Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) Subject to subsection (11), a person other than a company is not eligible for the grant of a builder's licence class D unless—
(a) he or she has such qualifications and skills in relation to the specialist building work specified in his or her application for the licence as are adequate to enable him or her to carry out that work in accordance with the prescribed standards; and
(b) he or she has satisfactorily carried out on his or her own account or under supervision, for periods that total not less than 3 years, specialist building work of the kind specified in his or her application for the licence.
(2) A person other than a company is not eligible for the grant of a builder's licence class C unless—
(a) he or she holds a certificate issued by the Canberra Institute of Technology certifying that he or she—
(i) has successfully completed a course at the Canberra Institute of Technology approved by the Minister in writing; and
(ii) has at least 12 months experience in building work gained during or after undergoing that course; or
(b) he or she holds a certificate issued by a tertiary institution outside the ACT certifying that he or she—
(i) has successfully completed a course at that institution approved by the Minister in writing; and
(ii) has at least 12 months experience in building work gained during or after undergoing that course; or
(c) he or she is a person who has skills and has had experience that make him or her as capable of carrying out building work as a person who has the certificate referred to in paragraph (a).
(3) A person other than a company is not eligible for the grant of a builder's licence class B unless—
(a) he or she holds a certificate issued by the Canberra Institute of Technology certifying that he or she—
(i) has successfully completed a course at the Canberra Institute of Technology approved by the Minister in writing; and
(ii) has at least 12 months experience in building work gained during or after undergoing that course; or
(b) he or she holds a certificate issued by a tertiary institution outside the ACT certifying that he or she—
(i) has successfully completed a course at that institution approved by the Minister in writing; and
(ii) has at least 12 months experience in building work gained during or after undergoing that course; or
(c) he or she is a person who has qualifications and skills that make him or her as capable of carrying out building work as a person who has the certificate referred to in paragraph (a) and he or she has satisfactorily carried out under supervision or on his or her own account for periods that total not less than 3 years building work other than building work of the kind that the holder of a builder's licence class D is authorised to carry out.
(4) A person other than a company is not eligible for the grant of a builder's licence class A unless—
(a) he or she holds an Australian tertiary qualification, approved by the Minister in writing, in architecture, civil engineering, structural engineering or building; or
(b) he or she holds an overseas tertiary qualification in architecture, civil engineering, structural engineering or building the standard required for attaining that is equivalent to, or higher than, that required for attaining a corresponding qualification referred to in paragraph (a); or
(c) he or she is a person who has qualifications and skills that make him or her as capable of carrying out building work as a person who has a tertiary qualification referred to in paragraph (a) and has satisfactorily carried out on his or her own account or under supervision for periods that total not less than 3 years building work other than building work of the kind that the holder of a builder's licence class C or a builder's licence class D is authorised to carry out.
(5) An approval by the Minister under this section is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001 .
(6) A company is not, or 2 or more persons carrying on business in partnership are not, eligible for the grant of a builder's licence included in the class of licences to which the application relates unless the person nominated in the application for the licence as the director or employee of the company or the partner who is to be responsible for the adequate direction and supervision of building work to be undertaken by the company or partnership is the holder of such a licence.
(7) If a person other than a company is otherwise eligible under this section for the grant of a builder's licence, or 2 or more persons carrying on business in partnership are so eligible, the licence shall not be granted unless that person, or each of those persons is a fit and proper person to hold the relevant licence.
(8) If a company is otherwise eligible under this section for the grant of a builder's licence, the licence shall not be granted unless each director of the company is a fit and proper person to hold the relevant licence.
(9) The building controller may require a person who is an applicant for the grant of a builder's licence to give him or her—
(a) information in writing; and
(b) documents;
relating to the eligibility of that person for the grant of a licence.
(10) If a person who is an applicant for a builder's licence is not otherwise eligible for the grant of the relevant licence under this section, the building controller may require the applicant to undertake an examination for the purpose of determining his or her ability to perform building work of the kind specified in his or her application.
(11) An applicant who satisfies the building controller at an examination under subsection (10) shall be taken to be eligible for the grant of a builder's licence in relation to building work of the kind specified in his or her application.