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BUILDING AMENDMENT BILL 2012

           Building Amendment Bill 2012

                         Introduction Print


               EXPLANATORY MEMORANDUM


                                   General
The purpose of the Bill is to provide that a disciplinary inquiry may be
commenced by the Building Practitioners Board against a building
practitioner whose registration is suspended provided the inquiry is
commenced within the 3 year period after the suspension takes effect.

                                Clause Notes
Clause 1    sets out the main purpose of the Bill. This is to provide that a
            disciplinary inquiry may be commenced against a person, whose
            registration as a building practitioner is suspended, for a period of
            up to 3 years after the suspension takes effect.

Clause 2    provides for the commencement of the provisions of the Bill.
            The provisions come into operation on the day after the day on
            which the Bill receives the Royal Assent.

Clause 3    amends section 178(1) of the Building Act 1993 to provide that
            the capacity of the Building Practitioners Board to conduct an
            inquiry about the conduct or ability to practice of a registered
            building practitioner is subject to section 179A(2). A new
            section 179A(2) is being inserted by clause 4 of this Bill.

Clause 4    substitutes section 179A(2) of the Building Act 1993 with a new
            section 179A(2) and (3).
            New section 179A(2) provides that an inquiry into a person
            whose registration as a building practitioner has been suspended
            may not be commenced by the Building Practitioners Board after
            the end of the 3 year period immediately following the date on
            which the suspension takes effect.



571203                                 1       BILL LA INTRODUCTION 8/2/2012

 


 

Under section 146 of the Building Act 1993, suspension of a building practitioner's registration under section 172(3) of that Act does not take effect until the end of the appeal period (60 days) or the decision to suspend the person is affirmed on appeal. New section 179A(2) makes it clear that the relevant date for the purpose of calculating the 3 year period is the date on which the suspension takes effect. New section 179A(3) provides that for the purposes of subsection (2) an inquiry commences when the Building Practitioners Board causes a notice to be served under section 178(2) of the Building Act 1993 on the person whose registration as a registered building practitioner has been suspended. Clause 5 inserts new section 271 into the Building Act 1993. New section 271(1) provides that section 179A as in force immediately before the commencement of clause 4 of the Bill (the commencement day) continues to apply if immediately before the commencement day the person's registration was suspended and the suspension had taken effect before that day. This is the case whether the inquiry commences before, on or after the commencement day. New section 271(2) provides that section 179A as amended by clause 4 of the Bill applies if there is an inquiry into the conduct of a person that commenced and was still continuing before the commencement day and the person's registration is suspended and the suspension takes effect on or after the commencement day. This means that section 179A as amended by this Bill will apply to the inquiry in respect of that person and conduct of that person beyond the period of 3 years prior to suspension may be the subject of the inquiry. New section 271(3) provides that for the purposes of section 271 an inquiry commences when the Building Practitioners Board causes a notice to be served under section 178(2) on the registered building practitioner or on the person whose registration as a registered building practitioner has been suspended (as the case may be). It is noted that whether or not a suspension has taken effect is not relevant to the date of commencement of an inquiry. 2

 


 

New section 271(4) provides that commencement day for the purpose of the transitional provisions in new section 271 is the day on which clause 4 of the Bill comes into operation. Clause 6 provides for the repeal of this amending Act on the first anniversary of the day on which it receives the Royal Assent. The repeal of this Act does not affect the continuing operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984). 3

 


 

 


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