Northern Territory Numbered Acts

BUILDING AMENDMENT (REGISTRATION AND OTHER MATTERS) ACT 2012 (NO 6 OF 2012) - SECT 7

Sections 24F and 24FA

repeal, insert

24F     Renewal of registration of building practitioner

    (1)     After receiving an application under section 24E that relates to an individual, the Practitioners Board must renew the registration of the individual in the category of building practitioner specified in the application 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)     has, during the current period of registration, complied with the continuing development requirements determined under section 24G(b) for that category; and

    (d)     has, during the current period of registration, performed competently in that category as shown by performance reporting; and

    (e)     has complied with any conditions for renewal prescribed by regulation.

    (2)     However, if the application mentioned in subsection (1) is for renewal of registration in the category of building contractor, the Practitioners Board must not register the individual unless it is satisfied the individual currently holds, and during the period of registration will continue to hold, the net financial assets prescribed by regulation for that category.

    (3)     After receiving an application under section 24E that relates to a corporation and is for renewal of registration in a category other than building contractor, the Practitioners Board must renew the registration in that category if satisfied:

    (a)     at least one individual concerned in the management or conduct of the corporation, or a nominee of the corporation:

        (i)     is registered as a building practitioner in that category; and

        (ii)     has, during the current period of registration, complied with the continuing development requirements determined under section 24G(b) for that category; and

    (b)     each individual concerned in the management or conduct of the corporation who is not registered as a building practitioner 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, during the current period of registration, performed competently in that category as shown by performance reporting; and

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

    (4)     After receiving an application under section 24E that relates to a corporation and is for renewal of registration in the category of building contractor, the Practitioners Board must renew the registration if satisfied:

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

        (i)     is registered as a building practitioner in that category; and

        (ii)     has, during the current period of registration, complied with the continuing development requirements determined under section 24G(b) for that category; and

(iii)     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 has, during the current period of registration, performed competently in that category as shown by performance reporting; and

    (d)     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

    (e)     the corporation has complied with any prescribed conditions for renewal.

    (5)     Without limiting subsection (1)(e), (3)(d) or (4)(e), a regulation may prescribe a condition requiring an applicant for renewal of 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).

24FA     Practitioners Board must have regard to particular information

    (1)     Before deciding an application made under section 23, 24A or 24E, the Practitioners Board must have regard to a relevant report or relevant information given by a person or entity who is prescribed by regulation.

    (2)     For subsection (1), a relevant report or relevant information is a report or information relevant to a matter about which the Practitioners Board must be satisfied under section 24, 24B or 24F.

    (3)     Subsection (1) does not prevent the Practitioners Board from considering any other information it considers relevant to deciding the application.