(1) A person
who—
(a)
carries on business as a builder, building contractor or architect; or
(b)
carries on another business the principal purpose of which is the
construction, installation, alteration, repair or maintenance of a building,
structure, plant or equipment,
is exempt from the requirement to be licensed under the Act as a contractor
subject to the condition that any plumbing, gas fitting or electrical work
performed by the person is performed in the ordinary course of the business by
a person authorised by licence or registration under the Act to perform or
carry out work of that kind.
(2) A person carrying
out electrical work relating to electricity infrastructure owned or operated
by an electricity entity that is required to have a safety and technical
management plan by condition of licence, or by the regulations, under the
Electricity Act 1996 is exempt from the requirement to be registered
under the Act as an electrical worker.
(3) An employee of The
Smith's Snackfood Company Ltd
(ACN 057 976 940) (the "Company") is exempt from the
requirement to be registered under the Act as a plumbing worker in respect of
cold water plumbing carried out in the course of his or her employment in
relation to any food processing plant or associated pipes or equipment
downstream from a secondary testable backflow prevention device that is
downstream from the primary testable backflow prevention device connecting the
Company's pipes and equipment at the Company's site at 553-567
South Road, Regency Park, 5010 to the public water supply system.
(4) A licensed
contractor is exempt from the application of section 12 of the Act in
relation to work performed in the course of the contractor's business by a
person exempted from the requirement to be registered under the Act in
relation to that work.
(5) The following work
is exempt from the application of the Act:
(a)
plumbing—
(i)
consisting of the installation, alteration, repair,
maintenance or disconnection of a cold water pipe not exceeding 25 mm in
diameter except where the pipe is in or on a building;
(ii)
consisting of the installation, alteration, repair,
maintenance or disconnection of a non-testable backflow prevention device;
(iii)
consisting of the replacement, alteration, repair,
maintenance or disconnection of domestic tapware;
(iv)
consisting of the clearing of blockages in pipes not
exceeding 50 mm in diameter (or associated traps) installed to convey
wastewater to sanitary drains;
(v)
relating to stormwater drainage pipes—
(A) consisting of work on pipes not
exceeding 90 mm in diameter; or
(B) consisting of work carried out under
the supervision of a professional civil engineer;
(b) gas
fitting—
(i)
consisting of connecting or disconnecting a gas cylinder
and portable equipment that utilises gas contained in the cylinder; or
(ii)
in respect of which a permit is required under the
Dangerous Substances Regulations 2002 if carried out by the holder of
such a permit;
(c)
electrical work—
(i)
consisting of the oiling, greasing, cleaning or painting
of an electrical installation;
(ii)
consisting of the installation, alteration, repair or
maintenance of an electrical installation—
(A) that is situated outside of a
municipality or township if the installation is used in connection with the
carrying on of the business of primary production;
(B) the purpose of which is to transmit
television or radio programs from a television or radio station;
(iii)
consisting of the installation, alteration, repair or
maintenance of any system or equipment connected or intended to be connected
to and beyond an electrical outlet socket at which fixed wiring terminates,
but not including the alteration, repair or maintenance of an electrical
connection of a rating above low voltage (as defined in AS/NZS 3000:2007
Australian/New Zealand Standard for Wiring Rules);
(iv)
consisting of the replacement of a fuse, switch or
two-point outlet socket other than any such equipment or device belonging to a
person or body that supplies electricity to the public;
(v)
involved in the manufacture or assembling of new
equipment;
(vi)
consisting of the repair of used equipment for resale
when carried out at a workshop of a retailer or wholesaler of equipment of
that kind under the supervision (which must include personal checking and
approval of each item before resale) of a registered electrical worker
authorised by registration to carry out electrical work of that kind without
supervision;
(d) any
work involved in educational courses or in scientific research or experiments.
(6) In this
regulation—
"business of primary production" has the same meaning as in the
Land Tax Act 1936 ;
"electricity entity" means—
(a) the
holder of a licence under the Electricity Act 1996 authorising the
generation of electricity or the operation of a transmission or distribution
network; or
(b) a
person exempted from the requirement to hold such a licence;
"electricity infrastructure" has the same meaning as in the
Electricity Act 1996 ;
"municipality" and "township" have the same meanings as in the
Local Government Act 1934 .