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MAGISTRATES COURT (CONSTRUCTION OCCUPATIONS INFRINGEMENT NOTICES) AMENDMENT REGULATION 2005 (NO 1) (NO 12 OF 2005)
2005
THE LEGISLATIVE ASSEMBLY FOR
THE
AUSTRALIAN CAPITAL TERRITORY
EXPLANATORY STATEMENT
MAGISTRATES COURT (CONSTRUCTION OCCUPATIONS INFRINGEMENT NOTICES) AMENDMENT REGULATION 2005 (NO 1)
Circulated by authority of
Katy Gallagher MLA
Acting
Attorney General
The Magistrates Court (Construction Occupations Infringement Notices)
Amendment Regulation 2005 (No 1) (the Amendment Regulation) amends the
Magistrates Court (Construction Occupations Infringement Notices) Regulation
2004 (Principal Regulation) which makes provisions for the issue of infringement
notices for certain offences under the Construction Occupations (Licensing)
Act 2004. This Act regulates the construction occupations of builder,
building surveyor, drainer, electrician, gasfitter, plumber, and plumbing plan
certifier.
The Amendment Regulation will make the following changes to
the Principal Regulation:
§ It
removes the requirement for an authorised person to indicate on the
infringement notice the position held by that person as it appears on the
person’s identity card. This amendment will make construction occupation
infringement notice provisions consistent with other comparable infringement
notice provisions;
§ It authorises
inspectors to issue infringement notices, and defines
‘inspector’; and
§ It
enables an infringement notice to be issued to an offence under section 83 of
the Construction Occupations (Licensing) Act of advertising certain
construction occupation services without disclosing one’s name,
licence number and where applicable, ACN.
CLAUSE NOTES
Clause 1 provides for the name of the
regulation to be the Magistrates Court (Construction Occupations Infringement
Notices) Amendment Regulation 2005
(No 1).
Clause 2
provides that the regulation commences on the day after the notification day.
Clause 3 provides that the regulation amends the Magistrates
Court (Construction Occupations Infringement Notices) Regulation
2004.
Clause 4 substitutes sections 10 and 11 of the
Principal Regulation with new provisions and inserts new section
12.
Section 10
New section 10 requires an
authorised person issuing an infringement notice to identify himself or herself
by the person’s full name, or surname and initials; or any unique number
given to him or her by the administering authority. It removes the current
requirement for an authorised person to provide information about his or her
position.
Section 11
New section 11 relates to
the issuing of a reminder notice for an infringement notice offence and provides
for similar requirements as in new section 10 for identifying an authorised
person. The current requirement for an authorised person to provide information
about his or her position is removed.
Section 12
provides that an inspector is an authorised person for the purpose of issuing
infringement notices for infringement notice offences under the construction
occupation legislation.
It defines ‘inspector’ as:
(a) a
building inspector under the Building Act 2004; or
(b) a compliance
auditor under the Construction Occupations
(Licensing) Act
2004; or
(c) an inspector under the Electricity Safety Act 1971;
or
(d) an inspector under the Gas Safety Act 2000; or
(e) a
technical inspector under the Utilities Act 2000; or
(f) an inspector
under the Water and Sewerage Act 2000.
The note under
section 12 clarifies the functions of a deputy registrar.
Clause 5
substitutes Schedule 1 to the Principal Regulation. The new Schedule
1 lists infringement notice offences against the Construction Occupations
(Licensing) Act 2004. The offence under section 83 of the Act of
advertising without disclosing specified details is added as an infringement
notice offence. Current infringement notice offences against sections 83 and 84
of the Act will continue. The penalties for the infringement notice offences
are the amount mentioned in column 4 of the table in the schedule for an
individual or five times that amount for a corporation.