Schedule 2 Amendments relating to 1, 3 and 5 year terms and restorations

Schedule 2 Amendments relating to 1, 3 and 5 year terms and restorations

Explanatory note

The proposed amendments in this Schedule provide for 1, 3 and 5 year terms for various types of authorities, licences, registrations and certificates (the relevant authorities) across the legislation administered by the Minister for Innovation and Better Regulation. The proposed amendments allow the relevant authorities to be restored, if the applicant applies for the restoration within 3 months of the expiry of the relevant authority.

Schedule 2.7 [2] amends uncommenced provisions in the Fair Trading Amendment (Commercial Agents) Act 2016 (the amending Act) in order to give effect to the proposed amendments outlined above. The proposed amendments also provide that the Commissioner may determine that a corporation is not disqualified from carrying out a commercial agent activity for the purposes of the Fair Trading Act 1987, despite being the subject of a winding up order or being a corporation for which a controller or administrator has been appointed, if the Commissioner considers it appropriate to do so. The proposed amendments will commence on a day appointed by proclamation, being a day on or after the day on which Part 5 of the amending Act commences.

The proposed amendments allow the NSW Architects Registration Board to remove an architect’s name from the register of architects and the Board of Surveying and Spatial Information to remove a surveyor’s name from the register of surveyors if the architect or surveyor fails to comply with requirements relating to continuing professional development or, in the case of an architect, professional indemnity insurance.

Schedule 2.1 [4] removes the minimum age requirement for the registration of an architect.

The Schedule also inserts regulation-making powers to provide for the waiver or refund of fees, savings and transitional provisions and consequential amendments.

2.1 Architects Act 2003 No 89

2.2 Architects Regulation 2017

2.3 Building Professionals Act 2005 No 115

2.4 Building Professionals Regulation 2007

2.5 Conveyancers Licensing Act 2003 No 3

2.6 Explosives Act 2003 No 39