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(d) has become an excluded person
or a permanently excluded
person.
11. Section 37D amended (Continuation of building
services licence held by certain organisations)
Section 37D of the Principal Act is amended by
inserting after subsection (8) the following
subsection:
(9) The Administrator must not accept a
person nominated under subsection
(3)(b)(ii), (3)(b)(iii), (4)(b), (4)(c) or (6)
if the nominated person is an excluded
person or a permanently excluded
person.
12. Section 37E amended (Deemed registration of
holder of building services licence)
Section 37E of the Principal Act is amended by
inserting after subsection (6) the following
subsections:
(6A) The Administrator must, by written
notice, disqualify a person from holding
a prescribed building services licence by
virtue of holding deemed registration if
satisfied that the person is an excluded
person unless the Administrator is
satisfied that exceptional circumstances
exist.
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(6B) Before disqualifying a person under
subsection (6A), the Administrator must
give the person written notice of the
Administrator’s intention to disqualify
the person from holding a prescribed
building services licence by virtue of
holding deemed registration.
(6C) A notice under subsection (6B) must –
(a) state that the Administrator
considers the person to be an
excluded person; and
(b) identify the specified event that
has resulted in the person being
considered to be an excluded
person; and
(c) set out the reasons why the
Administrator considers the
person to be an excluded person;
and
(d) state that the person may make a
submission to the Administrator
within the period specified in the
notice.
(6D) The Administrator must consider any
submissions made by the person within
the period specified under subsection
(6C)(d) before disqualifying a person
under subsection (6A).
(6E) A disqualification under this section does
not render unlawful any prescribed work
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carried out by the person before the
person receives notice of the
disqualification.
13. Sections 37F, 37G, 37H, 37I and 37J inserted
After section 37E of the Principal Act, the
following sections are inserted in Division 3A:
37F. Cancellation of prescribed building services
licence
(1) The Administrator must, by written
notice, cancel a prescribed building
services licence if the Administrator is
satisfied that the holder of the licence is
an excluded person unless the
Administrator is satisfied that
exceptional circumstances exist.
(2) Before cancelling a prescribed building
services licence under subsection (1), the
Administrator must give the licence
holder written notice of the
Administrator’s intention to cancel the
licence.
(3) A notice under subsection (2) must –
(a) identify the specified event that
has resulted in the licence holder
being considered to be an
excluded person; and
(b) set out the reasons why the
Administrator considers that the
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licence holder is an excluded
person; and
(c) state that the licence holder may
make a submission to the
Administrator about the specified
event within the period specified
in the notice.
(4) The Administrator must consider any
submissions made by the licence holder
within the period specified under
subsection (3)(c) before cancelling a
licence.
(5) The cancellation of a licence does not
render unlawful any prescribed work
carried out by a person before the person
receives notice of the cancellation.
37G. Permanent exclusion of persons
(1) The Administrator may, by written
notice, declare a person to be a
permanently excluded person if, on a
second occasion, a prescribed building
services licence held by the person is
cancelled under section 37F.
(2) The Administrator may only make a
declaration under subsection (1) if the
period between the cancellations is less
than 5 years.
(3) Before making a declaration under
subsection (1), the Administrator must
give the person written notice that –
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(a) states the Administrator’s
intention to make the declaration;
and
(b) sets out the reasons for the
proposed declaration; and
(c) explains the effect of the person
being declared a permanently
excluded person; and
(d) states that the person may make a
written submission to the
Administrator in respect of the
proposed declaration within the
period specified in the notice.
(4) The Administrator must consider any
submissions made by the person within
the period specified under subsection
(3)(d) before deciding whether to make
the declaration.
(5) For the purposes of this section, where 2
or more cancellations of a prescribed
building services licence arise, in
substance, out of the same circumstances,
the Administrator may treat those
cancellations as a single cancellation.
37H. Revocation of declaration
(1) A person declared to be a permanently
excluded person may apply in writing to
the Administrator for revocation of the
declaration.
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(2) On receiving an application under
subsection (1), the Administrator may
revoke the declaration if the
Administrator considers it appropriate to
do so, having regard to any matters the
Administrator considers relevant.
37I. Publication of details of excluded persons
and permanently excluded persons
(1) In this section –
relevant details, for a person, means –
(a) the person’s full name and
business address; and
(b) any other name by which the
person is, or has been, known;
and
(c) in the case of an excluded person,
the period of the 3-year
exclusion; and
(d) such other particulars as may be
prescribed.
(2) The Administrator may make the
following information publicly available
on a website operated by, or on behalf of,
the Administrator:
(a) relevant details of persons whose
applications for licences have
been refused under
section 37B(1A);
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(b) relevant details of persons whose
applications for licences have
been refused under
section 37C(4A);
(c) relevant details of persons who
have been disqualified under
section 37E(6A) from holding a
prescribed building services
licence by virtue of holding
deemed registration;
(d) relevant details of persons whose
licences have been cancelled
under section 37F;
(e) relevant details of persons
declared to be permanently
excluded persons under
section 37G.
(3) Before deciding whether to publish a
person’s relevant details under
subsection (2), the Administrator must –
(a) give the person written notice of
the proposed publication,
including the relevant details
proposed to be published; and
(b) invite the person to make written
submissions to the Administrator
within the period specified in the
notice; and
(c) consider any submissions
received within that period.
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(4) After considering any submissions
received under subsection (3), the
Administrator may, if the Administrator
considers it appropriate in the
circumstances, decide to –
(a) publish the person’s relevant
details; or
(b) not publish the person’s relevant
details; or
(c) publish only some of the person’s
relevant details.
(5) The Administrator may publish relevant
details (or some of the relevant details)
for a person under this section only if –
(a) the Administrator has decided
under subsection (4) to publish
those details; and
(b) any period for applying for
review of the decision, or for
appealing against a decision made
on review, has ended; and
(c) any such review or appeal has
been finally determined or is not
proceeded with.
37J. Offences if excluded person or permanently
excluded person employed
(1) An organisation, whether incorporated or
unincorporated, that holds a prescribed
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building services licence must not
employ, appoint or engage a person as a
director, secretary, partner or influential
person if the person is an excluded
person or a permanently excluded
person.
Penalty: In the case of –
(a) a body corporate, a fine
not exceeding 400 penalty
units; or
(b) an individual, a fine not
exceeding 200 penalty
units.
(2) It is a defence in proceedings for an
offence under subsection (1) if the
defendant establishes that –
(a) the defendant did not know, and
could not reasonably have been
expected to know, that the
director, secretary, partner or
influential person was an
excluded person or a permanently
excluded person; or
(b) after becoming aware that the
director, secretary, partner or
influential person was an
excluded person or a permanently
excluded person, the defendant
removed the person from the
relevant position within 28 days.
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(3) A person commits an offence if the
person accepts appointment as, or
continues to act as, a director, secretary,
partner or influential person for an
organisation, whether incorporated or
unincorporated, that holds a prescribed
building services licence while the
person is an excluded person or a
permanently excluded person.
Penalty: A fine not exceeding 200 penalty
units.
(4) An organisation, whether incorporated or
unincorporated, must not use a
prescribed building services licence to
enter into a contract for building services
work with another person if a director,
secretary, partner or influential person
for that organisation is an excluded
person or a permanently excluded
person.
Penalty: In the case of –
(a) a body corporate, a fine
not exceeding 400 penalty
units; or
(b) an individual, a fine not
exceeding 200 penalty
units.
Occupational Licensing Amendment Act 2026
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Part 2 – Occupational Licensing Act 2005 Amended s. 14
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14. Section 49 amended (Registers)
Section 49(4) of the Principal Act is amended by
omitting paragraph (k).
15. Section 79 amended (Reviewable decisions)
Section 79(1)(a) of the Principal Act is amended
as follows:
(a) by inserting “section 37AC(4), section
37AE,” after “section 37A(3),”;
(b) by inserting “section 37B(1A), section
37C(4A), section 37E(6A), section
37F(1), section 37G(1), section 37H(2),
section 37I(4)(a) or (c),” after
“section 37B(1)(a) or (b),”;
(c) by omitting “or section 57(1)” and
substituting “, section 57(1) or section
93(1)”.
16. Section 91 amended (Notice of intent to take
disciplinary action)
Section 91 of the Principal Act is amended as
follows:
(a) by omitting subparagraph (iii) from
subsection (2)(b);
(b) by omitting subsection (5) and
substituting the following subsection:
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(5) The Administrator may, for the
purposes of determining whether
disciplinary action should be
taken against a licence holder,
conduct such investigations as the
Administrator thinks fit.
17. Section 92 repealed
Section 92 of the Principal Act is repealed.
18. Section 93 amended (Disciplinary action)
Section 93(1) of the Principal Act is amended as
follows:
(a) by omitting “a recommendation of a
disciplinary panel” and substituting “the
licence holder’s written response, if any,
to a notice under section 91”;
(b) by omitting from paragraph (g) “,
including the reasonable costs of that
person attending the disciplinary panel”.
19. Section 94 repealed
Section 94 of the Principal Act is repealed.
20. Section 104A inserted
After section 104 of the Principal Act, the
following section is inserted in Part 11:
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Part 2 – Occupational Licensing Act 2005 Amended s. 21
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104A. Review of amendments made by
Occupational Licensing Amendment Act 2026
The Minister is to –
(a) cause a review of the
amendments enacted by the
Occupational Licensing
Amendment Act 2026 to be made
in respect of the 3-year period
commencing on the
commencement of this section;
and
(b) ensure that the review is
completed, and cause a copy of a
report of the review to be laid
before each House of Parliament,
within 4 years after the
commencement of this section.
21. Schedule 5 amended (Transitional and Savings
Provisions)
Schedule 5 to the Principal Act is amended by
inserting after clause 9 in Division 3 of Part 4 the
following Part:
PART 5 – PROVISIONS RELATING TO THE OCCUPATIONAL
LICENSING AMENDMENT ACT 2026
Interpretation of Part
In this Part –
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s. 21 Part 2 – Occupational Licensing Act 2005 Amended
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commencement day means the day on
which section 7 of the
Occupational Licensing
Amendment Act 2026
commences;
former Act means the provisions of
the Occupational Licensing Act
2005 as in force immediately
before the commencement day.
2. Transitional provision for specified events
Despite section 37AB, for the purposes
of Division 3A, a specified event does
not include a bankruptcy event or an
insolvency event that occurred, or
commenced, before the commencement
day.
3. Transitional provision for disciplinary panel
(1) This clause applies if, immediately
before the commencement day, a
disciplinary matter that has been referred
to a disciplinary panel under section 92
of the former Act has not been
concluded.
(2) On and from the commencement day –
(a) the referral of the matter to the
disciplinary panel is taken to be
revoked; and
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(b) the disciplinary panel is taken to
be dissolved in relation to that
matter.
(3) As soon as practicable after the
commencement day, the disciplinary
panel must give to the Administrator –
(a) all documents and other material
provided to, or obtained by, the
panel in relation to the matter;
and
(b) any report, draft findings or other
record prepared by the panel in
relation to the matter.
(4) On and from the commencement day, the
matter is to be dealt with by the
Administrator under this Act as in force
on and after that day as if –
(a) the matter had not been referred
to a disciplinary panel; and
(b) any investigation undertaken by
the panel had been undertaken by
the Administrator.
(5) Without limiting subclause (4), the
Administrator may –
(a) have regard to any documents or
other material provided under
subclause (3); and
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(b) take disciplinary action under
section 93.
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Act No. of 2026
Part 3 – Building Act 2016 Amended s. 22
37
PART 3 – BUILDING ACT 2016 AMENDED
22. Principal Act
In this Part, the Building Act 2016* is referred to
as the Principal Act.
23. Section 99A inserted
After section 99 of the Principal Act, the
following section is inserted in Division 3:
99A. Excluded person not to perform notifiable
building work
A person must not perform any notifiable
building work if the person is an
excluded person, or a permanently
excluded person, under the Occupational
Licensing Act 2005.
Penalty: In the case of –
(a) a natural person, a fine
not exceeding 100 penalty
units; or
(b) a body corporate, a fine
not exceeding 500 penalty
units.
*No. 25 of 2016
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s. 24 Part 3 – Building Act 2016 Amended
38
24. Section 148A inserted
After section 148 of the Principal Act, the
following section is inserted in Division 3:
148A. Excluded person not to perform permit
building work
A person must not perform permit
building work if the person is an
excluded person, or a permanently
excluded person, under the Occupational
Licensing Act 2005.
Penalty: In the case of –
(a) a natural person, a fine
not exceeding 100 penalty
units; or
(b) a body corporate, a fine
not exceeding 500 penalty
units.
Occupational Licensing Amendment Act 2026
Act No. of 2026
Part 4 – Residential Building Work Contracts and Dispute Resolution Act
2016 Amended
s. 25
39
PART 4 – RESIDENTIAL BUILDING WORK
CONTRACTS AND DISPUTE RESOLUTION ACT 2016
AMENDED
25. Principal Act
In this Part, the Residential Building Work
Contracts and Dispute Resolution Act 2016* is
referred to as the Principal Act.
26. Section 78A inserted
After section 78 of the Principal Act, the
following section is inserted in Part 11:
78A. Excluded person not to enter into residential
building work contract
A building contractor must not enter into
a residential building work contract if, at
the time the contract is entered into, the
building contractor is an excluded person
or a permanently excluded person under
the Occupational Licensing Act 2005.
Penalty: In the case of –
(a) a body corporate, a fine
not exceeding 800 penalty
units; or
*No. 32 of 2016
Occupational Licensing Amendment Act 2026
Act No. of 2026
s. 26 Part 4 – Residential Building Work Contracts and Dispute Resolution Act
2016 Amended
40
(b) an individual, a fine not
exceeding 300 penalty
units.