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CONSTRUCTION OCCUPATIONS (LICENSING) AMENDMENT REGULATION 2005 (NO 1) (NO 18 OF 2005)
2005
THE LEGISLATIVE ASSEMBLY FOR
THE
AUSTRALIAN CAPITAL TERRITORY
CONSTRUCTION OCCUPATIONS (LICENSING)
AMENDMENT REGULATION 2005 (No 1)
SL2005-18
EXPLANATORY STATEMENT
Circulated by authority of Simon
Corbell MLA
Minister for Planning
Provisions of the Determination
Clauses 1 –3 cover the name of the Regulation, Commencement and
Legislation being amended.
The regulation is called the Construction
Occupations (Licensing) Amendment Regulation 2005 (No 1).
The regulation
commences on the day after notification and amends the Construction
Occupations (Licensing) Regulations 2004.
Clause 4
Clause
4 provides for the modification of section 149 of the Construction
Occupations (Licensing) Act 2004 (COLA) under section 152 of the Act. The
effect of the modification is to insert references to the Energy and Water
Act 1988 and the Gas Act 1992.
Background and
Outline
The regulation modifies the operation of the
Construction Occupations (Licensing) Act 2004 (“COLA”) to
make provision with respect to a matter that is not adequately, dealt with in
COLA. The matter is in relation to the entitlement of the registrar under COLA,
to exercise the main licence compliance functions provided under COLA. Those
functions are under COLA, section 35 (When rectification order may be
made), section 37 (Rectification order inappropriate) and section 54
(Disciplinary grounds).
COLA, section 149 (Contraventions before
commencement day) provides to the effect that where section 35, section 37 or
section 54 refers to a contravention of COLA, that reference includes a
reference to a contravention, before COLA commenced, of certain repealed laws
specified under section 149.
An intention of section 149 was to entitle
rectification orders to be issued and disciplinary action to be taken in respect
of relevant laws that were in force during the above-mentioned 10-year period.
However, section 149 did not adequately deal with listing all of the relevant
laws that were in force during that period in that it fails to mention the 2
relevant laws that regulated the way that licensees must carry out gasfitting,
plumbing and drainage work—the Gas Act 1994 and the Energy and
Water Act 1988, which was renamed the Electricity and Water Act
1988.
This regulation therefore, entitles COLA section 35, section 37
and section 54 to apply in respect of contraventions of the repealed Acts
mentioned prior to the commencement of COLA.