171Registration

171 Registration (1) The Authority must register an applicant as a building practitioner in a category or class if the Authority is satisfied that— S. 171(1)(a) amended by Nos 46/2018 s. 14(1), 40/2021 s. 21(1)(a). (a) in the case of registration other than registration under paragraph (ab) or (ac), if the applicant is a natural person, the applicant either— S. 171(1)(a)(i) amended by No. 40/2021 s. 21(1)(b). (i) holds the prescribed qualification and prescribed experience for the registration; or S. 171(1)(a)(ii) amended by No. 40/2021 s. 21(1)(c). (ii) unless the regulations otherwise provide in relation to a particular category or class, holds a qualification that the Authority considers is, either alone or together with any further knowledge, certificate, authority, experience or examination equivalent to a prescribed qualification; and S. 171(1)(ab) inserted by No. 46/2018 s. 14(2), substituted by No. 40/2021 s. 21(2). (ab) in the case of registration as a builder in a class of builder that authorises the carrying out of a type of building work prescribed for the purposes of section 169EA, if the applicant is a natural person— (i) the applicant holds— (A) the prescribed qualification for the registration; or (B) (unless the regulations otherwise provide in relation to a particular class) holds a qualification that the Authority considers is, either alone or together with any further knowledge, certificate, authority, experience or examination, equivalent to the prescribed qualification; and (ii) the applicant has any prescribed experience for the registration; and (iii) the applicant has or holds any prescribed prerequisite for the registration; and A registration under this paragraph is subject to a condition that the registered person must not carry out building work other than as a subcontractor (unless the cost of the work is less than the amount prescribed for the purposes of section 24B(2) or the building work is not domestic building work and does not require a building permit) or as an employee—see section 171H. S. 171(1)(ac) inserted by No. 40/2021 s. 21(3). (ac) in the case of provisional registration as a builder in a class of builder that authorises the carrying out of a type of building work prescribed for the purposes of section 169EA, if the applicant is a natural person— (i) the applicant holds— (A) the prescribed qualification for the registration; or (B) (unless the regulations otherwise provide in relation to a particular class) a qualification that the Authority considers is, either alone or together with any further knowledge, certificate, authority, experience or examination, equivalent to the prescribed qualification; or (C) the prescribed knowledge for registration; and (ii) the applicant has any prescribed experience for the registration; and (iii) the applicant has or holds any prescribed prerequisite for the registration; and A registration under this paragraph is subject to a condition that the provisionally registered person must not carry out building work other than as a subcontractor (unless the cost of the work is less than the amount prescribed for the purposes of section 24B(2) or the building work is not domestic building work and does not require a building permit) or as an employee—see section 171H. S. 171(1)(b) substituted by No. 40/2021 s. 21(4). (b) if the applicant is a body corporate— (i) in the case of an applicant for provisional registration, the requirements in sections 171A(2)(b) and 171B have been met; or (ii) in any other case, the requirements in sections 171A and 171B have been met; and (c) if the applicant carries on business, or intends to carry on business, as a building practitioner as a member of a partnership, the requirements in section 171C have been met; and S. 171(1)(d) amended by No. 40/2021 s. 21(5). (d) the applicant, other than an applicant for provisional registration, is a fit and proper person to be registered having regard to— (e) the applicant is not an excluded person; and (f) the applicant has paid the appropriate application fee— (g) the applicant meets any other prescribed requirements. S. 171(1A) inserted by No. 46/2018 s. 14(3), substituted by No. 40/2021 s. 21(6). (1A) If the applicant is a body corporate that has applied for registration in a class of builder and a nominee director of the body corporate referred to in section 171B(2)(a) or (b) is— (a) registered as a provisional builder subcontractor in that class, the body corporate can only be granted registration as a provisional builder subcontractor in that class; or (b) registered as a builder subcontractor in that class, the body corporate can only be granted registration as a builder subcontractor in that class. (2) The Authority must refuse an application for registration if it is not satisfied of the matters specified in subsection (1). S. 171(2A) inserted by No. 40/2021 s. 21(7). (2A) If the Authority determines to refuse an application for registration under subsection (1)(ab) solely on the ground that the applicant does not meet the requirements in that subsection, the Authority may, with the consent of the applicant, determine the application as if it were an application made under section 170 for a provisional registration. (3) The Authority is not required to conduct a hearing to determine whether to grant a registration or refuse to grant a registration. S. 171A inserted by No. 21/2017 s. 7.