2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

An Act to amend the Construction Occupations (Licensing) Act 2004 and the Unit Titles Act 2001

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Construction Occupations Legislation Amendment Act 2009.

(1) This Act (other than part 3) commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

(2) Part 3 commences on a day fixed by the Minister by written notice.

Note 1 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 2 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

This part amends the Construction Occupations (Licensing) Act 2004.

(j) works assessor.

(1) A building surveyor is an entity that provides, has provided or proposes to provide—

(a) a building certification service; or

(b) a works assessment service.

Note Works assessment service—see s 14A (2).

(2) A building certification service is the doing of building certification work.

(3) In this section:

building certification work means anything a building certifier may or must do under the Building Act 2004.

Note The Building Act 2004 requires a building surveyor to be appointed as a certifier before doing building certification work. It also restricts the building certification work certain building surveyors may do depending on their occupation class.

provides

provides, has provided or proposes to provide

(1) A works assessor is an entity who provides, has provided or proposes to provide a works assessment service.

(2) A works assessment service is the doing of works assessment work.

(3) In this section:

works assessment work means preparing and providing a unit title assessment report under the Unit Titles Act 2001.

Note Unit title assessment report—see the Unit Titles Act 2001, s 22B.

• Unit Titles Act 2001;

(1) A licensed construction practitioner is not entitled to perform services as a works assessor if the practitioner has an interest in the work (the works) to be considered for the works assessment service.

(2) For this section, a licensed construction practitioner has an interest in the works if the practitioner, or an entity related to the practitioner—

(a) has a legal or equitable interest in the land where the works are, or are to be, carried out; or

(b) has prepared, or intends to prepare, drawings intended to be used in relation to the works, unless—

(i) the works have been certified by another entity; and

(ii) the other entity is not related to the practitioner; or

(c) has carried out, or intends to carry out, any of the works; or

(d) has a financial interest in the construction or completion of the works.

(3) For this section, an entity is related to a licensed construction practitioner if the entity is—

(a) an entity with which the practitioner has a personal, professional, commercial or financial relationship; or

(b) an employer or employee of the practitioner; or

(c) a company of which the practitioner is a director or in which the practitioner holds a share.

(4) For this section, works have been certified if—

(a) a building approval has been issued for the works; or

(b) a development approval has been issued for the works; or

(c) a works assessment service has been provided for the works.

(1) This section applies if—

(a) an entity that is licensed in a construction occupation stops being eligible to provide a construction service for the construction occupation because the entity is not insured in accordance with the regulation; and

(b) the construction occupation is not divided into classes.

Note A regulation may divide a construction occupation into classes (see s 15).

(2) The entity’s licence is automatically suspended when the insurance cover stops.

(1) This section applies if an entity that is licensed in an occupation class stops being eligible to provide a construction service for the occupation class because the entity is not insured in accordance with the regulation.

Note A regulation may divide a construction occupation into classes (see s 15).

(2) The entity’s licence is automatically suspended in relation to the class when the insurance cover stops.

• section 51 (Automatic suspension licence—construction occupations);

• section 52 (Automatic suspension of licence—occupation classes).

a licensed building surveyor or plumbing plan certifier

licensed in a construction occupation or occupation class

(ha) works assessment;

works assessment service—see section 14A (2).

works assessor—see section 14A (1).

This part amends the Unit Titles Act 2001.

(5) The application must include—

(a) if not provided in a unit title assessment report included in the application—

(i) a certificate from a registered surveyor describing the degree to which any building (including an attachment to a building) on, or being constructed on, the parcel is situated in accordance with the application; and

(ii) if any existing or proposed attachment to a building on the parcel encroaches, or would encroach, on a public place—a plan prepared by a registered surveyor that shows—

(A) the nature and extent of the encroachment; and

(B) whether the encroachment is for use with a unit or the common property; and

(C) if the encroachment is for use with a unit—the unit to which the encroachment relates; and

Note Attachment, encroachment and public place—see the dictionary.

(b) if the parcel is prescribed by regulation—a unit title assessment report that is not more than 3 months old.

Note Unit title assessment report—see s 22B.

(4A) The planning and land authority may refuse to approve the application if—

(a) the applicant is required to provide the authority with a unit title assessment report under section 17 and—

(i) has not provided a unit title assessment report; or

(ii) has provided a unit title assessment report that is more than 3 months old; or

(b) the authority has asked for further information under section 22F and the applicant has not provided some or all of the information by—

(i) the end of the period stated in the request; or

(ii) if the authority has extended the period within which the further information must be provided—the end of that period.

In this Act:

unit title assessor means—

(a) a works assessor licensed under the Construction Occupations (Licensing) Act 2004; or

Note Works assessor—see the Construction Occupations (Licensing) Act 2004, s 14A.

(b) a building surveyor licensed under the Construction Occupations (Licensing) Act 2004 when providing a works assessment service.

Note Building surveyor—see the Construction Occupations (Licensing) Act 2004, s 9.

(1) An applicant under section 17 (the applicant) may apply, in writing, to a unit title assessor for a report (a unit title assessment report).

(2) The application must include any details or material prescribed by regulation.

proposed unit title plans

Note 1 If a form is approved under s 180 for this provision, the form must be used.

Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) If a unit title assessor receives an application under subsection (1) and the unit title assessor agrees to undertake the work, the unit title assessor must—

(a) prepare a unit title assessment report and give it to the applicant; and

Note 1 The report must be prepared and given to the applicant as soon as possible (see Legislation Act, s 151B).

Note 2 The unit title assessor may refuse to prepare and provide a report if the unit title assessor does not have enough information (see s 22E).

(b) not later than 5 working days after the day the assessor gives the report to the applicant—give a copy of the report to the planning and land authority.

(4) If, after taking reasonable steps, an applicant cannot find a unit title assessor who will agree to prepare a unit title assessment report, the applicant may apply to the construction occupations registrar to appoint a unit title assessor to prepare a unit title assessment report and give it to the applicant.

(5) A regulation may prescribe the requirements for a unit title assessment report, including—

(a) what the report must contain; or

(b) anything that must accompany the report.

(1) This section applies if—

(a) a unit title assessor requires further information to prepare a unit title assessment report under section 22B; and

(b) the applicant and the unit title assessor have not agreed that the unit title assessor will obtain the further information; and

(c) the unit title assessor believes on reasonable grounds that the further information will help the unit title assessor to prepare the report.

(2) The unit title assessor may, by written notice, ask the applicant to give the unit title assessor stated further information in relation to the application.

(1) A request under section 22C must—

(a) state the period within which the further information asked for must be provided; and

(b) if the further information is not a document—state that the further information must be provided in writing; and

(c) state that the applicant need not provide the further information, but if the applicant fails to provide some or all of the information in accordance with the request, the unit title assessor may refuse to provide a unit title assessment report under section 22E; and

(d) state that, despite the applicant and unit title assessor having previously not agreed that the unit title assessor would obtain the further information, the applicant and unit title assessor may agree that the unit title assessor will obtain the information.

(2) The request may require the applicant to confirm all or part of any information provided by statutory declaration.

(3) The period stated under subsection (1) (a) must be at least 20 working days or, if a shorter period is prescribed by regulation, the shorter period.

(4) The unit title assessor may, on application before the end of the period stated under subsection (1) (a), extend the period within which the further information must be provided once only, for a period not longer than 20 working days.

(1) This section applies if—

(a) a unit title assessor has asked for further information under section 22C in relation to an application; and

(b) the applicant has not provided some or all of the information by—

(i) the end of the period stated in the request; or

(ii) if the unit title assessor has extended the period within which the further information must be provided—the end of that period; and

(c) the applicant and the unit title assessor have not agreed that the unit title assessor will obtain the further information.

(2) The unit title assessor may refuse to prepare and provide a unit title assessment report under section 22B.

(1) This section applies if—

(a) an applicant has provided a unit title assessment report under section 17; and

(b) further information is needed for the planning and land authority to be able to decide the application under section 20; and

(c) the authority believes on reasonable grounds that the further information will help the authority to decide the application

(2) The authority may, by written notice, ask the applicant to give the authority stated further information in relation to the application.

(1) A request under section 22F must—

(a) state the period within which the further information asked for must be provided; and

(b) if the further information is not a document—state that the further information must be provided in writing; and

(c) state that the applicant need not provide the further information, but if the applicant fails to provide some or all of the information in accordance with the request, the authority may refuse to approve the unit title application under section 20 (4A).

(2) The period stated under subsection (1) (a) must be at least 20 working days or, if a shorter period is prescribed by regulation, the shorter period.

(3) The authority may, on application before the end of the period stated under subsection (1) (a), extend the period within which the further information must be provided once only, for a period not longer than 20 working days.

(2) A regulation may create offences and fix maximum penalties of not more than 60 penalty units for the offences.

In this part:

commencement day means the day this part commences.

(1) This section applies if—

(a) before the commencement day, a lessee of a parcel applied for approval of the subdivision of the parcel under section 17 (Unit title applications—general requirements); and

(b) immediately before the commencement day—

(i) the planning and land authority had not decided the application under section 20 (Unit title applications—approval); or

(ii) if an application for review to the ACAT had been made for a decision to refuse to approve a unit title application under section 20 (4)—the proceeding on the application had not ended.

(2) The lessee is not required to provide a unit title assessment report.

(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of part 3 of the Construction Occupations Legislation Amendment Act 2009.

(2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.

(3) A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

(4) A regulation under subsection (2) expires 2 years after the day it commences.

This part expires 5 years after the commencement day.

unit title assessment report—see section 22B.

unit title assessor—see section 22A.

Presentation speech made in the Legislative Assembly on 2009.

Notified under the Legislation Act on 2009.

For the latest republication of amended laws, see www.legislation.act.gov.au.