Northern Territory Numbered Acts

BUILDING AMENDMENT (REGISTRATION AND OTHER MATTERS) ACT 2012 (NO 6 OF 2012) - SECT 6

    Sections 23 to 24C

    repeal, insert

22A     Appointment of nominee by corporation

    (1)     A corporation may, in the approved form, appoint an individual to be its nominee for this Act.

    (2)     The corporation must give the form to the Practitioners Board as soon as practicable after it is signed by the corporation and nominee.

    (3)     The appointment takes effect when the relevant details are entered in the register maintained under section 16.

23     Application for registration as building practitioner other than building contractor

    (1)     This section applies in relation to an application for registration as a building practitioner in a category of building practitioner other than building contractor.

    (2)     An individual may apply to the Practitioners Board for registration of the individual.

    (3)     A corporation may apply to the Practitioners Board for registration of the corporation.

    (4)     An application under this section must be in the approved form accompanied by the prescribed fee.

24     Registration of building practitioner other than building contractor

    (1)     After receiving an application made by an individual under section 23(2), the Practitioners Board must register the individual in the category of building practitioner specified in the application if satisfied the individual:

(a)     is a fit and proper person to be registered in that category; and

    (b)     has the relevant qualifications and experience determined under section 24G(a) for that category; and

    (c)     has complied with any conditions for registration prescribed by regulation.

    (2)     After receiving an application made for a corporation under section 23(3), the Practitioners Board must register the corporation in the category of building practitioner specified in the application if satisfied:

    (a)     at least one individual concerned in the management or conduct of the corporation, or a nominee of the corporation, is registered in that category; and

    (b)     each individual concerned in the management or conduct of the corporation who is not registered in that category would be a fit and proper person to be so registered if he or she had applied personally for the registration; and

    (c)     the corporation has complied with any conditions for registration prescribed by regulation.

    (3)     Without limiting subsection (1)(c) or (2)(c), a regulation may prescribe a condition requiring the applicant for registration to hold an insurance policy of a type (which may include a professional indemnity policy) or for an amount, or both, determined under section 24G(c).

24A     Application for registration as building contractor

    (1)     This section applies in relation to an application for registration as a building practitioner in the category of building contractor.

    (2)     An individual may apply to the Practitioners Board for registration.

    (3)     A corporation may apply to the Practitioners Board for registration.

    (4)     An application under this section must be in the approved form accompanied by the prescribed fee.

24B     Registration of building practitioner as building contractor

    (1)     After receiving an application made by an individual under section 24A(2), the Practitioners Board must register the individual in the category of building contractor if satisfied he or she:

    (a)     is a fit and proper person to be registered in that category; and

    (b)     has the relevant qualifications and experience determined under section 24G(a) for that category; and

    (c)     currently holds, and during the period of registration will continue to hold, the net financial assets prescribed by regulation for that category; and

    (d)     has complied with any conditions for registration prescribed by regulation.

    (2)     After receiving an application made by a corporation under section 24A(3), the Practitioners Board must register the corporation in the category of building contractor if satisfied:

    (a)     at least one director, or a nominee, of the corporation:

        (i)     is registered in that category; and

        (ii)     will provide adequate supervision of the building work carried out by the corporation; and

    (b)     each director of the corporation who is not registered in that category would be a fit and proper person to be so registered if he or she had applied personally for the registration; and

    (c)     the corporation currently holds, and during the period of registration will continue to hold, the net financial assets prescribed by regulation for that category; and

    (d)     the corporation has complied with any conditions for registration prescribed by regulation.

    (3)     Without limiting subsection (1)(d) or (2)(d), a regulation may prescribe a condition requiring the applicant for registration to hold an insurance policy of a type (which may include a professional indemnity policy) or for an amount, or both, determined under section 24G(c).