contravention, in relation to a licensee or former licensee, means what the licensee or former licensee did that caused occupational discipline to be taken.

45 Requirements for notices requesting skill assessment of licensees—Act, s 55A The notice must state— (a) the reasons for requiring the assessment; and (b) the consequences under the Act of failing to complete the (c) information about the assessment, including who must conduct the assessment; and (d) the latest date by which the licensee must complete the assessment that the registrar considers on reasonable grounds is reasonable; and (e) if the licensee is to be given the written results of the assessment by the person conducting the assessment—the latest date by which the licensee must give the results to the registrar; and

Miscellaneous Part 7 (f) that the licensee may make written representations to the registrar about 1 or more of the following not later than 5 business days after the day the notice is given to the licensee: (i) the registrar’s reasons for requiring the assessment; (ii) the proposed assessment; (iii) the latest date by which the licensee must complete the assessment stated in the notice; (iv) the latest date by which the licensee must give the results to the registrar if the licensee is to be given the written results of the assessment by the person conducting the assessment.

45A Applying, adopting or incorporating documents in statutory instruments (1) A statutory instrument made under this regulation may apply, adopt or incorporate (with or without change or modification)— (a) a law, an Australian Standard or an Australian/New Zealand Standard as in force from time to time; or (b) another instrument as in force from time to time. (2) The Legislation Act, section 47 (5) and (6) do not apply to a document applied, adopted or incorporated under subsection (1) or under the Legislation Act, section 47 (3). Note The document does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)). (3) The director-general must ensure that an instrument applied, adopted or incorporated under subsection (1) (b) is— (a) available for inspection by anyone without charge during ordinary business hours at an ACT government office; or (b) accessible on an ACT government website, or by a link on an ACT government website.

(4) An instrument applied, adopted or incorporated under subsection (1) (b) is not enforceable by or against the Territory or anyone else unless it is made available in accordance with subsection (3).

Transitional Part 8

46 Meaning of repealed Act for pt 8 In this part: repealed Act means the Construction Practitioners Registration Act 1998 (repealed).

47 Meaning of licence for s 9 (1) (h) In section 9 (1) (h): licence includes— (a) registration under the repealed Act; and (b) a licence, permit or registration under an operational Act as in force immediately before commencement day; and (c) a licence or certificate of competency under the Plumbers, Drainers and Gasfitters Board Act 1982 (repealed).

48 Meaning of licensee and occupational discipline— s 9 (1) (i) In section 9 (1) (i): licensee includes a person registered under the repealed Act. occupational discipline is taken to include action taken under the repealed Act, section 22 (6) (Procedure).

50 Meaning of owner-builders licence for s 16 In section 16: owner-builders licence includes an owner-builder’s licence granted under the Building Act 1972 before the commencement of the Act, section 6 (What is a construction practitioner?).

51 Meaning of licence for s 34 In section 34: licence includes— (a) registration under the repealed Act; and (b) a licence, permit or registration under an operational Act as in force immediately before commencement day; and (c) a licence or certificate of competency under the Plumbers, Drainers and Gasfitters Board Act 1982 (repealed).

Builder Part 1.3

Schedule 1 Classes of construction occupation licence and functions (see pt 6)

Part 1.3 Builder item 1 class A building work other than specialist building work 2 class B (a) building work (other than specialist building work) in relation to a building that is 3 storeys or lower; and (b) basic building work 3 class C (a) building work (other than specialist building work) in relation to a building that is 2 storeys or lower and is a class 1, class 2 or class 10a building; and (b) building work (other than specialist building work) in relation to a building that is a class 10b structure (other than a swimming pool or swimming pool fence) and is ancillary to a building mentioned in paragraph (a); and (c) basic building work 4 class D non-structural basic building work, other than specialist building work 5 owner-builder building work, other than specialist building work, in relation to a class 1, class 2 or class 10 building that is, or is to be, the licensee’s main home or ancillary to it Note For building work that involves asbestos removal, a builder must hold an asbestos removal licence (see Work Health and Safety Regulation 2011, div 8.10.1).

Part 1.3A Building assessor Part 1.3A Building assessor item 1 class A building assessor—energy efficiency (a) the following building assessment work, based on an on-site inspection: (i) preparing an energy efficiency certificate under the Building Act 2004; or (ii) preparing an energy efficiency rating statement. Note Energy efficiency certificate—see the Building Act 2004, s 139C. (b) doing anything allowed to be done under a class B licence 2 class B building assessor—energy efficiency the following building assessment work, based on the plans of a building: (a) preparing an energy efficiency certificate under the Building Act 2004; or (b) preparing an energy efficiency rating statement. Note Energy efficiency certificate—see the Building Act 2004, s 139C.

Building surveyor Part 1.4 Part 1.4 Building surveyor item 1 principal building building certification work or, for a corporation, supervision of building certification work 2 principal building surveyor employee building certification work as an employee of a principal building surveyor 3 general building building certification work or, for a corporation, supervision of building certification work, in relation to a building that is 3 storeys or lower and that has a floor area of 2 000m2 or less 4 general building surveyor employee building certification work in relation to a building that is 3 storeys or lower and that has a floor area of 2 000m2 or less, as an employee of a principal building surveyor or general building surveyor 5 principal government building surveyor building certification work 6 government building building certification work in relation to a building that is 3 storeys or lower and that has a floor area of 2 000m2 or less

Part 1.5 Drainer Part 1.5 Drainer item 1 advanced sanitary drainer sanitary drainage work without supervision 2 journeyperson drainer sanitary drainage work under supervision of licensee with advanced sanitary drainers licence 3 operative drainer sanitary drainage work under supervision of licensee with advanced sanitary drainers licence

Electrician Part 1.6 Part 1.6 Electrician item 1 electrical contractor 1 electrical wiring work, other than interval metering work or distributed energy resource work, without supervision 2 supervision of electrical wiring work, other than interval metering work or distributed energy resource work 2 unrestricted 1 electrical wiring work, other than interval metering work or distributed energy resource work, without supervision 2 supervision of electrical wiring work, other than interval metering work or distributed energy resource work 3 electrotechnology systems permit 1 electrical wiring work under supervision 2 incidental electrical work 4 restricted— systems assembly and servicing electrical fitting electrotechnology assembly and servicing incidental to electrical wiring work in relation to electrical fitting 5 restricted— systems mechanical fitting electrotechnology systems incidental to electrical wiring work in relation to mechanical fitting 6 restricted– systems plumbing and gas fitting electrotechnology systems incidental to electrical wiring work in relation to plumbing and gasfitting 7 restricted– systems refrigeration and air conditioning incidental electrical wiring work in relation to refrigeration and air conditioning disconnection and reconnection work

Part 1.6 Electrician item 8 restricted— systems type B gas appliances incidental electrical wiring work in relation to disconnection and reconnection of type B gas appliances 9 electrotechnology systems restricted incidental electrical work under the supervision of a licensee with a licence in 1 or more of the following classes: (a) restricted—electrotechnology systems assembly and servicing electrical fitting (b) restricted—electrotechnology systems mechanical fitting (c) restricted—electrotechnology systems plumbing and gas fitting (d) restricted—electrotechnology systems refrigeration and air conditioning (e) restricted—electrotechnology systems type B gas appliances

Gasfitters Part 1.7 Part 1.7 Gasfitters item 1 advanced gasfitting work, other than LP gas (liquid phase) installation, medical gasfitting work or medical gas technician work, without supervision 2 general 1 gasfitting work, other than medical gasfitting work or medical gas technician work, for pressures below 21kPa without supervision 2 gasfitting work, other than medical gasfitting work or medical gas technician work, for pressures above 21kPa under the supervision of a licensee with an advanced gasfitters licence 3 journeyperson gasfitter gasfitting work, other than medical gasfitting work or medical gas technician work, under the general supervision of a licensee with an advanced gasfitters licence or unrestricted licence 4 LPG gasfitter (vapour phase) LP gas (vapour phase) installation without supervision 5 LPG gasfitter (liquid phase) LP gas (liquid phase) installation without supervision 6 restricted automotive—LPG LP gas fuel installation on motor vehicles 7 restricted automotive—NGV NGV fuel installation on motor vehicles 8 restricted automotive—LPG forklifts gasfitting for LPG forklifts 9 restricted automotive—NGV forklifts gasfitting for NGV forklifts 10 medical gasfitter medical gasfitting work

Part 1.7 Gasfitters item 11 medical gasfitter medical gasfitting work under the supervision of a licensee with a medical gasfitters licence 12 medical gas technician medical gas technician work 13 medical gas technician medical gas technician work under the supervision of a licensee with a medical gas technician licence

Gas appliance worker Part 1.7A Part 1.7A Gas appliance worker item 1 unrestricted type A type A gas appliance work without supervision 2 restricted type A type A gas appliance work under the supervision of a licensee with an unrestricted type A licence 3 unrestricted type B type B gas appliance work without supervision 4 restricted type B–level 2 (a) without supervision—type B gas appliance work on— (i) an atmospheric type gas appliance that consumes less than 2000MJ/h; or (ii) a forced draft burner system that consumes less than 500MJ/h; and (b) under the supervision of a licensee with an unrestricted type B licence—any other type B gas appliance work 5 restricted type B–level 1 type B gas appliance work under the supervision of a licensee with— (a) an unrestricted type B licence; or (b) a restricted type B–level 2 licence that authorises the licensee to perform the work to be completed unsupervised

Part 1.8 Plumbers Part 1.8 Plumbers item 1 sanitary plumber sanitary plumbing work without supervision 2 water supply plumber water supply plumbing work including fire sprinkler work for class 1 and 2 buildings in relation to pipework of 25mm diameter or less, but not including backflow prevention device test work within the meaning of section 31 3 irrigation plumber installation of irrigation networks and related equipment 4 journeyperson plumber sanitary plumbing work under supervision of licensee with sanitary plumbers licence 5 fire sprinkler fitter fire sprinkler work and work on a fire hydrant or fire hose connection point 6 journeyperson fire sprinkler fitter fire sprinkler work, and work on a fire hydrant or fire hose connection point, under supervision of licensee with fire sprinkler fitter licence

Works assessors Part 1.9 Part 1.9 Works assessors item 1 Class A works assessor—planning and development undertaking an exemption assessment under the Planning Act 2023 2 Class B works assessor—planning and development undertaking an exemption assessment under the Planning Act 2023, in relation to the following: (a) site work under the Building Act 2004 for a class 1 building or class 10 building or other structure; (b) development in relation to a class 1 building or class 10 building or other structure, mentioned in the Planning (Exempt Development) Regulation 2023, schedule 1, other than the following: (i) division 1.4.7; (ii) section 1.134; (iii) section 1.136; (iv) section 1.139; (v) section 1.141 to section 1.145 3 works assessor—unit titles providing, including doing anything incidental to providing, a unit tiles assessment report under the Unit Titles Act 2001

(see s 43)

Part 2.1 Builders licence demerit grounds for occupational item 2.1.1 fail to comply with building code, vol 1, cl B1P1 or vol 2, cl H1P1 in damage not minimised as demonstrated by deformation in single element of brickwork, blockwork, or stonework, laid in mortar causing crack or split in joint if— (a) crack or split wider than 3mm; or (b) face of element on either side of crack or split out of alignment with opposite face across crack or joint by more than 3mm creation of defective single masonry element—cracked or split more than 3mm

item 2.1.2 fail to comply with building code, vol 1, cl B1P1 or vol 2, cl H1P1 in damage not minimised as demonstrated by deformation in single element concrete floor or structural concrete element causing crack or split in joint if— (a) crack or split wider than 5mm; or (b) face of element on either side of crack or split out of alignment with opposite face across crack or joint by more than 5mm creation of defective single concrete element—cracked or split more than 5mm 2.1.3 fail to comply with building code, vol 1, cl B1P1 or vol 2, cl H1P1 in damage not minimised as demonstrated by deformation in wall, wall render, wall lining, wall tiling, ceiling lining or cornice causing crack or split in joint creation of defective wall or wall render, lining or tiling, or ceiling lining or cornice— cracked or split

item 2.1.4 fail to comply with building code, vol 1, cl B1P1 or vol 2, cl H1P1 in damage not minimised as demonstrated by possibility of instability or collapse of primary building element susceptible to termite attack because not provided with code-compliant termite risk management system failure to protect primary building element with compliant termite management system 2.1.5 fail to comply with building code, vol 1, cl F1P2, F1P4, F2P1 or F3P1 or vol 2, cl H2P1 (2), H2P2 or H2P3—surface water, water or dampness could occur in building other than under code failure to protect a building from water or dampness 2.1.6 fail to comply with building code, vol 1, cl F1P1 or vol 2, cl H2P1 (1)—surface water collected or concentrated by building not disposed of in code-compliant way that avoids damage or nuisance to another property, or likelihood of damage or nuisance defective surface water collection or concentration disposal that damaged or caused nuisance or likelihood of either to other property

item 2.1.7 fail to comply with building code, vol 1, cl F1P3 or vol 2, cl H2P1 (3)—drainage system for disposal of surface water did not, in code-compliant way— (a) carry water to appropriate outfall; or (b) avoid entry of water to building; or (c) avoid water damaging building defective drainage system— failure to carry water to appropriate outfall, avoid entry of water to building or avoid water damaging building 2.1.8 fail to comply with building code, vol 1, cl E2P1 or vol 2, cl H3P2— building without code-compliant automatic warning on smoke detection creation of building without effective smoke alarm 2.1.9 fail to comply with building code, vol 1, cl F2P2 or vol 2, cl H4P1— water not stopped from penetrating behind fittings, linings or concealed spaces of sanitary facilities, bathrooms, laundries and other wet area facilities defective wet area waterproofing or water containment

item 2.1.10 fail to comply with building code, vol 1, cl F5P1 or vol 2, cl H4P2— height of room or other space more than 50mm less than code requires ceiling height more than 50mm too low 2.1.11 fail to comply with building code, vol 1, cl F7P1 to F7P4 or vol 2, cl H4P6—floor, wall or floor or wall penetration do not comply with code sound transmission and insulation requirements defective sound transmission or insulation arrangements 2.1.12 fail to comply with building code, vol 1, cl D1P2 (c) (v) or vol 2, cl H5P1 (b) (iii)—geometry of stairway risers or goings do not satisfy code safe passage requirements creation of unsafe step or stairway 2.1.13 fail to comply with building code, vol 1, cl D1P3 or vol 2, cl H5P2— barrier required under code to prevent people falling not provided defective or no safety barrier

item 2.1.14 fail to comply with building code, vol 1, cl G1P2 or vol 2, cl H7P1 or H7P2—swimming pool over 300mm deep without code compliant safety barrier or water recirculation system creation of swimming pool with defective or no safety barrier, or water recirculation system with defective or no safety measures to avoid entrapment or injury 2.1.15 fail to comply with building code, vol 1, cl C1P2 or vol 2, cl H3P1— building with element that does not comply with code to avoid spread of fire to exit, sole-occupancy unit or public area or between buildings or in building defective or no fire spread avoidance measures 2.1.16 fail to comply with Building Act 2004, s 37A (2)—carried out or supervised building work without displaying sign carrying out or supervising building work without displaying sign

item 2.1.17 fail to comply with Building Act 2004, s 37A (5)—carried out or supervised building work without replacing or repairing damaged sign within 2 days or prescribed period carrying out or supervising building work without replacing or repairing damaged sign within 2 days or prescribed period 2.1.18 fail to comply with Building Act 2004, s 42 (1) (c)—mortar joint in mortar-jointed masonry element not between 8mm and 12mm wide or bed joint not horizontal creation of defective masonry joint—mortar joint not between 8mm and 12mm wide or bed joint not horizontal 2.1.19 fail to comply with Building Act 2004, s 42 (1) (c)—beam, doorway, window, wall, column, post or truss erected out of plumb creation of out of plumb beam, doorway, window, wall, column, post or truss 2.1.20 fail to comply with Building Act 2004, s 42 (1) (c)—floor, ceiling, beam or sill erected out of horizontal creation of out of horizontal floor, ceiling, beam or sill 2.1.21 fail to comply with Building Act 2004, s 42 (1) (c)—floor, ceiling or beam erected so surface not flat creation of floor, ceiling or beam without flat surface

item 2.1.22 fail to comply with Building Act 2004, s 42 (1) (d)—building erected more than 100mm but less than 300mm away from position relative to boundaries indicated on approved plans building siting on approved plan by more than 100mm but less than 300mm 2.1.23 fail to comply with Building Act 2004, s 42 (1) (d)—building erected 300mm or more away from position relative to boundaries indicated on approved plans building siting on approved plan by 300mm or more 2.1.24 fail to comply with Building Act 2004, s 42 (1) (d)—part of floor erected more than 100mm higher or lower than level indicated on approved plans failure to comply with floor level on approved plan by more than 100mm 2.1.25 fail to comply with Building Act 2004, s 42 (1) (d)—top of building erected more than 300mm higher than height indicated on approved plans building height requirements of approved plan by more than 300mm

item 2.1.26 fail to comply with Building Act 2004, s 42 (1) (d)—location of structural element, wall, window or door, relative to building erected more than 100mm away from position on building indicated on approved plans or in position where plans indicate other element to be erected failure to comply with set out requirements of approved plan for structural element, wall, window or door by more than 100mm, or inclusion of unplanned structural element, wall, window or door 2.1.27 fail to comply with Building Act 2004, s 42 (1) (d)—lineal dimensions of window, door or doorway erected more than 100mm larger or smaller than lineal dimension of window, door or doorway indicated on approved plans dimensional requirements of approved plan for window, door or doorway by more than 100mm 2.1.28 fail to comply with Building Act 2004, s 42 (1) (d)—beam, doorway, window, wall, column, post or truss in approved plan not erected failure to include significant building element from

item 2.1.29 fail to comply with Building Act 2004, s 42 (1) (f)—carried out building work when not builder in commencement notice and not under supervision of builder in notice carrying out building work when not in commencement notice or supervised by notice builder 2.1.30 fail to comply with Building Act 2004, s 43 (2)—proceeded with building work above dampcourse level although certifier has not received required document or is not satisfied that position of building or level of all floors comply with approved plan and any condition failure to provide survey plan or document or comply with approved plan or condition before building above dampcourse 2.1.31 fail to comply with Building Act 2004, s 43 (3)—proceeded beyond stage of building work without giving written notice to certifier or without certifier’s written permission to proceed failure to give written notice to certifier about reaching inspection stage or obtain written permission before proceeding 2.1.32 fail to comply with Building Act 2004, s 64—did not comply with stop notice failure to comply with stop notice

item 2.1.33 fail to comply with Building Act 2004, s 64—did not comply with notice to produce survey plan failure to comply with notice to provide survey plan

Building surveyors licence demerit grounds for occupational discipline—Act, s 55 (1) (a) Part 2.2 Part 2.2 Building surveyors licence demerit grounds for item 2.2.1 fail to comply with Building Act 2004, s 24, s 28A (4) or s 37 (6)— certifier failed to give registrar required notice failure to notify registrar as required under Building Act 2004 2.2.2 fail to comply with Building Act 2004, s 28—certifier failed to issue building approval when should have, or issued building approval when no grounds to issue failure to issue required building approval, or issue of unauthorised building approval

Part 2.2 Building surveyors licence demerit grounds for occupational discipline—Act, s 55 (1) (a) item 2.2.3 fail to comply with Building Act 2004, s 28A (1) or (2)—certifier issued building approval that was not, or not entirely— (a) marked on, attached to, or partly marked on and partly attached to, plans in relation to which approval was issued; or (b) marked on plans and certifier did not indicate on plans that approval, or part of approval, in separate document failure to mark, attach or annotate building approval required detail on approved plan 2.2.4 fail to comply with Building Act 2004, s 30—certifier issued building approval that allowed building work that would contravene law because of external design or siting of building issuing improper building approval—building work would contravene law because of external design or siting 2.2.5 fail to comply with Building Act 2004, s 37 (5)—certifier failed to issue building commencement notice as required failure to issue building commencement notice as

Building surveyors licence demerit grounds for occupational discipline—Act, s 55 (1) (a) Part 2.2 item 2.2.6 fail to comply with Building Act 2004, s 44 (1)—received notice that licensee reached stage of building work but did not inspect the building work as soon as practicable failure to do required inspection as soon as practicable after receiving notification about it 2.2.7 fail to comply with Building Act 2004, s 44 (2) (a)—certifier satisfied that building work not compliant with Building Act 2004, s 42, but did not give licensee in charge of building work written notice in accordance with s 44 (2) (a) failure to give written notice in accordance with Building Act 2004, s 44 (2) (a) 2.2.8 fail to comply with Building Act 2004, s 44 (2) (b)—building work complied with Building Act 2004, s 42, but certifier did not certify compliant or give certificate of compliance to licensee in charge of work failure to give certificate of compliance after finding compliant work during required inspection 2.2.9 fail to comply with Building Act 2004, s 50—certifier failed to notify registrar of contravention of building approval or development approval in accordance with s 50 failure to notify registrar of known contravention of building approval or development approval

Part 2.2 Building surveyors licence demerit grounds for occupational discipline—Act, s 55 (1) (a) item 2.2.10 fail to comply with Unit Titles Act 2001, s 22B (3) (b)—fail to give copy of unit title assessment report to territory planning authority within 5 working days after giving report to applicant failure to give copy of report to authority within 5 working days after giving report to applicant

Part 2.3 Drainers licence demerit grounds for occupational item 2.3.1 fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C2P1—sanitary drainage system that does not ensure sewage is transferred from a sanitary plumbing system to an approved disposal system sewage conveyed from sanitary plumbing system to approved disposal system 2.3.2 fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C2P6—sanitary drainage system that does not avoid blockage or uncontrolled blockage or uncontrolled

item 2.3.3 fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C2P7—sanitary drainage system that does not avoid— (a) damage from root penetration, superimposed loads or ground movement; or (b) damage to existing buildings or siteworks; or (c) damage to the Network Utility Operator’s sewerage system another approved disposal system. damage 2.3.4 fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C2P3—sanitary drainage system that does not ensure access for maintenance or access for maintenance or

item 2.3.5 fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C2P4 (1)—sanitary drainage system designed, constructed or installed in way that failed to provide ventilation to avoid likelihood of foul air or gases accumulating in the sanitary drainage system or sewerage system system without adequate ventilation of foul air or gases 2.3.6 fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C2P5—sanitary drainage system that— (a) does not ensure protection against internal contamination; or (b) does not avoid the entry of water, foul air and gases from the system into a building; or (c) does not avoid the entry of surface water, subsurface water and stormwater into the system protection from internal contamination, or avoid entry of water or gases

item 2.3.7 fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl D1P1 or D1P2— sanitary drainage system that— (a) creates undue noise; or (b) does not reduce the transmission of airborne or impact generated sound; or (c) compromises the required sound insulation of a floor or wall by incorporation or penetration of the system. sanitary drainage system that creates undue noise, does not reduce transmission of sound or compromises required sound insulation 2.3.8 fail to comply with Water and Sewerage Act 2000, s 16—provided sanitary drainage service without giving required notice of intention to start or completion of sanitary drainage work 2.3.9 fail to comply with Water and Sewerage Regulation 2001, s 7 (1)— did work on sanitary drainage system other than in accordance with work other than in accordance with approved plan

item 2.3.10 fail to comply with Water and Sewerage Regulation 2001, s 8— (a) did not tell registrar when sanitary drainage work ready for inspection; or (b) did not leave sanitary drainage work ready for inspection as failure to tell registrar sanitary drainage work ready for inspection or to leave work 2.3.11 fail to comply with Water and Sewerage Regulation 2001, s 9 (1)— did not test sanitary drain in accordance with AS/NZS 3500 before it was to be passed by an inspector or, if the sanitary drain was altered or repaired, before the alteration or repair was to be passed failure to test sanitary drain before inspection 2.3.12 fail to comply with Water and Sewerage Regulation 2001, s 9 (3)— did not rectify sanitary drainage work found to be defective sanitary drainage work found by test

item 2.3.13 fail to comply with Water and Sewerage Regulation 2001, s 10—did plan within required time for sanitary drainage work completed in accordance with the plumbing code completed sanitary drainage work

Electricians licence demerit grounds for occupational discipline—Act, s 55 (1) (a) Part 2.4 Part 2.4 Electricians licence demerit grounds for occupational item 2.4.1 fail to comply with Electricity Safety Act 1971, s 4 connection of electrical installation to network before installation inspected, tested and passed 2.4.2 fail to comply with Electricity Safety Act 1971, s 5 electrical wiring work not compliant with electrical wiring rules 2.4.3 fail to comply with Electricity Safety Act 1971, s 6 failure to test electrical wiring work or give required test report

Part 2.4 Electricians licence demerit grounds for occupational discipline—Act, s 55 (1) (a) item 2.4.4 fail to comply with Electricity Safety Act 1971, s 8 (7) failure to comply with direction to make installation or work safe and compliant 2.4.5 fail to comply with Electricity Safety Act 1971— (a) s 12 (1) (a) (ii) and (b); or (b) s 12 (2) (a) (ii) and (b); or (c) s 13 (a) (ii) and (b). installation or connection of unsafe prescribed article of electrical equipment to electrical installation

Part 2.5 Gasfitters licence demerit grounds for occupational item 2.5.1 fail to comply with Gas Safety Act 2000, s 8 requiring work to be done under AS 5601, cl 2.5.2—provided outlet not connected to gas appliance and not sealed with plug, cap or blank flange failure to appropriately seal surplus gas outlet 2.5.2 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cls 3.2.1 and 3.3.6—material used to join components of consumer piping system, or to connect to consumer piping system, with incompatible mating screw threads or noncompliant joint creation of noncompliant joint in, or connection to, consumer piping system

item 2.5.3 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cls 4.1.3, 4.3.1 (c) and 4.4—material of consumer piping system, or connecting to consumer piping system, not adequately protected from corrosion or isolated from incompatible material creation of part of consumer piping system, or connection to it, without compliant corrosion protection or isolation between incompatible material 2.5.4 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.1.12—pipework forming part of consumer piping system required to have compliant markings and did not have them failure to adequately identify gas pipework 2.5.5 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.2.4—pipework forming part of consumer piping system with diameter too small to achieve required available gas pressure creation of part of consumer piping system with noncompliant pipework size

item 2.5.6 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.3—inadequate spacing or strength of devices supporting or restraining, or intended to support or restrain, consumer piping system failure to adequately support or restrain gas pipework 2.5.7 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.6—part of piping system required to have adequate pressure protection device creation of consumer piping system with defective gas pressure protection 2.5.8 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.7—gas vent located in noncompliant position, or so could discharge gas in prohibited way, or no required gas vent provided creation of noncompliant gas vent discharge point or failure to provide required gas vent

item 2.5.9 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cls 4.8.2 and 4.8.3—gas hose assembly connection point located— (a) in bedroom, bathroom, sauna, toilet or hallway; or (b) in place where traffic across hose; or (c) if used for space heater—1m or less from doorway creation of gas hose assembly connection in noncompliant location 2.5.10 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.9.2—quick-connect type gas connection point installed outside in way that possible for rainwater and debris to enter it creation of quick-connect gas device outside with likelihood of entry of water or debris 2.5.11 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.11.3—part of consumer piping system located less than 25mm from metal electrical conduit, metal-armoured or metal-sheathed electrical wire or cable, or electrical earthing electrode creation of part of gas pipework less than 25mm from electrical installation

item 2.5.12 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 4.11.11—part of consumer piping system exposed to potential liquid discharge (eg from water heater relief valve or condensate drain) creation of part of gas pipework exposed to liquid 2.5.13 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cls 5.2.4, 5.3.1 and 5.4— (a) gas appliance’s ventilation inadequate to ensure appliance’s safe operation; or (b) possibility that operation of ventilation system, air distribution system or air blower could deprive gas appliance of air required for combustion or caused air pressure to be less than atmospheric pressure at appliance or otherwise adversely affected appliance’s operation; or failure to provide gas appliance with compliant air ventilation or adequate combustion air supply

item (c) gas appliance installed at location without adequate ventilation for complete combustion of gas, proper fluing or maintenance of ambient temperature of immediate surrounds at safe level, under normal operating conditions; or (d) air supply to gas appliance contaminated with gases produced by fuel combustion, or contained chemicals or flammable vapours that could have affected combustion; or (e) gas appliance in room or enclosure required to have 1 or more of following, but did not: (i) natural ventilation direct from outside the room or enclosure; (ii) natural ventilation from nearby room or enclosure; (iii) mechanical ventilation

item 2.5.14 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.2.5—gas appliance installed other than in accordance with manufacturer’s instructions installation not in accordance with manufacturer’s instructions 2.5.15 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.2.6—gas appliance installed but failure to install component or install in compliant way may have affected safe operation creation of potentially unsafe gas appliance installation

item 2.5.16 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cls 5.2.7, 5.3.4 and 5.12—gas appliance installed so that— (a) surface temperature of nearby combustible surface could exceed 65˚C above ambient temperature because of use of appliance; or (b) appliance is hazard to walls, nearby surfaces, curtains, furniture or opened door; or (c) clearance from appliance, including any flue, to anything else less than required installation too close to combustible surface or other hazardous thing

item 2.5.17 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cls 5.2.13, 5.2.15, 5.2.18, 5.2.19 and 5.12— gas appliance installed— (a) so that supported on, or secured to, structure that not durable, or otherwise inappropriate; or (b) so that supported or secured in way that does not minimise strain on any gas pipe connection; or (c) so that not secured or stabilised in way suitable for its conditions of use or in accordance with manufacturer’s instruction (eg upright stove not prevented from tilting when oven door open and lent on; or (d) but not restrained, or restrained in noncompliant way if required to be restrained against rolling on wheels, rollers or castors creation of gas appliance with noncompliant support, security, restraint or stability

item 2.5.18 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.3.11 (c) and (d)—gas appliance in roof space not provided with compliant access walkway— (a) of required dimensions from point of access into roof space to gas appliance and around appliance; and (b) with no duct intruding on it; and (c) capable of supporting person’s weight; and (d) permanently fixed to building failure to provide compliant walkway to roof space gas appliance 2.5.19 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.3.11 (f)—gas appliance in roof space without required artificial lighting or lighting switch located adjacent to, and within 600mm from closest edge of, access opening into roof space failure to provide required compliant artificial light to roof-space gas appliance

item 2.5.20 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.3.11 (c) and (g)—roof-space gas appliance located so that cannot be readily lit or serviced, or so that components cannot be removed creation of defective roof- space gas appliance installation—not readily lit or serviced, parts cannot be removed 2.5.21 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.3.11 (e)—roof-space gas appliance required to be installed in stated way on non-combustible platform or on combustible platform with compliant heat shielding was not installed that way creation of roof-space gas appliance with platform inadequately protected from combustion 2.5.22 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.6—thing connected to consumer piping system did not have required compliant device to allow thing to be isolated or disconnected from gas supply failure to provide required compliant way to disconnect or isolate gas supply

item 2.5.23 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.11—gas appliance installed without required automatic gas shut-off if operation of overhead automatic fire-extinguishing equipment might extinguish appliance’s flame installation without automatic gas shut-off on automatic fire extinguishing 2.5.24 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl 5.13—gas appliance with flue made of noncompliant material or configured, located or supported in noncompliant way installation with noncompliant flue 2.5.25 fail to comply with Gas Safety Act 2000, s 8, requiring work to be done under AS 5601, cl E3.2.1—consumer piping system gas pressure dropped or gas leaked more than allowed creation of consumer piping system or connection that leaked gas or dropped gas pressure 2.5.26 fail to comply with Gas Safety Act 2000, s 9—gasfitting work completed in accordance with Gas Safety Act 2000, s 8, but certificate of compliance for work not given in accordance with Gas Safety Act 2000 failure to give appropriate certificate of compliance for pipework

item 2.5.27 fail to comply with Gas Safety Act 2000, s 23 (2)—gas appliance that not approved connected to consumer piping system connection of unapproved appliance to consumer piping system

Part 2.6 Plumbers licence demerit grounds for occupational item 2.6.1 fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C1P4—sanitary plumbing system that does not avoid blockage or uncontrolled blockage or uncontrolled

item 2.6.2 fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C1P6— sanitary plumbing system that does not avoid— (a) entry of water, sewerage and sullage from the system into a building; or (b) entry of foul gases from the system into a building inconsistent with code; or (c) entry of surface water, subsurface water and storm water into the system entry of water, sewerage, sullage or foul gases into a building, or entry of outside water into the system 2.6.3 fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C1P2— sanitary plumbing system that does not ensure access for maintenance of mechanical components, operational controls or for clearing blockages access for maintenance of mechanical components, operational controls or

item 2.6.4 fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C1P7—sanitary plumbing system that does not avoid damage from superimposed loads, ground movement or root penetration damage from loads, ground movement or root penetration 2.6.5 fail to comply with Water and Sewerage Regulation 2001, s 18 (1), performance requirement under plumbing code cl B5P1—water service designed, constructed or installed in way that does not avoid contamination creation of water service that does not avoid contamination 2.6.6 fail to comply with Water and Sewerage Regulation 2001, s 18 (1), performance requirement under plumbing code cl B1P3—cold water service that— (a) does not ensure access for maintenance of mechanical components and operational controls; or (b) does not ensure the system, appliances and devices can be isolated for testing and maintenance creation of cold water service that does not ensure access for maintenance, or does not ensure the system, appliances and devices can be isolated for testing and maintenance

item 2.6.7 fail to comply with Water and Sewerage Regulation 2001, s 18 (1), performance requirement under plumbing code cl B1P6—cold water service that does not avoid failure or uncontrolled discharge creation of cold water service that does not avoid failure or uncontrolled discharge 2.6.8 fail to comply with Water and Sewerage Act 2000, s 11 or s 15 (1) and Water and Sewerage Regulation 2001, s 17— (a) installed or fitted sprinkler system or part of fire sprinkler service without giving required notice of start to registrar; or (b) provided a water supply plumbing service without giving required notice of start to registrar or without required approval of plan of intention to start sprinkler or fire sprinkler work or give required notice of intention to start, or to get approval for plan for, water supply plumbing service 2.6.9 fail to comply with Water and Sewerage Act 2000, s 15 (2) or (3)— (a) contravened direction of registrar about how water supply plumbing service is to be provided; or (b) installed a thing to which the plumbing code, part A5 applies and the thing was not certified under the part failure to provide service as directed by registrar or installed thing not certified under plumbing code, part A5

item 2.6.10 fail to comply with Water and Sewerage Regulation 2001, s 19— (a) did not tell registrar when water supply plumbing work ready for inspection; or (b) did not leave water supply plumbing work ready for inspection as required failure to tell registrar water supply plumbing work ready for inspection or to leave work 2.6.11 fail to comply with Water and Sewerage Regulation 2001, s 20 (1)— did not test water supply plumbing in accordance with AS/NZS 3500 before it was to be passed by an inspector or, if the water supply plumbing was altered or repaired, before the alteration or repair was to be passed failure to test water supply plumbing before inspection 2.6.12 fail to comply with Water and Sewerage Regulation 2001, s 20 (3)— did not rectify water supply plumbing work found to be defective water supply plumbing work found by test

item 2.6.13 fail to comply with Water and Sewerage Regulation 2001, s 21—did plan within required time for water supply plumbing work completed in accordance with the plumbing code completed water supply plumbing work 2.6.14 fail to comply with Water and Sewerage Regulation 2001, s 22 (4)— installed testable backflow prevention device but did not tell registrar about installation or ensure device tested as required as soon as practicable installation of testable backflow prevention device without notifying or testing 2.6.15 fail to comply with Water and Sewerage Act 2000, s 16—provided sanitary plumbing service without giving required notice of intention to start or complete sanitary plumbing work 2.6.16 fail to comply with Water and Sewerage Regulation 2001, s 7 (1)— did work on sanitary plumbing system other than in accordance with work other than in accordance with approved plan

item 2.6.17 fail to comply with Water and Sewerage Regulation 2001, s 8— (a) did not tell registrar when sanitary plumbing work ready for inspection; or (b) did not leave sanitary plumbing work ready for inspection as failure to tell registrar sanitary plumbing work ready for inspection or to leave work 2.6.18 fail to comply with Water and Sewerage Regulation 2001, s 9 (1)— did not test sanitary plumbing in accordance with AS/NZS 3500 before it was to be passed by an inspector or, if the sanitary plumbing was altered or repaired, before the alteration or repair was to be passed failure to test sanitary plumbing before inspection 2.6.19 fail to comply with Water and Sewerage Regulation 2001, s 9 (3)— did not rectify sanitary plumbing work found to be defective sanitary plumbing work found by test

item 2.6.20 fail to comply with Water and Sewerage Regulation 2001, s 10—did plan within required time for sanitary plumbing work completed in accordance with the plumbing code completed sanitary plumbing work

Part 2.7 Plumbing plan certifiers licence demerit grounds for occupational discipline—Act, s 55 (1) (a) Part 2.7 Plumbing plan certifiers licence demerit grounds for item 2.7.1 fail to comply with Water and Sewerage Act 2000, s 8 (1)—approved plumbing or sanitary drainage work plan without required approvals failure to obtain required approval before approving plumbing or drainage plan 2.7.2 fail to comply with Water and Sewerage Act 2000, s 8 (2) (e)— certifier issued plan approval for proposed plumbing or sanitary drainage work, or approved amendment plan, where design of work did not comply with the plumbing code creation of plan approval or amendment for noncompliant plumbing or drainage work 2.7.3 fail to comply with Water and Sewerage Act 2000, s 9 (2)— certifier approved amendment to plan approval for proposed plumbing or sanitary drainage work if reconsideration required approved amended plan that required reconsideration

Plumbing plan certifiers licence demerit grounds for occupational discipline—Act, s 55 (1) (a) Part 2.7 item 2.7.4 fail to comply with Water and Sewerage Act 2000, s 9 (4)— certifier did not keep all documents relating to approved plumbing or drainage plan for at least 12 months failure to keep plan approval records for 1 year 2.7.5 fail to comply with Water and Sewerage Act 2000, s 10—certifier did not notify registrar within 7 days after end of appointment under Water and Sewerage Act, s 5 (3) failure to notify loss of appointment as certifier within 7 days after loss

Part 2.7A Works assessor licence demerit grounds for occupational discipline—Act, s 55 (1) (a) Part 2.7A Works assessor licence demerit grounds for item 2.7A.1 fail to comply with Unit Titles Act 2001, s 22B (3) (b)—fail to give copy of unit title assessment report to territory planning authority within 5 working days after giving report to applicant failure to give copy of report to authority within 5 working days after giving report to applicant

All licences demerit grounds for occupational discipline—Act, s 55 (1) (a) Part 2.8 Part 2.8 All licences demerit grounds for occupational item 2.8.1 fail to comply with Act, s 40—contravention of rectification order other than emergency rectification order contravention of non- emergency rectification order 2.8.2 fail to comply with Act, s 40—contravention of emergency rectification order contravention of emergency rectification order 2.8.3 fail to comply with Act, s 47—did not give client evidence of relevant insurance before providing construction service failure to give client insurance evidence

Part 2.8 All licences demerit grounds for occupational discipline—Act, s 55 (1) (a) item 2.8.4 fail to comply with Act, s 87 (1)—contravention of licence condition that— (a) limited number or cost of construction services provided under licence; or (b) required licensee to do something in a stated way in connection with the performance of a construction service failure to comply with licence condition 2.8.5 fail to comply with Act, s 87 (3)—contravention of applicable code of practice applicable code of practice

Licence demerit grounds for occupational discipline under Act, s 55 (1) (other than par (a))

Schedule 3 Schedule 3 Licence demerit grounds for occupational discipline under Act, s 55 (1) (other than par (a)) (see s 43) item provision 3.1 s 55 (1) (b) giving false or misleading information

(see pt 6A) item 1 Act, 19 (1) refuse to issue licence applicant for licence 2 Act, 19 (1) issue licence for period less than maximum period for which licence may be issued applicant for licence 3 Act, 19 (2) issue licence other than licence applied for applicant for licence 4 Act, 21 (2) amend licence by putting condition on licence, or amending or cancelling licence 5 Act, 21 (2) refuse to amend 6 Act, 21A amend licence by putting condition on 7 Act, 22 refuse to endorse 8 Act, 25 renew licence for period less than the maximum period for which licence may be renewed applicant for renewal 9 Act, 25 (2) or (3) refuse to renew licence person whose licence renewal refused 10 Act, 26 refuse to cancel licence licensee 11 Act, 29 refuse to approve resignation of nominee of corporation or partnership nominee, corporation or partnership

Reviewable decisions Schedule 4 item 12 Act, 37 authorise licensee to enter land entity given notice under s 34 in relation to land or 13 Act, 38 make rectification order person or entity to which rectification order relates 14 Act, 53 refuse to revoke automatic suspension 15 Act, 56 (1) (b), (c) or (d) take disciplinary action licensee 16 Act, 53A (2) cancel licence following 3-month period of automatic suspension 17 Act, 59 (2) suspend licence licensee 18 Act, 61 (2) refuse to revoke suspension 19 Act, 95 take disciplinary action licensee 20 Act, 96 refuse application for licence or renewal applicant for licence or renewal 21 Act, 97 give notice of licence suspension without opportunity to make representations person whose licence suspended 22 Act, 98 give notice of licence disqualification without opportunity to make representations person whose licence disqualified 23 Act, 107 (5) refuse to give access to information on register person asking for access to information 24 Act, 107A (8) (b) include information about rectification undertaking on public licensee who gave, or a person affected by, the rectification undertaking

item 25 Act, 109 (3) include details of contravention in entity to which details of contravention relate 26 Act, 111 refuse to remove information from the entity to which information relates 27 30 refuse to endorse builders licence licensee or applicant for endorsement 28 30 endorse builders licence subject to conditions 29 31 refuse to endorse plumbers licence 30 31A refuse to endorse building assessor’s 31 31B refuse to endorse advanced gasfitters licence or general gasfitters licence 32 31C refuse to endorse electrical contractor licence or unrestricted electrician licence 33 31D refuse to endorse electrical contractor licence or unrestricted electrician licence 34 33 refuse to issue replacement licence

(see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dictionary, pt 1, defines the following terms: • Act • building code • found guilty • home address • territory planning authority. Note 3 Terms used in this regulation have the same meaning that they have in the Construction Occupations (Licensing) Act 2004 (see Legislation Act, s 148). For example, the following terms are defined in the Construction Occupations (Licensing) Act 2004, dict: • AS 3500 • building surveyor (see s 9) • disciplinary action • demerit disciplinary ground • endorsement • nominee • registrar • works assessor (see s 14A (1)). AS 5601 means Australian Standard 5601 (Gas Installations), as in force from time to time. basic building work—see the Building Act 2004, section 10. building certification work—see the Act, section 9 (4) (What is a building surveyor?). distributed energy resource work—see section 31D (5). electrical installation—see the Electricity Safety Act 1971,

electrical wiring work—see the Act, section 11 (3) (What is an electrician?). fire sprinkler work—see the Water and Sewerage Act 2000, gasfitting work—see the Act, section 12 (3) (What is a gasfitter?). incidental electrical work means work carried out by a person whose main occupation is not as an electrician if the work— (a) either— (i) involves the disconnection and reconnection of an appliance, or fitting, that is an electrical installation; or (ii) involves finding and fixing faults in components of an appliance, or fitting, that is an electrical installation; and (b) is incidental to the person’s main occupation; and (c) does not include interval metering work or distributed energy resource work. interval metering work—see section 31C (3). medical gasfitting work—see the Gas Safety Act 2000, dictionary. medical gas system—see the Gas Safety Act 2000, dictionary. medical gas technician work—see the Gas Safety Act 2000, plumbing code—see the Water and Sewerage Act 2000, section 44C. sanitary drainage work—see the Act, section 10 (3) (What is a drainer?). sanitary plumbing work—see the Act, section 13 (3) (What is a plumber?). specialist building work—see the Building Act 2004, section 9. storey—see the Building Act 2004, dictionary.

type B gas appliance means a gas appliance that— (a) consumes more than 10MJ/h of gas; and (b) is not covered by an approval scheme for gas appliances recognised by an entity appointed by the government of a State or Territory to administer the gas safety legislation for the State or Territory. unit title assessment report—see the Unit Titles Act 2001, section 22B. water supply plumbing work—see the Act, section 13 (3) (What is a plumber?).

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

This regulation was made as part of the Construction Occupations (Licensing) Act 2004 (see A2004-12, s 151 and sch 1) and was originally the Construction Occupations (Licensing) Regulations 2004. It was renamed under the Legislation Act 2001. Construction Occupations (Licensing) Regulation 2004 SL2004-36 taken to have been notified LR 26 March 2004 (A2004-12, s 151 (3) (a)) s 1 taken to have commenced 26 March 2004 (LA s 75 (1)) remainder commenced 1 September 2004 (A2004-12, s 151 (3) (b)) as amended by Construction Occupations (Licensing) Amendment Regulations 2004 (No 1) SL2004-44 notified LR 8 September 2004 s 1, s 2 commenced 8 September 2004 (LA s 75 (1)) remainder commenced 9 September 2004 (s 2) Construction Occupations Legislation Amendment Act 2005 A2005-34 sch 1 pt 1.4 notified LR 6 July 2005 s 1, s 2 commenced 6 July 2005 (LA s 75 (1)) sch 1 pt 1.4 commenced 27 July 2005 (s 2) Construction Occupations (Licensing) Amendment Regulation 2005 (No 1) SL2005-18 notified LR 26 August 2005 s 1, s 2 commenced 26 August 2005 (LA s 75 (1)) remainder commenced 27 August 2005 (s 2) Construction Occupations Legislation Amendment Act 2006 A2006-15 sch 1 pt 1.3 notified LR 6 April 2006 s 1, s 2 commenced 6 April 2006 (LA s 75 (1)) sch 1 pt 1.3 commenced 1 September 2006 (s 2 and CN2006-19)

Asbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.5 (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 1.39, amdt 1.44 commenced 18 November 2006 (s 2 (2) and LA s 79) sch 1 pt 1.5 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. Construction Occupations (Licensing) Amendment Regulation 2006 (No 1) SL2006-52 notified LR 4 December 2006 s 1, s 2 commenced 4 December 2006 (LA s 75 (1)) remainder commenced 5 December 2006 (s 2) Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 sch 1 pt 1.6 notified LR 13 June 2007 s 1, s 2 commenced 13 June 2007 (LA s 75 (1)) sch 1 pt 1.6 commenced 1 July 2007 (s 2 and CN2007-3) Building Legislation Amendment Act 2007 A2007-26 sch 1 pt 1.4 notified LR 13 September 2007 s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) sch 1 pt 1.4 commenced 31 March 2008 (s 2 (1) and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.11 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.11 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 2 (as am by A2009-49 amdt 1.2, amdt 1.4) notified LR 29 January 2009 s 1, s 2 commenced 29 January 2009 (LA s 75 (1)) s 67 and sch 2 commenced 2 February 2009 (s 2 and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) as amended by Statute Law Amendment Act 2009 (No 2) A2009-49 amdt 1.2, amdt 1.4, sch 1 pt 1.5, sch 3 pt 3.11 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) amdt 1.2, amdt 1.4, sch 1 pt 1.5, sch 3 pt 3.11 commenced 17 December 2009 (s 2) Note This Act also amends the ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2. Statute Law Amendment Act 2010 A2010-18 sch 3 pt 3.2 notified LR 13 May 2010 s 1, s 2 commenced 13 May 2010 (LA s 75 (1)) sch 3 pt 3.2 commenced 3 June 2010 (s 2) Construction Occupations Legislation (Exemption Assessment) Amendment Act 2010 A2010-24 pt 4 notified LR 8 July 2010 pt 1 commenced 8 July 2010 (s 2 (1)) s 42 commenced 8 July 2011 (s 2) pt 4 remainder commenced 3 September 2010 (s 2 (2) and see Construction Occupations Legislation Amendment Act 2010 A2010-8 (s 2 (2) and LA s 79) Construction Occupations Legislation Amendment Act 2010 (No 2) A2010-32 pt 5 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) s 33 commenced 18 February 2011 (s 2 and CN2011-2) pt 5 remainder commenced 1 March 2011 (s 2 and LA s 79)

Construction Occupations (Licensing) Amendment Regulation 2010 (No 1) SL2010-36 notified LR 7 September 2010 s 1, s 2 commenced 7 September 2010 (LA s 75 (1)) remainder commenced 8 September 2010 (s 2) Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.11 notified LR 28 November 2011 s 1, s 2 commenced 28 November 2011 (LA s 75 (1)) sch 3 pt 3.11 commenced 12 December 2011 (s 2) Planning and Building Legislation Amendment Act 2011 (No 2) A2011-54 pt 4 notified LR 13 December 2011 s 1, s 2 commenced 13 December 2011 (LA s 75 (1)) pt 4 commenced 1 July 2012 (s 2 and CN2012-11) Planning, Building and Environment Legislation Amendment Act 2013 A2013-15 pt 4 notified LR 21 May 2013 s 1, s 2 commenced 21 May 2013 (LA s 75 (1)) pt 4 commenced 22 May 2013 (s 2) Construction and Energy Efficiency Legislation Amendment Act 2013 A2013-31 pt 7, sch 1 notified LR 26 August 2013 s 1, s 2 commenced 26 August 2013 (LA s 75 (1)) s 67 commenced 1 December 2013 (s 2 (2)) pt 7 remainder commenced 27 August 2013 (s 2 (3)) sch 1 commenced 1 September 2013 (s 2 (1)) Construction and Energy Efficiency Legislation Amendment Act 2014 A2014-2 pt 4 notified LR 5 March 2014 s 1, s 2 commenced 5 March 2014 (LA s 75 (1)) pt 4 commenced 6 March 2014 (s 2) Construction and Energy Efficiency Legislation Amendment Act 2014 (No 2) A2014-10 pt 3 notified LR 17 April 2014 s 1, s 2 commenced 17 April 2014 (LA s 75 (1)) pt 3 commenced 18 April 2014 (s 2)

Gas Safety Legislation Amendment Act 2014 A2014-38 pt 3 notified LR 30 September 2014 s 1, s 2 commenced 30 September 2014 (LA s 75 (1)) pt 3 commenced 30 March 2015 (s 2 and LA s 79) Training and Tertiary Education Amendment Act 2014 A2014-48 sch 1 pt 1.6 notified LR 6 November 2014 s 1, s 2 commenced 6 November 2014 (LA s 75 (1)) sch 1 pt 1.6 commenced 20 November 2014 (s 2) Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014 A2014-53 pt 5 notified LR 3 December 2014 s 1, s 2 commenced 3 December 2014 (LA s 75 (1)) pt 5 commenced 1 January 2015 (s 2) Building (General) Legislation Amendment Regulation 2015 (No 1) SL2015-14 pt 3 notified LR 4 May 2015 s 1, s 2 commenced 4 May 2015 (LA s 75 (1)) pt 3 commenced 5 May 2015 (s 2 (1)) Planning, Building and Environment Legislation Amendment Act 2015 A2015-12 pt 5 notified LR 20 May 2015 s 1, s 2 commenced 20 May 2015 (LA s 75 (1)) pt 5 commenced 21 May 2015 (s 2) Spent Convictions (Historical Homosexual Convictions Extinguishment) Amendment Act 2015 A2015-45 sch 1 pt 1.2 notified LR 6 November 2015 s 1, s 2 commenced 6 November 2015 (LA s 75 (1)) sch 1 pt 1.2 commenced 7 November 2015 (s 2) Building and Construction Legislation Amendment Act 2016 A2016-44 pt 6 notified LR 19 August 2016 s 1, s 2 commenced 19 August 2016 (LA s 75 (1)) pt 6 commenced 20 August 2016 (s 2 (1))

Construction Occupations (Licensing) Amendment Regulation 2016 (No 1) SL2016-36 notified LR 22 December 2016 s 1, s 2 commenced 22 December 2016 (LA s 75 (1)) remainder commenced 23 December 2016 (s 2) Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.8 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 3 pt 3.8 commenced 9 March 2017 (s 2) Construction Occupations (Licensing) Amendment Regulation 2017 (No 1) SL2017-33 notified LR 23 November 2017 s 1, s 2 commenced 23 November 2017 (LA s 75 (1)) remainder commenced 1 December 2017 (s 2) Construction Occupations (Licensing) Amendment Regulation 2019 (No 1) SL2019-4 notified LR 21 February 2019 s 1, s 2 commenced 21 February 2019 (LA s 75 (1)) remainder commenced 22 February 2019 (s 2) Crimes (Disrupting Criminal Gangs) Legislation Amendment Act 2019 A2019-43 pt 3 notified LR 6 December 2019 s 1, s 2 commenced 6 December 2019 (LA s 75 (1)) pt 3 commenced 6 June 2020 (s 2 (2) and LA s 79)) Building and Construction Legislation Amendment Act 2019 A2019-48 pt 6 notified LR 9 December 2019 s 1, s 2 commenced 9 December 2019 (LA s 75 (1)) pt 6 commenced 10 December 2019 (s 2 (1)) Loose-fill Asbestos Legislation Amendment Act 2020 A2020-20 sch 1 pt 1.4 notified LR 27 May 2020 s 1, s 2 commenced 27 May 2020 (LA s 75 (1)) sch 1 pt 1.4 commenced 1 July 2020 (s 2)

Building and Construction Legislation Amendment Regulation 2023 (No 1) SL2023-7 pt 3 notified LR 28 April 2023 s 1, s 2 commenced 28 April 2023 (LA s 75 (1)) pt 3 commenced 1 May 2023 (s 2 (1)) Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.17 notified LR 29 September 2023 s 1, s 2 commenced 29 September 2023 (LA s 75 (1)) sch 1 pt 1.17 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10) Building and Construction Legislation Amendment Act 2023 A2023-55 pt 7 notified LR 11 December 2023 s 1, s 2 commenced 11 December 2023 (LA s 75 (1)) s 40, s 41, s 43 commenced 12 December 2023 (s 2 (4)) s 42, s 44, ss 46-48 commenced 11 March 2024 (s 2 (2)) pt 7 remainder commenced 11 December 2024 (s 2 (5)) Construction Occupations (Licensing) Amendment Regulation 2024 (No 1) SL2024-22 notified LR 30 August 2024 s 1, s 2 commenced 30 August 2024 (LA s 75 (1)) s 9 commenced 31 August 2024 (s 2 (2)) remainder commenced 11 December 2024 (s 2 (1) and see Building and Construction Legislation Amendment Act 2023 A2023-55 s 2 (1)) Building and Construction Legislation Amendment Regulation 2025 (No 1) SL2025-11 pt 3 notified LR 30 June 2025 s 1, s 2 commenced 30 June 2025 (LA s 75 (1)) pt 3 commenced 1 July 2025 (s 2 (1)) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.39 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.39 commenced 6 December 2025 (s 2 (5))

Building and Construction Legislation Amendment Act 2026 A2026-2 pt 5 notified LR 16 February 2026 s 1, s 2 commenced 16 February 2026 (LA s 75 (1)) pt 5 commenced 23 February 2026 (s 2 (1))

Name of regulation s 1 am R3 LA Work in construction occupation pt 1A hdg ins SL2015-14 s 17 Construction occupation of builder—excluded work—Act, s 6 (3) (b) s 4A ins SL2015-14 s 17 Construction occupation of gasfitter—excluded work—Act, s 6 (3) (b) s 4B ins SL2024-22 s 4 Licence applications—Act, s 17 (3) s 5 am A2005-34 amdt 1.30, amdt 1.31; A2006-16 amdt 1.34; A2009-49 amdt 3.25; A2010-24 s 36; A2010-32 s 27; A2013-31 ss 53-56; A2014-53 s 20; pars renum R31 LA; A2015-45 amdt 1.2; A2016-44 s 80 Information required on licence—Act, s 23 (2) s 6 am A2005-34 amdt 1.32 Term of licences generally—Act, s 24 s 7 am A2013-31 s 57; A2014-53 s 21; A2014-38 s 8; pars renum Term of licence for building assessors, building surveyors, plumbing plan certifiers and works assessors—Act, s 24 s 8 hdg sub A2010-24 s 37; A2010-32 s 28; A2014-53 s 22 s 8 sub A2006-16 amdt 1.35 am A2010-24 s 38; A2010-32 s 29; A2013-31 s 58; A2014-53 s 23; pars renum R31 LA Particulars in register s 9 am A2006-16 amdt 1.36; A2008-36 amdt 1.122; A2010-24 s 39; A2010-32 s 30; A2013-31 ss 59-61; pars renum R25 LA; A2014-53 s 24; pars renum R31 LA Not eligible because of criminal activity s 11A ins A2019-43 s 8 Eligibility for licence—suitability and financial requirements—Act, s 18 and s 24A s 13 hdg sub SL2019-4 s 13 s 13 am A2011-52 amdt 3.47; A2013-31 s 62, s 63; ss renum R25 LA sub A2016-44 s 81 am SL2019-4 s 5, s 6; ss renum R41 LA; SL2025-11 s 7; A2025-29 amdt 4.39

Skill assessment of individuals s 14 am A2007-12 amdt 1.9; A2013-31 s 64; A2014-48 amdt 1.9; SL2019-4 ss 7-9; A2023-55 s 40, s 41 Notice of skill assessment s 14A ins SL2019-4 s 10 Corporations and partnerships eligible for some occupations s 15 am A2005-34 amdt 1.33; A2006-16 amdt 1.37; SL2010-36 s 4; A2014-53 s 25; pars renum R31 LA Eligibility to be asbestos removalist s 15A ins A2006-16 amdt 1.38 om A2014-53 s 26 Eligibility to be owner-builder s 16 sub SL2016-36 s 4 am A2020-20 amdt 1.12, amdt 1.13 Eligibility to be asbestos assessor s 16A ins A2006-16 amdt 1.39 om A2014-53 s 27 Eligibility to be building assessor s 16B ins A2010-32 s 31 Eligibility to be building surveyor s 17 am A2005-34 amdt 1.34; A2006-15 amdt 1.23 sub A2006-16 amdt 1.39 am SL2006-52 ss 4-6; A2025-29 amdt 4.39 Eligibility to be plumbing plan certifier s 18 am A2006-15 amdt 1.23 Eligibility to be works assessor s 18A ins A2010-24 s 40 Licence renewal div 4.1A hdg ins SL2019-4 s 11 Requirement to undertake assessment s 18B ins SL2019-4 s 11 Eligibility requirements for nominees—Act, s 28A (1) (a) s 19 hdg sub A2016-44 s 82; A2026-2 s 50 s 19 am A2013-31 s 65, s 66; A2016-44 s 83; A2026-2 s 51, s 52 Comply with code of practice s 21A ins A2010-32 s 32 am A2016-44 s 84 Corporate licences s 22 am A2016-44 s 85, s 86

Partnership licences s 23 am A2016-44 s 87, s 88 Individual licences s 24 am A2010-18 amdt 3.2 Medical gas technicians must not commission or test etc own medical gasfitting work s 26A ins SL2024-22 s 5 Certain building surveyors s 28 am SL2004-44 s 4 Endorsements on licences div 5.2 hdg sub SL2017-33 s 4 Return of licence s 29 reloc and renum as s 32A Endorsing builders licences for building work—Act, s 22 s 30 hdg sub A2005-34 amdt 1.35 s 30 am A2005-34 amdt 1.36 Endorsing building assessors licences for use of software—Act, s 22 s 31A ins A2010-32 s 33 am A2025-29 amdt 4.39 Endorsing licences for gas appliance work—Act, s 22 s 31B ins A2014-38 s 9 Endorsing electricians licences for work on interval meters—Act, s 22 s 31C ins SL2017-33 s 6 Endorsing electricians licences for work on distributed energy resources— Act, s 22 s 31D ins A2023-55 s 42 Considerations for endorsing licences s 32 hdg sub SL2017-33 s 7 s 32 sub A2006-16 amdt 1.20 am A2008-36 amdt 1.123; A2010-32 s 34; A2014-38 s 10; SL2017-33 s 8 Returning and replacing licences and unlicensed services div 5.3 hdg sub SL2017-33 s 9 Return of licence s 32A (prev s 29) reloc and renum as s 32A SL2017-33 s 5 Replacement licences s 33 am A2025-29 amdt 4.39 Matters that may be published—Act, s 64 (1) s 34 om A2008-36 amdt 1.124

Services that may be provided without licence s 35 am A2006-16 amdt 1.40, amdt 1.41; ss renum R8 LA; A2007-12 amdt 1.10; A2013-15 s 8; A2013-31 s 67, s 68; ss renum R27 LA; A2014-48 amdts 1.10-1.14; A2014-53 s 28, s 29; ss renum R31 LA; A2015-12 s 37; A2025-29 amdt 4.39 Classes of asbestos assessor s 36A ins A2006-16 amdt 1.42 om A2014-53 s 30 Classes of asbestos removalist s 36B ins A2006-16 amdt 1.42 om A2014-53 s 31 Classes of building assessor s 37B ins A2010-32 s 35 Notification and review of decisions pt 6A hdg ins A2008-36 amdt 1.125 Classes of gas appliance worker s 41A ins A2014-38 s 11 Reviewable decisions—Act, s 123A, def reviewable decision s 42A ins A2008-36 amdt 1.125 Right of review and notice—Act, s 123B and s 123C (a) s 42B ins A2008-36 amdt 1.125 Short descriptions and demerit points s 43 sub A2008-36 amdt 1.126 am A2013-31 s 69, s 70 Information in report to Minister—Act, s 112 s 44 am A2008-36 amdt 1.127 Requirements for notices requesting skill assessment of licensees—Act, s 55A s 45 pars renum R3 LA am A2005-34 amdt 1.37 om A2008-36 amdt 1.128 ins A2013-31 s 71 Applying, adopting or incorporating documents in statutory instruments s 45A ins SL2025-11 s 8 Meaning of licensee and occupational discipline—s 9 (1) (i) s 48 sub A2008-36 amdt 1.129 Requirement to consult under s 13 s 49 om A2023-55 s 43

Modification of Act, s 149—Act, s 152 s 52 ins SL2004-44 s 5 om R4 LA ins SL2005-18 s 4 exp 1 September 2005 (s 52) Modification of Act, pt 13, s 137 (2)—Act, s 152 s 53 ins SL2004-44 s 5 Modification of Act, pt 13—Act, s 152 s 54 ins SL2004-44 s 5 Modification of Act, dictionary, definition of AS 3500—Act, s 152 s 55 ins SL2004-44 s 5 Transitional—Construction Occupations (Licensing) Amendment Regulation 2017 (No 1) pt 9 hdg ins SL2017-33 s 10 Meaning of authorised licensee—pt 9 s 56 ins SL2017-33 s 10 Authorisations under s 31C for undecided applications s 57 ins SL2017-33 s 10 Expiry—pt 9 s 58 ins SL2017-33 s 10 Asbestos assessor sch 1 pt 1.1A renum as sch 1 pt 1.1 Asbestos removalist sch 1 pt 1.1B renum as sch 1 pt 1.2 Asbestos assessor sch 1 pt 1.1 orig sch 1 pt 1.1 renum as sch 1 pt 1.3 (prev sch 1 pt 1.1A) ins A2006-16 amdt 1.43 am A2011-52 amdt 3.48 om A2014-53 s 32

Asbestos removalist sch 1 pt 1.2 orig sch 1 pt 1.2 renum as sch 1 pt 1.4 (prev sch 1 pt 1.1B) ins A2006-16 amdt 1.43 om A2014-53 s 33 Builder sch 1 pt 1.3 orig sch 1 pt 1.3 renum as sch 1 pt 1.5 (prev sch 1 pt 1.1) am SL2004-44 s 6 am A2006-16 amdt 1.44; A2015-12 s 38, s 39 Building assessor sch 1 pt 1.3A ins A2010-32 s 36 Building surveyor sch 1 pt 1.4 orig sch 1 pt 1.4 renum as sch 1 pt 1.6 (prev sch 1 pt 1.2) renum R8 LA (see A2006-16 amdt 1.45) Drainer sch 1 pt 1.5 orig sch 1 pt 1.5 renum as sch 1 pt 1.7 (prev sch 1 pt 1.3) renum R8 LA (see A2006-16 amdt 1.45) Electrician sch 1 pt 1.6 orig sch 1 pt 1.6 renum as sch 1 pt 1.8 (prev sch 1 pt 1.4) am SL2004-44 s 7 am SL2017-33 s 11; A2023-55 s 44 Gasfitters sch 1 pt 1.7 (prev sch 1 pt 1.5) renum R8 LA (see A2006-16 amdt 1.45) am A2023-55 s 45; SL2024-22 ss 6-8; items renum R50 LA Gas appliance worker sch 1 pt 1.7A ins A2014-38 s 12 am SL2024-22 s 9 Plumbers sch 1 pt 1.8 (prev sch 1 pt 1.6) am SL2004-44 s 8, s 9 am A2006-15 amdt 1.21; items renum R9 (see A2006-15 amdt 1.22); A2013-31 s 72 Works assessors sch 1 pt 1.9 ins A2010-24 s 41 sub A2010-24 s 42 am A2023-36 amdt 1.103; items renum R46 LA Demerit grounds for occupational discipline sch 2 hdg sub A2008-36 amdt 1.130

Builders licence demerit grounds for occupational discipline—Act, sch 2 pt 2.1 hdg sub A2008-36 amdt 1.131 sch 2 pt 2.1 am A2008-36 amdt 1.132; A2011-54 s 8; items renum R23 LA; A2013-31 amdt 1.1; A2015-12 s 40; items renum R34 LA; SL2023-7 s 8, s 9 Building surveyors licence demerit grounds for occupational discipline— Act, s 55 (1) (a) sch 2 pt 2.2 hdg sub A2008-36 amdt 1.133 sch 2 pt 2.2 am A2007-26 amdts 1.96-1.102; A2008-36 amdt 1.134; SL2010-36 s 5; A2023-36 amdt 1.104 Drainers licence demerit disciplinary grounds under Act, s 54 (1) (a) sch 2 pt 2.3 hdg sub A2008-36 amdt 1.135 sch 2 pt 2.3 am A2005-34 amdts 1.39-1.42; A2008-36 amdt 1.136; A2013-31 amdts 1.2-1.4; SL2023-7 s 10; items renum R45 LA Electricians licence demerit grounds for occupational discipline—Act, sch 2 pt 2.4 hdg sub A2008-36 amdt 1.137 sch 2 pt 2.4 am A2008-36 amdt 1.138 sub SL2023-7 s 11 Gasfitters licence demerit grounds for occupational discipline—Act, sch 2 pt 2.5 hdg sub A2008-36 amdt 1.139 sch 2 pt 2.5 am A2008-36 amdt 1.140; A2014-38 ss 13-15 Plumbers licence demerit grounds for occupational discipline—Act, sch 2 pt 2.6 hdg sub A2008-36 amdt 1.141 sch 2 pt 2.6 am A2005-34 amdts 1.43-1.49; A2008-36 amdt 1.142; A2013-31 amdts 1.5-1.11; SL2023-7 s 12 Plumbing plan certifiers licence demerit grounds for occupational sch 2 pt 2.7 hdg sub A2008-36 amdt 1.143 sch 2 pt 2.7 am A2008-36 amdt 1.144; A2013-31 amdt 1.12 Works assessor licence demerit grounds for occupational discipline— Act, s 55 (1) (a) sch 2 pt 2.7A ins SL2010-36 s 6 am A2023-36 amdt 1.104 All licences demerit grounds for occupational discipline—Act, s 55 (1) (a) sch 2 pt 2.8 hdg sub A2008-36 amdt 1.145 sch 2 pt 2.8 am A2008-36 amdt 1.146

Licence demerit grounds for occupational discipline under Act, s 55 (1) (other than par (a)) sch 3 hdg sub A2008-36 amdt 1.147 sch 3 am A2008-36 amdt 1.148 Reviewable decisions sch 4 ins A2008-36 amdt 1.149 mod SL2009-2 mod 2.1 mod lapsed 17 December 2009 (SL2009-2 mod 2.1 om by A2009-49 amdt 1.4) am A2009-49 amdt 1.13; items renum R15 LA; A2010-32 s 37; items renum R20 LA; A2011-52 amdt 3.49; items renum R22 LA; A2013-31 s 73, s 74; items renum R25 LA; A2014-2 s 21; A2014-10 s 24; items renum R29 LA; A2014-38 s 16; items renum R32; SL2017-33 s 12; items renum R39 LA; A2019-48 ss 57-59; items renum R42 LA; A2023-55 s 46; items renum R48 LA dict am A2009-49 amdt 3.26; SL2010-36 s 7, s 8; A2017-4 amdt 3.46; SL2023-7 s 13; A2023-36 amdt 1.105 def AS 3000 om SL2023-7 s 14 def AS 3017 om SL2023-7 s 14 def bonded asbestos ins A2006-16 amdt 1.46 sub A2011-52 amdt 3.50 om A2014-53 s 34 def distributed energy resource work ins A2023-55 s 47 def electrical installation ins A2005-34 amdt 1.50 def fire sprinkler work sub SL2004-44 s 10 def friable asbestos ins A2006-16 amdt 1.46 om A2011-52 amdt 3.51 def incidental electrical work sub A2005-34 amdt 1.51 am SL2017-33 s 13; A2023-55 s 48 def interval metering work ins SL2017-33 s 14 def medical gasfitting work ins A2023-55 s 49 def medical gas system ins SL2024-22 s 10 def medical gas technician work ins A2023-55 s 49 def plumbing code ins SL2023-7 s 15 def storey ins A2017-4 amdt 3.47 def unit title assessment report ins SL2010-36 s 9

Earlier republications 5 Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. for 1 Sept 2004 1 Sept 2004– 8 Sept 2004 not amended new regulation 9 Sept 2004 9 Sept 2004– 2 Nov 2004 SL2004-44 amendments by SL2004-44 3 Nov 2004 3 Nov 2004– 9 Mar 2005 SL2004-44 editorial amendments under Legislation Act 10 Mar 2005 10 Mar 2005– SL2004-44 commenced expiry 27 July 2005– 26 Aug 2005 A2005-34 amendments by A2005-34 27 Aug 2005 27 Aug 2005– 1 Sept 2005 SL2005-18 amendments by SL2005-18 2 Sept 2005 2 Sept 2005– SL2005-18 commenced expiry 1 July 2006– 31 Aug 2006 A2006-16 as amended by A2006-24 1 Sept 2006 1 Sept 2006– 17 Nov 2006 A2006-15 18 Nov 2006 18 Nov 2006– 4 Dec 2006 A2006-16 5 Dec 2006 5 Dec 2006– SL2006-52 amendments by SL2006-52

for 1 July 2007– 30 Mar 2008 A2007-12 amendments by A2007-12 31 Mar 2008 31 Mar 2008– 1 Feb 2009 A2007-26 amendments by A2007-26 R14* 2 Feb 2009 2 Feb 2009– 16 Dec 2009 SL2009-2 amendments by A2008-36 and modifications by SL2009-1 17 Dec 2009 17 Dec 2009– A2009-49 amendments by A2009-49 3 June 2010– 2 Sept 2010 A2010-18 amendments by A2010-18 3 Sept 2010 3 Sept 2010– 7 Sept 2010 A2010-32 amendments by A2010-24 8 Sept 2010 8 Sept 2010– 17 Feb 2011 SL2010-36 18 Feb 2011 18 Feb 2011– 28 Feb 2011 A2010-32 1 Mar 2011 1 Mar 2011– A2010-32 8 July 2011– 11 Dec 2011 SL2011-36 amendments by A2010-24 12 Dec 2011 12 Dec 2011– A2011-52 amendments by A2011-52 1 July 2012– A2011-54 amendments by A2011-54 22 May 2013– 26 Aug 2013 A2013-15 amendments by A2013-15 27 Aug 2013 27 Aug 2013– 31 Aug 2013 1 Sept 2013 1 Sept 2013– 30 Nov 2013 1 Dec 2013 1 Dec 2013– 5 Mar 2014

Earlier republications 5 for 6 Mar 2014 6 Mar 2014– 17 Apr 2014 A2014-2 amendments by A2014-2 18 Apr 2014 18 Apr 2014– 19 Nov 2014 A2014-10 amendments by A2014-10 20 Nov 2014 20 Nov 2014– 31 Dec 2014 A2014-48 amendments by A2014-48 1 Jan 2015 1 Jan 2015– 29 Mar 2015 A2014-53 amendments by A2014-53 30 Mar 2015 30 Mar 2015– A2014-53 amendments by A2014-38 5 May 2015– SL2015-14 amendments by SL2015-14 21 May 2015– 6 Nov 2015 A2015-12 amendments by A2015-12 7 Nov 2015 7 Nov 2015– 19 Aug 2016 A2015-45 amendments by A2015-45 20 Aug 2016 20 Aug 2016– 22 Dec 2016 A2016-44 amendments by A2016-44 23 Dec 2016 23 Dec 2016– 8 Mar 2017 SL2016-36 amendments by SL2016-36 9 Mar 2017 9 Mar 2017– 30 Nov 2017 A2017-4 amendments by A2017-4 1 Dec 2017 1 Dec 2017– 28 Feb 2018 SL2017-33 amendments by SL2017-33 1 Mar 2018 1 Mar 2018– 21 Feb 2019 SL2017-33 expiry of transitional provisions (pt 9) 22 Feb 2019 22 Feb 2019– 9 Dec 2019 SL2019-4 amendments by SL2019-4 10 Dec 2019 10 Dec 2019– A2019-48 amendments by A2019-48 6 June 2020– A2019-48 amendments by A2019-43

for 1 July 2020– 30 Apr 2023 A2020-20 amendments by A2020-20 1 May 2023– 26 Nov 2023 SL2023-7 amendments by SL2023-7 27 Nov 2023 27 Nov 2023– 11 Dec 2023 A2023-36 amendments by A2023-36 12 Dec 2023 12 Dec 2023– 10 Mar 2024 A2023-55 amendments by A2023-55 11 Mar 2024 11 Mar 2024– 30 Aug 2024 A2023-55 amendments by A2023-55 31 Aug 2024 31 Aug 2024– 10 Dec 2024 SL2024-22 amendments by SL2024-22 11 Dec 2024 11 Dec 2024– SL2024-22 amendments by A2023-55 and SL2024-22 1 July 2025– 5 Dec 2025 SL2025-11 amendments by SL2025-11 6 Dec 2025 6 Dec 2025– 22 Feb 2026 A2025-29 amendments by A2025-29

Expired transitional or validating provisions 6 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.