Commencement
PART 2 – OCCUPATIONAL LICENSING ACT 2005 AMENDED
Principal Act
Section 3 amended (Interpretation)
Section 22A amended (Obligation to hold building services
licence)
Section 28 amended (Insurance cover for contractors)
Sections 37AB, 37AC, 37AD, 37AE and 37AF inserted
37AB. Interpretation of Division
37AC. Excluded person
37AD. Influential person
37AE. Permitted individual
37AF. Applications for determinations under section 37AC
Section 37A amended (Application for building services licence)
Section 37B amended (Determination of application)
Section 37C amended (Certain organisations may apply for
building services licence)
Section 37D amended (Continuation of building services licence
held by certain organisations)
2
12. Section 37E amended (Deemed registration of holder of building
services licence)
13. Sections 37F, 37G, 37H, 37I and 37J inserted
37F. Cancellation of prescribed building services licence
37G. Permanent exclusion of persons
37H. Revocation of declaration
37I. Publication of details of excluded persons and
permanently excluded persons
37J. Offences if excluded person or permanently
excluded person employed
14. Section 49 amended (Registers)
15. Section 79 amended (Reviewable decisions)
16. Section 91 amended (Notice of intent to take disciplinary action)
17. Section 92 repealed
18. Section 93 amended (Disciplinary action)
19. Section 94 repealed
20. Section 104A inserted
104A. Review of amendments made by Occupational
Licensing Amendment Act 2026
21. Schedule 5 amended (Transitional and Savings Provisions)
PART 3 – BUILDING ACT 2016 AMENDED
22. Principal Act
23. Section 99A inserted
99A. Excluded person not to perform notifiable building
work
24. Section 148A inserted
148A. Excluded person not to perform permit building
work
PART 4 – RESIDENTIAL BUILDING WORK CONTRACTS AND
DISPUTE RESOLUTION ACT 2016 AMENDED
25. Principal Act
26. Section 78A inserted
78A. Excluded person not to enter into residential building
work contract
3
PART 5 – REPEAL OF ACT
27. Repeal of Act
4
[Bill 6] 5
OCCUPATIONAL LICENSING AMENDMENT
BILL 2026
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
LAURA ROSS, Clerk of the House
25 March 2026
(Brought in by the Minister for Small Business, Trade and
Consumer Affairs, the Honourable Guy Barnett)
A BILL FOR
An Act to amend the Occupational Licensing Act 2005, the
Building Act 2016 and the Residential Building Work
Contracts and Dispute Resolution Act 2016
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 – PRELIMINARY
Short title
This Act may be cited as the Occupational
Licensing Amendment Act 2026.
Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
Occupational Licensing Amendment Act 2026
Act No. of 2026
s. 3 Part 2 – Occupational Licensing Act 2005 Amended
6
PART 2 – OCCUPATIONAL LICENSING ACT 2005
AMENDED
3. Principal Act
In this Part, the Occupational Licensing Act
2005* is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of document:
excluded person means a person that
is an excluded person for the
purposes of this Act under section
37AC;
(b) by inserting the following definition after
the definition of owner builder permit:
permanently excluded person means a
person that is declared to be a
permanently excluded person
under section 37G;
*No. 47 of 2005
Occupational Licensing Amendment Act 2026
Act No. of 2026
Part 2 – Occupational Licensing Act 2005 Amended s. 5
7
5. Section 22A amended (Obligation to hold building
services licence)
Section 22A of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) Nothing in subsection (2)(b), (ba) and
(bb) authorises an excluded person or a
permanently excluded person to manage
or carry out building services work, or to
enter into a contract to manage or carry
out building services work, under the
authority of a prescribed building
services licence held by another person.
6. Section 28 amended (Insurance cover for
contractors)
Section 28(2) of the Principal Act is amended by
inserting “section 37F or” after “under”.
7. Sections 37AB, 37AC, 37AD, 37AE and 37AF
inserted
Before section 37A of the Principal Act, the
following sections are inserted in Division 3A:
37AB. Interpretation of Division
In this Division –
bankruptcy event, in relation to a
person, means the occurrence of
any of the following events:
Occupational Licensing Amendment Act 2026
Act No. of 2026
s. 7 Part 2 – Occupational Licensing Act 2005 Amended
8
(a) the person applies to take
the benefit of any law for
the relief of bankrupt or
insolvent debtors;
(b) the person becomes
bankrupt;
construction company means an
organisation, whether
incorporated or unincorporated,
that directly or indirectly –
(a) carries out construction
work in this State or in
any other State or a
Territory; or
(b) carried out construction
work in this State or in
any other State or a
Territory during the
period of 2 years
immediately before a
specified event occurred
to that organisation;
construction work includes –
(a) building services work;
and
(b) building work, within the
meaning of the Building
Act 2016;
Occupational Licensing Amendment Act 2026
Act No. of 2026
Part 2 – Occupational Licensing Act 2005 Amended s. 7
9
excluded licence means a building
services licence that is within a
class of building services licences
that is prescribed for the purposes
of this definition;
influential person – see
section 37AD;
insolvency event, in relation to a body
corporate, means that, for the
benefit of a creditor –
(a) a provisional liquidator,
liquidator, administrator
or controller is appointed
to the body corporate; or
(b) the body corporate is
wound up or is ordered to
be wound up;
permitted individual means an
individual declared by the
Administrator under
section 37AE to be a permitted
individual for the purposes of this
Division;
prescribed building services licence
means a building services licence
that is within a class of building
services licences that is
prescribed for the purposes of this
definition, but does not include a
building services licence that is
an excluded licence;
Occupational Licensing Amendment Act 2026
Act No. of 2026
s. 7 Part 2 – Occupational Licensing Act 2005 Amended
10
specified event means a bankruptcy
event or an insolvency event.
37AC. Excluded person
(1) An individual is an excluded person for
the purposes of this Act if –
(a) a bankruptcy event occurs in
relation to the individual; and
(b) less than 3 years have elapsed
since the bankruptcy event
occurred.
(2) Subject to subsection (3), an individual is
also an excluded person for the purposes
of this Act if –
(a) an insolvency event occurs in
relation to a construction
company; and
(b) less than 3 years have elapsed
since the insolvency event
occurred; and
(c) the individual –
(i) was, at the time at which
the insolvency event
occurred, a director or
secretary of, or an
influential person in
relation to, the
construction company; or
Occupational Licensing Amendment Act 2026
Act No. of 2026
Part 2 – Occupational Licensing Act 2005 Amended s. 7
11
(ii) was, at any time within
the period of 2 years
immediately preceding
the insolvency event, a
director or secretary of, or
an influential person in
relation to, the
construction company.
(3) Subsections (1) and (2) do not apply to
an individual in respect of a specified
event if the individual has been declared
a permitted individual for the specified
event.
(4) Subsection (2) does not apply in respect
of an individual if the Administrator
makes a determination that, at the time at
which the individual ceased to be an
influential person, director or secretary in
relation to the construction company, the
company was solvent.
(5) A body corporate is an excluded person
for the purposes of this Act if –
(a) an insolvency event occurs in
relation to the body corporate;
and
(b) less than 3 years have elapsed
since the insolvency event
occurred.
(6) An organisation, whether incorporated or
unincorporated, is an excluded person for
the purposes of this Act if that
Occupational Licensing Amendment Act 2026
Act No. of 2026
s. 7 Part 2 – Occupational Licensing Act 2005 Amended
12
organisation has a director, secretary,
partner or influential person who is an
excluded person or a permanently
excluded person.
(7) Despite subsection (6), an organisation is
taken never to have been an excluded
person by reason only that a director,
secretary, partner or influential person of
the organisation becomes an excluded
person or a permanently excluded person
if –
(a) the organisation did not know,
and could not reasonably have
been expected to know, that the
person was an excluded person or
a permanently excluded person;
or
(b) the organisation becomes aware
that the person is an excluded
person or a permanently excluded
person and, within 28 days after
becoming so aware, removes the
person from the relevant position.
37AD. Influential person
(1) In this section –
professional means a person who
provides professional advice to
more than one client, but does not
include a person who provides
professional advice to a client in
Occupational Licensing Amendment Act 2026
Act No. of 2026
Part 2 – Occupational Licensing Act 2005 Amended s. 7
13
the person’s capacity as an
employee of the client;
regulator means –
(a) a person employed by a
State, a local government
body or the
Commonwealth; or
(b) a person engaged by a
State, a local government
body or the
Commonwealth to
provide a particular
service or carry out a
particular activity; or
(c) an agent of a person
mentioned in paragraph
(b) if, in that capacity, the
agent provides the service
or carries out the activity
the person is engaged to
provide or carry out.
(2) For the purposes of this Division, an
influential person, in relation to an
organisation (whether incorporated or
unincorporated), means an individual,
other than a director, secretary or partner
of the organisation, who is in a position
to control or substantially influence the
organisation’s conduct.
(3) For the purpose of this Division,
influential person does not include –
Occupational Licensing Amendment Act 2026
Act No. of 2026
s. 7 Part 2 – Occupational Licensing Act 2005 Amended
14
(a) a professional, only because the
advice given by the professional
influences the organisation’s
conduct; or
(b) a regulator, only because the
regulator, when exercising a
power or performing a function
under an Act or other law,
influences the organisation’s
business; or
(c) an administrator, controller,
provisional liquidator or
liquidator within the meaning of
section 9 of the Corporations Act.
(4) Without limiting subsection (2), a person
may be an influential person in relation
to an organisation if the person –
(a) is the chief executive officer or
general manager of the
organisation, or holds an
equivalent position in the
organisation; or
(b) is acting in a position mentioned
in paragraph (a); or
(c) directly or indirectly owns, holds
or controls 50% or more of the
shares in the organisation, or 50%
or more of a class of shares in the
organisation; or
Occupational Licensing Amendment Act 2026
Act No. of 2026
Part 2 – Occupational Licensing Act 2005 Amended s. 7
15
(d) gives instructions to an officer,
director, secretary or partner of
the organisation and that person
generally acts on those
instructions; or
(e) makes, or participates in making,
decisions that affect the whole or
a substantial part of the
organisation’s business or
financial standing; or
(f) engages in conduct or makes
representations that would cause
someone else reasonably to
believe the person controls, or
substantially influences, the
organisation’s business.
37AE. Permitted individual
(1) An individual may apply in writing to the
Administrator to be declared a permitted
individual for a specified event.
(2) An application under subsection (1) must
state the reasons why the Administrator
should declare the individual to be a
permitted individual for the specified
event.
(3) If the individual is a director, secretary,
partner or influential person in relation to
an organisation that is the holder of a
building services licence, that
organisation is taken to be a party to the
Occupational Licensing Amendment Act 2026
Act No. of 2026
s. 7 Part 2 – Occupational Licensing Act 2005 Amended
16
application and may make submissions to
the Administrator about the application.
(4) The Administrator may declare an
individual to be a permitted individual
for a specified event only if satisfied that
the individual took all reasonable steps to
avoid the coming into existence of the
circumstances that resulted in the
happening of the specified event.
(5) An individual who is declared to be a
permitted individual for a specified event
is taken not to be an excluded person in
respect of that specified event.
(6) If an application under this section is
refused, the individual may not make
another application in relation to the
same specified event.
37AF. Applications for determinations under
section 37AC
(1) A person may apply in writing to the
Administrator for a determination for the
purposes of section 37AC(4).
(2) An application under this section must –
(a) be in an approved form, if any;
and
(b) be accompanied by the prescribed
fee, if any; and
Occupational Licensing Amendment Act 2026
Act No. of 2026
Part 2 – Occupational Licensing Act 2005 Amended s. 8
17
(c) include any information
requested by the Administrator.
(3) In deciding an application under
subsection (1), the Administrator may
have regard to any matter the
Administrator considers relevant.
(4) The Administrator must –
(a) decide the application as soon as
practicable; and
(b) give written notice of the
decision, including reasons, to the
applicant.
8. Section 37A amended (Application for building
services licence)
Section 37A of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(b)(iii)
“development.” and substituting
“development; and”;
(b) by inserting the following subparagraph
after subparagraph (iii) in subsection
(2)(b):
(iv) details of the following:
(A) any specified events that
have occurred to the
applicant;
Occupational Licensing Amendment Act 2026
Act No. of 2026
s. 9 Part 2 – Occupational Licensing Act 2005 Amended
18
(B) in the case of an applicant
that is an organisation
(whether incorporated or
unincorporated), any
specified event that has
occurred in relation to a
director or secretary of the
organisation, or an
influential person in
relation to the
organisation;
(C) if the applicant has been a
director or secretary of, or
an influential person in
relation to, a construction
company in respect of
which a specified event
has occurred, details of
that specified event.
(c) by inserting the following subsection
after subsection (4):
(5) In deciding whether to issue a
licence, the Administrator may
make inquiries and investigations
that are reasonable and
appropriate in the circumstances.
9. Section 37B amended (Determination of
application)
Section 37B of the Principal Act is amended as
follows:
Occupational Licensing Amendment Act 2026
Act No. of 2026
Part 2 – Occupational Licensing Act 2005 Amended s. 10
19
(a) by omitting from subsection (1)(a) “may
issue” and substituting “subject to
subsection (1A), may issue”;
(b) by inserting the following subsection
after subsection (1):
(1A) The Administrator must refuse an
application for a prescribed
building services licence if –
(a) the Administrator is
satisfied that the applicant
is an excluded person,
unless the applicant
establishes that
exceptional circumstances
exist; or
(b) the applicant has been
declared to be a
permanently excluded
person.
10. Section 37C amended (Certain organisations may
apply for building services licence)
Section 37C of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (3):
(3A) A person may not be nominated
as a licensed person under
subsection (2)(c) in respect of a
Occupational Licensing Amendment Act 2026
Act No. of 2026
s. 10 Part 2 – Occupational Licensing Act 2005 Amended
20
prescribed building services
licence if the person is an
excluded person or a permanently
excluded person.
(b) by inserting the following subsection
after subsection (4):
(4A) The Administrator must refuse an
application made under
subsection (1) for a prescribed
building services licence if –
(a) the Administrator is
satisfied that the
applicant, or the person
nominated to be the
licensed person for the
applicant, is an excluded
person unless the
applicant establishes that
exceptional circumstances
exist; or
(b) the applicant, or the
person nominated to be
the licensed person for the
applicant, is a
permanently excluded
person.
(c) by omitting from subsection (5)(c)
“Corporations Act.” and substituting
“Corporations Act; or”;
(d) by inserting the following paragraph after
paragraph (c) in subsection (5):