New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2014 - REG 4

4 Exemptions relating to contracting and advertising

(1) A person is exempt from the requirements of section 4 (Unlicensed contracting) of the Act if the contract concerned is made by or on behalf of--

(a) an exempt corporation and the exempt corporation does not contract to do specialist work only under the contract, or

(b) a general contractor and the general contractor contracts to do specialist work (none of which is residential building work) under the contract and that specialist work is part only of the work to be done under the contract by the general contractor, or

(c) an electricity supply authority and the electricity supply authority contracts under the contract to do only installation, alteration or maintenance work on power lines forming part of an electrical installation.

(2) A person is exempt from the requirements of section 5 (Seeking work by or for unlicensed person) of the Act if the representation concerned is made by or about--

(a) an exempt corporation and the representation does not relate to specialist work only, or

(b) a general contractor and the representation relates to specialist work none of which is residential building work and that specialist work is only part of the work to be done, or

(c) an electricity supply authority and the representation relates only to installation, alteration or maintenance work on power lines forming part of an electrical installation.

(3) In this clause--

"electrical installation" has the same meaning as it has in the Gas and Electricity (Consumer Safety) Act 2017 .

"exempt corporation" means--

(a) a council or county council within the meaning of the Local Government Act 1993 , or

(b) a corporation that is constituted by or under an Act, other than--

(i) a company within the meaning of the Corporations Act 2001 of the Commonwealth, or

(ii) a corporation that is subject to control under the Co-operatives (Adoption of National Law) Act 2012 or the Associations Incorporation Act 2009 .

"general contractor" means a contractor who carries on a business the principal object of which is to supply goods or services otherwise than by the doing of specialist work but the supply of which goods or services may incidentally involve the doing of specialist work.