1Plumbers, Gas Fitters and Electricians Act 1995

South Australia Plumbers, Gas Fitters and Electricians Act 1995 An Act to regulate plumbers, gas fitters and electricians; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Non-derogation 5 Commissioner responsible for administration of Act Part 2—Licensing of contractors 6 Obligation of contractors to be licensed 7 Classes of licence 8 Application for licence 9 Entitlement to be licensed 10 Reviews 10A Power of Commissioner to require photograph and information 11 Duration of licence and periodic fee and return etc 12 Licensed contractor's work to be carried out by registered worker Part 3—Registration of workers 13 Obligation of workers to be registered 14 Classes of registration 15 Application for registration 16 Entitlement to be registered 17 Reviews 17A Power of Commissioner to require photograph and information 18 Duration of registration and periodic fee and return etc Part 3A—Suspension or variation of licence or registration in urgent circumstances 18A Commissioner may suspend or impose conditions on licence or registration in urgent circumstances Part 3B—Cancellation, suspension or variation of licence or registration 18B Commissioner may cancel, suspend or impose conditions on licence or registration Part 4—Discipline 19 Interpretation of Part 20 Cause for disciplinary action 21 Complaints 22 Hearing by Tribunal 23 Participation of assessors in disciplinary proceedings 24 Disciplinary action 25 Contravention of orders Part 6—Miscellaneous 27 Delegations 28 Agreement with professional organisation 29 Exemptions 30 Registers 31 Commissioner and proceedings before Tribunal 32 False or misleading information 33 Name in which contractor may carry on business 33A Publication of advertisements 33B Requirements for contracts for domestic plumbing, gas fitting or electrical work that contain a charging clause 34 Statutory declaration 35 Investigations 36 General defence 37 Liability for act or default of officer, employee or agent 39 Continuing offence 40 Prosecutions 41 Evidence 42 Service of documents 43 Annual report 44 Regulations Schedule 2—Transitional provisions 2 Transitional Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Plumbers, Gas Fitters and Electricians Act 1995. 3—Interpretation In this Act, unless the contrary intention appears— Commissioner means the Commissioner for Consumer Affairs; contractor means a plumbing contractor, a gas fitting contractor or an electrical contractor; director of a body corporate includes— (a) a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and (b) any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act; draining work means the installation, alteration, repair, maintenance or disconnection of sanitary drains or stormwater drains, and includes work of a class prescribed by regulation; electrical contractor means a person who carries on the business of performing electrical work for others; electrical installation means the whole or part of any system or equipment wherever situated intended for the conveyance, control, measurement or use of electricity supplied or intended to be supplied by a person or body that supplies electricity to the public at a voltage above extra low voltage as defined in Australian Standard AS3000 Wiring Rules; electrical work means the installation, alteration, repair or maintenance of an electrical installation, and includes work of a class prescribed by regulation; electrical worker means a person who personally carries out electrical work; equipment includes fittings, fixtures, appliances and devices; gas means a gaseous fuel consisting of hydrocarbons or predominantly of hydrocarbons; gas fitting means the installation, alteration, repair, maintenance or disconnection of any pipes or equipment to convey or utilise gas (including associated gas ventilation equipment) downstream of— (a) the outlet of a meter installed for measuring consumption of reticulated gas supplied by a licensed gas supplier under the Gas Act 1988; or (b) the outlet of any gas storage tank or cylinder, and includes work of a class prescribed by regulation; gas fitting contractor means a person who carries on the business of performing gas fitting for others; gas fitting worker means a person who personally carries out gas fitting; licence means a licence under Part 2; and licensed and licensee have corresponding meanings; perform, in relation to plumbing, gas fitting or electrical work, includes— (a) cause such work to be performed; or (b) organise or arrange for the performance of such work; plumbing means water plumbing work, sanitary plumbing work or draining work or the installation or testing of backflow prevention devices; plumbing contractor means a person who carries on the business of performing plumbing for others; plumbing worker means a person who personally carries out plumbing; registration means registration under Part 3; and registered has a corresponding meaning; sanitary drain means pipes and equipment to collect and convey wastewater from a sanitary plumbing installation to an on-site wastewater treatment facility or a public sewerage or effluent disposal system; sanitary plumbing work means the installation, alteration, repair, maintenance or disconnection of pipes or equipment to receive and convey wastewater to sanitary drains (including associated plumbing ventilation equipment), and includes work of a class prescribed by regulation; stormwater drain means pipes and equipment to collect and convey stormwater to a public stormwater disposal system; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; water plumbing means the installation, alteration, repair, maintenance or disconnection of pipes or equipment (including water heaters) to be connected directly or indirectly to a public water supply system, and includes work of a class prescribed by regulation; worker means a plumbing worker, a gas fitting worker or an electrical worker. 4—Non-derogation The provisions of this Act are in addition to and do not derogate from the provisions of any other Act. 5—Commissioner responsible for administration of Act The Commissioner is responsible, subject to the control and directions of the Minister, for the administration of this Act. Part 2—Licensing of contractors 6—Obligation of contractors to be licensed (1) A person must not— (a) carry on business as a plumbing contractor, a gas fitting contractor or an electrical contractor except as authorised by a licence under this Part; or (b) advertise or otherwise hold himself or herself out as being entitled to carry on business as a plumbing contractor, a gas fitting contractor or an electrical contractor unless authorised to carry on business as such a contractor by a licence under this Part. Maximum penalty: (a) for an offence committed by a natural person— (i) for a first or second offence—$100 000; (ii) for a third or subsequent offence—$150 000 or imprisonment for 12 months or both; (b) for an offence committed by a body corporate— (i) for a first or second offence—$500 000; (ii) for a third or subsequent offence—$550 000. Expiation fee: $5 000. (2) A person required by this Act to be licensed as a contractor is not entitled to any fee or other consideration in respect of work performed as a contractor unless— (a) the person was authorised to perform the work under a licence; or (b) a court hearing proceedings for recovery of the fee or other consideration is satisfied that the person's failure to be so authorised resulted from inadvertence only. (3) The Commissioner may, on application, exempt a person from compliance with this section subject to such conditions as the Commissioner thinks fit. (4) The Commissioner may vary or revoke an exemption granted under subsection (3) as the Commissioner thinks fit. 7—Classes of licence (1) There are the following classes of licences for the purposes of this Act: (a) plumbing contractors licence—a licence authorising a person to carry on business as a plumbing contractor; (b) gas fitting contractors licence—a licence authorising a person to carry on business as a gas fitting contractor; (c) electrical contractors licence—a licence authorising a person to carry on business as an electrical contractor; (d) restricted licence— (i) a plumbing contractors licence subject to conditions limiting the work that may be performed under the authority of the licence— (A) to water plumbing work; (B) to sanitary plumbing work; (C) to draining work; (D) in any other way; (ii) a gas fitting contractors licence subject to conditions limiting (in any way) the work that may be performed under the authority of the licence; (iii) an electrical contractors licence subject to conditions limiting (in any way) the work that may be performed under the authority of the licence. (2) Conditions limiting the work that may be performed under the authority of a licence— (a) may be imposed by the Commissioner— (i) on the grant of the licence; or (ii) at any time on application by the licensee; and (b) may be varied or revoked by the Commissioner at any time on application by the licensee. 8—Application for licence (1) An application for a licence must— (a) be made to the Commissioner in the manner and form approved by the Commissioner; and (b) be accompanied by the fee fixed by regulation. (2) An applicant for a licence must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant and any other information required by the Commissioner for the purposes of determining the application. (3) A licence granted to a natural person will include a photograph of the holder of the licence; consequently, an applicant for a licence who is a natural person may be required by the Commissioner— (a) to attend at a specified place for the purpose of having the applicant's photograph taken; or (b) to supply the Commissioner with one or more photographs of the applicant as specified by the Commissioner. (4) If an applicant for a licence has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty. (5) The Commissioner may, by notice in writing, require an applicant for a licence, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction. (6) If the applicant fails to comply with the notice under subsection (5), the Commissioner may, without further notice, refuse the application but keep the fee that accompanied the application. 9—Entitlement to be licensed (1) A natural person is entitled to be granted a licence if the person— (a) has— (i) the qualifications and experience required by regulation for the kind of work authorised by the licence; or (ii) subject to the regulations, qualifications and experience that the Commissioner considers appropriate having regard to the kind of work authorised by the licence; and (b) is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and (c) subject to subsection (1a)— (i) is not an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and (ii) has not, during the period of 5 years preceding the application for the licence, been a director of a body corporate wound up for the benefit of creditors— (A) when the body corporate was being so wound up; or (B) within the period of 6 months preceding the commencement of the winding up; and (e) has sufficient business knowledge and experience and financial resources for the purpose of properly carrying on the business authorised by the licence; and (f) is a fit and proper person to be the holder of a licence. (1a) Subject to the regulations, a natural person referred to in subsection (1)(c) may be granted a licence subject to conditions limiting the work that may be performed under the authority of the licence to work as a subcontractor. (2) A body corporate is entitled to be granted a licence if— (a) the body corporate— (i) is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and (ii) is not being wound up and is not under official management or in receivership; and (b) no director of the body corporate— (i) is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; or (ii) has, during the period of five years preceding the application for the licence, been a director of a body corporate wound up for the benefit of creditors— (A) when the body corporate was being so wound up; or (B) within the period of six months preceding the commencement of the winding up; and (c) the directors of the body corporate together have sufficient business knowledge and experience for the purpose of properly directing the business authorised by the licence; and (d) the body corporate has sufficient financial resources for the purpose of properly carrying on the business authorised by the licence; and (e) each director of the body corporate is a fit and proper person to be the director of a body corporate that is the holder of a licence. (3) Where, on an application for a licence, the Commissioner— (a) is not satisfied that the applicant meets requirements as to qualifications, business knowledge, experience or financial resources; but (b) is satisfied that the applicant proposes to carry on business as a contractor in partnership with a person who does meet those requirements, the Commissioner may, subject to the other provisions of this section, grant a licence to the applicant subject to the condition that the applicant not carry on business under the licence except in partnership with that person or some other person approved by the Commissioner. 10—Reviews (1) An applicant for a licence may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Commissioner refusing the application. (2) Subject to subsection (4), an application for review must be made within 1 month of the making of the Commissioner's decision. (3) The Commissioner must, if so required by the applicant, state in writing the reasons for the Commissioner's decision to refuse the application. (4) If the reasons of the Commissioner are not given in writing at the time of making the decision and the applicant (within one month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the applicant receives the written statement of those reasons. 10A—Power of Commissioner to require photograph and information The Commissioner may, by notice in writing, require a licensed contractor, within a time fixed by the notice (which may not be less than 28 days after service of the notice)— (a) at least once in every 10 years— (i) to attend at a specified place for the purpose of having the contractor's photograph taken; or (ii) to supply the Commissioner with one or more photographs of the contractor as specified by the Commissioner; and (b) not more than once in each year—to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the contractor and information about any other specified matters. 11—Duration of licence and periodic fee and return etc (1) A licence remains in force (except for any period for which it is suspended) until— (a) the licence is surrendered or cancelled; or (b) the licensed contractor dies or, in the case of a licensed body corporate, is dissolved. (2) A licensed contractor must, at intervals fixed by regulation— (a) pay to the Commissioner the fee fixed by regulation; and (b) lodge with the Commissioner a return in the manner and form required by the Commissioner. (3) If a licensed contractor fails to pay the fee or lodge the return in accordance with subsection (2), or to comply with a notice under section 10A, the Commissioner may, by notice in writing, require the contractor to make good the default. (4) If the licensed contractor fails to comply with the notice within 28 days after service of the notice, the contractor's licence is cancelled. (5) The Commissioner must notify the contractor in writing of the cancellation of the contractor's licence. (6) A licensed contractor may surrender the licence. (7) In this section— licensed contractor includes a licensed contractor whose licence has been suspended. 12—Licensed contractor's work to be carried out by registered worker If plumbing, gas fitting or electrical work performed in the course of a licensed contractor's business is not carried out personally by a registered worker authorised to carry out such work, the licensed contractor is guilty of an offence. Maximum penalty: $50 000. Expiation fee: $5 000. Part 3—Registration of workers 13—Obligation of workers to be registered A person must not— (a) act as a plumbing worker, a gas fitting worker or an electrical worker except as authorised by registration under this Part; or (b) advertise or otherwise hold himself or herself out as being legally entitled, or qualified or competent, to carry out personally plumbing, gas fitting or electrical work unless authorised to carry out that work by registration under this Part. Maximum penalty: (a) for a first or second offence—$100 000; (b) for a third or subsequent offence—$150 000 or 12 months imprisonment or both. Expiation fee: $5 000. 14—Classes of registration (1) There are the following classes of registration for the purposes of this Act: (a) plumbing workers registration—registration authorising a person to act as a plumbing worker; (b) gas fitting workers registration—registration authorising a person to act as a gas fitting worker; (c) electrical workers registration—registration authorising a person to act as an electrical worker; (d) restricted registration— (i) registration as a plumbing worker subject to conditions limiting the work that may be carried out under the authority of the registration— (A) to water plumbing work; (B) to sanitary plumbing work; (C) to draining work; (D) in any other way; (ii) registration as a gas fitting worker subject to conditions limiting (in any way) the work that may be carried out under the authority of the registration; (iii) registration as an electrical worker subject to conditions limiting (in any way) the work that may be carried out under the authority of the registration. (2) Conditions limiting the work that may be carried out under the authority of registration— (a) may be imposed by the Commissioner— (i) on the grant of the registration; or (ii) at any time on application by the registered worker; and (b) may be varied or revoked by the Commissioner at any time on application by the registered worker. 15—Application for registration (1) An application for registration must— (a) be made to the Commissioner in the manner and form approved by the Commissioner; and (b) be accompanied by the fee fixed by regulation. (2) An applicant for registration must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant and any other information required by the Commissioner for the purposes of determining the application. (3) A certificate of registration will include a photograph of the registered worker; consequently, an applicant for registration may be required by the Commissioner— (a) to attend at a specified place for the purpose of having the applicant's photograph taken; or (b) to supply the Commissioner with one or more photographs of the applicant as specified by the Commissioner. (4) If an applicant for registration has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty. (5) The Commissioner may, by notice in writing, require an applicant for registration, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction. (6) If the applicant fails to comply with the notice under subsection (5), the Commissioner may, without further notice, refuse the application but keep the fee that accompanied the application. 16—Entitlement to be registered A natural person is entitled to be registered if the person— (a) has— (i) the qualifications and experience required by regulation for the kind of work authorised by the registration; or (ii) subject to the regulations, qualifications and experience that the Commissioner considers appropriate having regard to the kind of work authorised by the registration; and (b) is a fit and proper person to be registered. 17—Reviews (1) An applicant for registration may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Commissioner refusing the application. (2) Subject to subsection (4), an application for review must be made within 1 month of the making of the Commissioner's decision. (3) The Commissioner must, if so required by the applicant, state in writing the reasons for the Commissioner's decision to refuse the application. (4) If the reasons of the Commissioner are not given in writing at the time of making the decision and the applicant (within one month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the applicant receives the written statement of those reasons. 17A—Power of Commissioner to require photograph and information The Commissioner may, by notice in writing, require a registered worker, within a time fixed by the notice (which may not be less than 28 days after service of the notice)— (a) at least once in every 10 years— (i) to attend at a specified place for the purpose of having the worker's photograph taken; or (ii) to supply the Commissioner with one or more photographs of the worker as specified by the Commissioner; and (b) not more than once in each year—to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the worker and information about any other specified matters. 18—Duration of registration and periodic fee and return etc (1) Registration remains in force (except for any period for which it is suspended) until— (a) the registration is surrendered or cancelled; or (b) the registered worker dies. (2) A registered worker must, at intervals fixed by regulation— (a) pay to the Commissioner the fee fixed by regulation; and (b) lodge with the Commissioner a return in the manner and form required by the Commissioner. (3) If a registered worker fails to pay the fee or lodge the return in accordance with subsection (2), or to comply with a notice under section 17A, the Commissioner may, by notice in writing, require the worker to make good the default. (4) If the registered worker fails to comply with the notice within 28 days after service of the notice, his or her registration is cancelled. (5) The Commissioner must notify the worker in writing of the cancellation of his or her registration. (6) A registered worker may surrender his or her registration. (7) In this section— registered worker includes a registered worker whose registration has been suspended. Part 3A—Suspension or variation of licence or registration in urgent circumstances 18A—Commissioner may suspend or impose conditions on licence or registration in urgent circumstances (1) If the Commissioner is of the opinion that— (a) there are reasonable grounds to believe that a licensed contractor or a registered worker has engaged or is engaging in conduct that constitutes grounds for disciplinary action under Part 4; and (b) it is likely that the contractor or worker will continue to engage in that conduct; and (c) there is a danger that a person or persons may suffer significant harm, or significant loss or damage, as a result of the conduct unless action is taken urgently, the Commissioner may, by notice served on the contractor or worker— (d) suspend the licence or registration for a specified period (not exceeding 6 months) or until the fulfilment of stipulated conditions; or (e) impose conditions on the licence or registration. (2) If the Commissioner (on his or her own motion or on an application under section 7 or 14) is satisfied that the facts and circumstances that gave rise to the imposition of conditions on a licence or registration under this section have so altered that the imposition of the conditions is no longer necessary, the Commissioner must, by further notice specifying the date of termination, terminate the imposition of the conditions. (3) If, during the suspension of a licence or registration under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have so altered that the suspension should be terminated, the Commissioner must, by further notice specifying the date of termination, terminate the suspension without delay and restore the licence or registration to the person (either in the form in which it existed prior to the suspension or subject to new conditions). (4) A person whose licence or registration is suspended or made subject to conditions under this section may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision of the Commissioner to suspend the licence or registration or to impose the conditions. (5) Subject to subsection (7), an application for review must be made within 1 month of the making of the relevant decision of the Commissioner. (6) The Commissioner must, if so required by the person whose licence or registration has been suspended or made subject to conditions, state in writing the reasons for the Commissioner's decision. (7) If the reasons of the Commissioner are not given in writing at the time of making the decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons. (9) This section applies in relation to conduct occurring before or after the commencement of this section. Part 3B—Cancellation, suspension or variation of licence or registration 18B—Commissioner may cancel, suspend or impose conditions on licence or registration (1) If the Commissioner is satisfied that events have occurred such that— (a) a licensed contractor would not be entitled to be so licensed if the person were to apply for the licence; or (b) a registered worker would not be entitled to be so registered if the person were to apply for registration, the Commissioner may, by notice served on the person— (c) cancel the licence or registration; or (d) suspend the licence or registration for a specified period or until the fulfilment of stipulated conditions; or (e) impose conditions on the licence or registration. (2) If, during the suspension of a licence or registration under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have altered, the Commissioner may, by further notice specifying the date of termination, terminate the suspension and restore the licence or registration to the person (either in the form in which it existed prior to the suspension or subject to new conditions). (3) A person whose licence or registration is cancelled, suspended or made subject to conditions under this section may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision of the Commissioner to cancel or suspend the licence or registration or to impose the conditions. (4) Subject to subsection (6), an application for review must be made within 1 month of the making of the relevant decision of the Commissioner. (5) The Commissioner must, if so required by the person whose licence or registration has been cancelled or suspended or made subject to conditions, state in writing the reasons for the Commissioner's decision. (6) If the reasons of the Commissioner are not given in writing at the time of making the decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons. (8) This section applies in relation to conduct occurring before or after the commencement of this section. Part 4—Discipline 19—Interpretation of Part In this Part— contractor includes— (a) a former contractor; and (b) a person licensed as a contractor, whether or not carrying on business as a contractor; and (c) a person formerly licensed as a contractor; director of a body corporate includes a former director of a body corporate; worker includes— (a) a former worker; and (b) a person registered as a worker whether or not acting as a worker; and (c) a person formerly registered as a worker. 20—Cause for disciplinary action (1) There is proper cause for disciplinary action against a contractor if— (a) licensing of the contractor was improperly obtained; or (b) the contractor has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987; or (c) the contractor or another person has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of conducting, or being employed or otherwise engaged in, the business of the contractor; or (d) events have occurred such that the contractor would not be entitled to be licensed as a contractor if the contractor were to apply for a licence. (2) There is proper cause for disciplinary action against a worker if— (a) registration of the worker was improperly obtained; or (b) the worker has acted unlawfully, improperly, negligently or unfairly in the course of acting as a worker. (3) Disciplinary action may be taken against each director of a body corporate that is a contractor if there is proper cause for disciplinary action against the body corporate. (4) Disciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented the act or default. (5) This section applies in relation to conduct occurring before or after the commencement of this Act. 21—Complaints The Commissioner or any other person may lodge with the Tribunal a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this Part. 22—Hearing by Tribunal (1) On the lodging of a complaint, the Tribunal may conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this Part. (2) Without limiting the usual powers of the Tribunal, the Tribunal may during the hearing— (a) allow an adjournment to enable the Commissioner to investigate or further investigate matters to which the complaint relates; and (b) allow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Tribunal may think fit to impose. 23—Participation of assessors in disciplinary proceedings (1) For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of— (a) persons representative of persons involved in work regulated under this Act; and (b) persons representative of members of the public who deal with persons involved in work regulated under this Act, who have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal under this Part. (2) In any proceedings under this Part, the Tribunal will, if the President so determines, sit with 1 or more assessors from the panel. (3) In this section— President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013. 24—Disciplinary action (1) On the hearing of a complaint, the Tribunal may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by an order or orders do one or more of the following: (a) reprimand the person; (b) impose a fine not exceeding $20 000 on the person; (c) in the case of a person who is licensed as a contractor or registered as a worker— (i) impose conditions or further conditions on the licence or registration; (ii) suspend the licence or registration for a specified period or until the fulfilment of stipulated conditions or until further order; (iii) cancel the licence or registration; (d) disqualify the person from being licensed or registered under this Act; (e) prohibit the person from being employed or otherwise engaged in the business of a contractor; (f) prohibit the person from being a director of a body corporate that is a contractor. (2) The Tribunal may— (a) stipulate that a disqualification or prohibition is to apply— (i) permanently; or (ii) for a specified period; or (iii) until the fulfilment of stipulated conditions; or (iv) until further order; or (b) stipulate that an order relating to a person is to have effect at a specified future time. (3) If— (a) a person has been found guilty of an offence; and (b) the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the person is not liable to a fine under this section in respect of conduct giving rise to the offence. 25—Contravention of orders If a person— (a) is employed or otherwise engages in the business of a contractor; or (b) becomes a director of a body corporate that is a contractor, in contravention of an order of the Tribunal, that person and the contractor are each guilty of an offence. Maximum penalty: $150 000 or 6 months imprisonment. Part 6—Miscellaneous 27—Delegations (1) The Commissioner may delegate any of the Commissioner's functions or powers under this Act— (a) to a person employed in the Public Service; or (b) to the person for the time being holding a specified position in the Public Service; or (c) to any other person under an agreement under this Act between the Commissioner and an organisation representing the interests of persons affected by this Act. (2) The Minister may delegate any of the Minister's functions or powers under this Act (except the power to direct the Commissioner). (3) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not prevent the delegator from acting in any matter. 28—Agreement with professional organisation (1) The Commissioner may, with the approval of the Minister, make an agreement with an organisation representing the interests of persons affected by this Act under which the organisation undertakes a specified role in the administration or enforcement of this Act. (2) The agreement— (a) must be in writing and executed by the Commissioner and the organisation; and (b) may contain delegations by the Commissioner of functions or powers under this Act or the Fair Trading Act 1987; and (c) must set out any conditions governing the performance or exercise of functions or powers conferred on the organisation; and (d) must make provision for the variation and termination of the agreement by the Commissioner with the approval of the Minister or the organisation. (3) The Commissioner may not delegate any of the following for the purposes of the agreement: (a) functions or powers under Part 2 or 3; (b) power to request the Commissioner of Police to investigate and report on matters under this Part; (c) power to commence a prosecution for an offence against this Act. (4) A delegation by the Commissioner for the purposes of the agreement— (a) has effect subject to the conditions specified in the agreement; and (b) may be varied or revoked by the Commissioner in accordance with the terms of the agreement; and (c) does not prevent the Commissioner from acting in any matter. (5) The Minister must, within six sitting days after the making of the agreement, cause a copy of the agreement to be laid before both Houses of Parliament. 29—Exemptions (1) The Minister may, on application by a person, exempt the person from compliance with a specified provision of this Act. (2) An exemption is subject to the conditions (if any) imposed by the Minister. (3) The Minister may, at his or her discretion, vary or revoke an exemption. (4) The grant or a variation or revocation of an exemption must be notified in the Gazette. 30—Registers (1) The Commissioner must keep— (a) a register of persons licensed as contractors; and (b) a register of persons registered as workers. (2) The Commissioner must record on the register— (a) disciplinary action taken against a person under this Act; and (b) a note of any assurance accepted by the Commissioner under the Fair Trading Act 1987 in relation to a licensed contractor. (2a) If any of the following events occur in relation to a person who is licensed as a contractor, or is a director of a body corporate that is licensed as a contractor, the Commissioner may record a note of the event on the register: (a) the person is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; (b) the person becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; (c) a body corporate is wound up for the benefit of creditors and the person was a director of the body corporate— (i) when the body corporate was being so wound up; or (ii) within the period of 6 months preceding the commencement of the winding up; (d) the person, being a body corporate, is being wound up or is under official management or in receivership. (3) A person may inspect a register on payment of the fee fixed by regulation. 31—Commissioner and proceedings before Tribunal (1) The Commissioner is entitled to be joined as a party to any proceedings of the Tribunal under this Act. (2) The Commissioner may appear personally in any such proceedings or may be represented at the proceedings by counsel or a person employed in the Public Service. (3) Subsection (1) applies in addition to section 53 of the South Australian Civil and Administrative Tribunal Act 2013. 32—False or misleading information A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act. Maximum penalty: (a) if the person made the statement knowing that it was false or misleading— (i) in the case of an offence committed by a natural person—$50 000; (ii) in the case of an offence committed by a body corporate—$500 000; (b) in any other case— (i) in the case of an offence committed by a natural person—$25 000; (ii) in the case of an offence committed by a body corporate—$250 000. 33—Name in which contractor may carry on business A licensed contractor must not carry on business as a contractor except in the name in which the contractor is licensed or in a business name registered by the contractor under the Business Names Registration Act 2011 of the Commonwealth of which the Commissioner has been given prior notice in writing. Maximum penalty: (a) in the case of an offence committed by a natural person—$50 000; (b) in the case of an offence committed by a body corporate—$250 000. Expiation fee: $5 000. 33A—Publication of advertisements (1) A licensed contractor must not publish, or cause to be published, an advertisement relating to the business carried on under the authority of the licence unless the advertisement specifies the contractor's licence number. Maximum penalty: $25 000. Expiation fee: $3 000. (2) Subsection (1) does not apply in relation to an advertisement offering or seeking applications for employment or directed to other licensed contractors. 33B—Requirements for contracts for domestic plumbing, gas fitting or electrical work that contain a charging clause (1) If a contract entered into to perform plumbing, gas fitting or electrical work on domestic property contains a charging clause, the following requirements must be complied with: (a) the contract must be in writing; (b) the contract must set out in full all the contractual terms; (c) the contract must set out the name in which the contractor carries on business under the contractor's licence, the contractor's licence number and the names and licence numbers of any other persons with whom the contractor carries on business as a contractor in partnership; (d) the contract must comply with any requirements of the regulations as to the contents of such contracts; (e) the contract must be signed by the contractor and the property owner personally or through an agent authorised to act on behalf of the contractor or property owner; (f) the property owner must be given a copy of the signed contract as soon as reasonably practicable after it has been signed by both parties together with a notice in the prescribed form containing the prescribed information; (g) the copy of the contract and the notice given to the property owner must (apart from signatures or initials) be readily legible. (2) If any of the requirements of subsection (1) is not complied with, the contractor is guilty of an offence. Maximum penalty: $25 000. Expiation fee: $3 000. (3) In this section— charging clause means a clause in a contract for the performance of plumbing, gas fitting or electrical work that gives the contractor the party to the contract a legal right to lodge a caveat over the property on which the contractor is performing work under the contract; domestic property means a house or other building intended for occupation as a place of residence but does not include property of a class prescribed by regulation. 34—Statutory declaration Where a person is required to provide information to the Commissioner, the Commissioner may require the information to be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Commissioner. 35—Investigations The Commissioner of Police must, at the request of the Commissioner, investigate and report on any matter relevant to— (a) the determination of an application under this Act; or (b) a matter that might constitute proper cause for disciplinary action under this Act. 36—General defence It is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. 37—Liability for act or default of officer, employee or agent For the purposes of this Act, an act or default of an officer, employee or agent of a person carrying on a business will be taken to be an act or default of that person unless it is proved that the officer, employee or agent acted outside the scope of his or her actual, usual and ostensible authority. 39—Continuing offence (1) A person convicted of an offence against a provision of this Act in respect of a continuing act or omission— (a) is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and (b) is, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence. (2) Where an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement. 40—Prosecutions (1) Proceedings for an offence against this Act must be commenced within 2 years of the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within 5 years of that date. (1a) An indictable offence against this Act must be prosecuted, and dealt with by the Magistrates Court, as a summary offence. (2) A prosecution for an offence against this Act cannot be commenced except by— (a) the Commissioner; or (b) an authorised officer under the Fair Trading Act 1987; or (c) a person who has the consent of the Minister to commence the prosecution. (3) In any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent. 41—Evidence In any proceedings, an apparently genuine document purporting to be a certificate of the Commissioner certifying— (a) that a person was or was not licensed as a contractor on a specified date; or (b) that a person was or was not registered as a worker on a specified date, will be accepted, in the absence of proof to the contrary, as proof of the matters so certified. 42—Service of documents (1) Subject to this Act, a notice or document required or authorised by this Act to be given to or served on a person may— (a) be served on the person personally; or (b) be posted in an envelope addressed to the person— (i) at the person's last known address; or (ii) where the person is a licensed contractor or registered worker—at the person's address for service; or (c) where the person is a licensed contractor—be left for the person at the address for service with someone apparently over the age of 16 years; or (d) be transmitted by facsimile transmission to a facsimile number provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission). (2) The address for service of a licensed contractor or registered worker is the address of which the Commissioner has been last notified in writing by the contractor or worker as the contractor's or worker's address for service. 43—Annual report (1) The Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June. (2) The Minister must, within six sitting days after receipt of the report, cause a copy of the report to be laid before each House of Parliament. 44—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) require licensed contractors or registered workers to comply with a code of conduct or practice; (b) fix fees to be paid in respect of any matter under this Act and provide for the recovery, refund, waiver or reduction of such fees; (c) exempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act; (d) impose a penalty (not exceeding $10 000) for contravention of, or non-compliance with, a regulation; (e) fix expiation fees, not exceeding $5 000, for alleged offences against the regulations. (3) Regulations under this Act— (a) may be of general application or limited application; (b) may make different provision according to the matters or circumstances to which they are expressed to apply; (c) may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Minister. (4) The regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time. (5) If a code is referred to in the regulations— (a) a copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and (b) evidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code. Schedule 2—Transitional provisions 2—Transitional (1) In this clause— former provisions means— (a) the Electrical Workers and Contractors Licensing Act 1966; (b) section 28 of the Gas Act 1988; (c) section 17B of the Sewerage Act 1929; (d) paragraph XIV of section 10(1) of the Waterworks Act 1932; (e) regulations under any of the above Acts or provisions. (2) Despite the other provisions of this Act but subject to this clause, the Commissioner must grant to a person holding a licence, registration or other authority under the former provisions immediately before the commencement of this Act a licence or registration of such a class and subject to such conditions as may be required to authorise the person to continue to carry on the business or carry out the work that was authorised by the licence, registration or other authority under the former provisions. (3) A licence or registration to be granted to a person under subclause (2) may be granted— (a) without any requirement for an application to be made or a fee to be paid; and (b) at any time before the date that was fixed under the former provisions as the next date of expiry of the licence, registration or other authority held by the person under the former provisions immediately before the commencement of this Act; and (c) so as to have effect from a date specified by the Commissioner. (4) Until a licence or registration is granted under this clause to a person referred to in subclause (2), the licence, registration or other authority held by the person under the former provisions continues in force, subject to this Act, as if it were a licence or registration (as the case may require) under this Act authorising the person to carry on the business or carry out the work that was authorised by the licence, registration or other authority under the former provisions. (5) Despite the other provisions of this Act, a person granted a licence or registration under this clause is not required to pay an annual licence fee or registration fee or lodge an annual return until the date that was fixed under the former provisions as the next date of expiry of the licence, registration or other authority held by the person under the former provisions immediately before the commencement of this Act. (6) In any proceedings, an apparently genuine document purporting to be a certificate of the Commissioner certifying that a person was or was not the holder of a specified licence, registration or other authority under the former provisions on a specified date will be accepted, in the absence of proof to the contrary, as proof of the matters so certified. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation repealed by principal Act The Plumbers, Gas Fitters and Electricians Act 1995 repealed the following: Electrical Workers and Contractors Licensing Act 1966 Legislation amended by principal Act The Plumbers, Gas Fitters and Electricians Act 1995 amended the following: Gas Act 1988 Sewerage Act 1929 Waterworks Act 1932 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1995 25 Plumbers, Gas Fitters and Electricians Act 1995 27.4.1995 1.7.1995 (Gazette 29.6.1995 p2977) 1996 34 Statutes Amendment (Common Expiation Scheme) Act 1996 2.5.1996 Sch (cl 27)—3.2.1997 (Gazette 19.12.1996 p1923) 1998 21 Statutes Amendment (Consumer Affairs) Act 1998 as amended by 22/1998 2.4.1998 Pt 8 (ss 22 & 23)—28.5.1998 (Gazette 28.5.1998 p2292) 1998 22 Statutes Amendment (Consumer Affairs) Amendment Act 1998 2.4.1998 2.4.1998 2000 4 District Court (Administrative and Disciplinary Division) Amendment Act 2000 20.4.2000 Sch 1 (cl 30)—1.6.2000 (Gazette 18.5.2000 p2554) 2001 47 Statutes Amendment (Consumer Affairs) Act 2001 11.10.2001 Pt 5 (ss 12—17)—1.11.2001 (Gazette 25.10.2001 p4686) 2008 5 Statutes Amendment (Advisory Panels Repeal) Act 2008 13.3.2008 Pt 3 (s 4)—13.3.2008 2009 39 Statutes Amendment and Repeal (Fair Trading) Act 2009 23.7.2009 Pt 7 (ss 49—51)—3.9.2009 (Gazette 3.9.2009 p4367) 2012 3 Business Names Registration (Transitional Arrangements) Act 2012 22.3.2012 Sch 1 (cl 10)—28.5.2012 (Gazette 19.4.2012 p1467) 2013 16 Statutes Amendment (Directors' Liability) Act 2013 23.5.2013 Pt 41 (s 87)—17.6.2013 (Gazette 6.6.2013 p2498) 2013 71 Statutes Amendment (Occupational Licensing) Act 2013 21.11.2013 Pt 6 (ss 22, 24, 25, 27 & 28)—1.11.2014 (Gazette 9.10.2014 p6095); ss 23, 26 & 29—21.11.2015 (Gazette 29.10.2015 p4742) 2017 7 Statutes Amendment and Repeal (Simplify) Act 2017 15.3.2017 Pt 25 (ss 97—99)—1.7.2017 (Gazette 22.6.2017 p2224) 2019 14 Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 21 (ss 130 to 142)—4.5.2020 (Gazette 27.2.2020 p442) 2025 68 Statutes Amendment (Building and Construction Industry Review—Penalties) Act 2025 4.12.2025 Pt 5 (ss 23 to 32)—15.1.2026 (Gazette 15.1.2026 p27) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002