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This is a Bill, not an Act. For current law, see the Acts databases.
CONSTRUCTION PRACTITIONERS LEGISLATION AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Construction
Practitioners Legislation Amendment Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Construction
Practitioners Legislation Amendment Bill 2003
A Bill for
An Act to provide for government certifiers, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Construction Practitioners Legislation Amendment Act
2003.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
This part amends the Building Act 1972.
4 Interpretation
for ActSection 5 (1), definition of
certifier
substitute
certifier—
(a) for building work—means a person who is appointed to act as
certifier under section 31 (Appointment of certifiers), or as government
certifier under section 31A (Appointment of government certifiers), for the
work;
(b) for division 3.2 (Certifiers and government certifiers)—see
section 29A (Meaning of certifier, eligible person and
government certifier for div 3.2).
substitute
Division 3.2 Certifiers and government
certifiers
29A Meaning of certifier, eligible person
and government certifier for div 3.2
In this division:
certifier does not include government certifier.
eligible person, for building work—see section 30
(1).
government certifier, for building work, means a person who
is appointed under section 31A (4) for the work.
30 Eligibility for appointment—certifiers and
government certifiers
(1) A registered construction practitioner (an eligible
person) is eligible to be appointed certifier or government certifier
for building work if the construction practitioner—
(a) is entitled under the Construction Practitioners Registration Act
1998 to perform services as certifier for the work; and
(b) is qualified under the regulations to be appointed for the
work.
(2) In this section:
registered construction practitioner means a person
registered under the Construction Practitioners Registration Act
1998.
31 Appointment of certifiers
(1) The owner of land where it is proposed to carry out building work may,
in writing, appoint an eligible person (the certifier) as
certifier for the work.
(2) The appointment ends if—
(a) the certifier stops being an eligible person; or
(b) the owner of the land revokes the appointment by written notice given
to the certifier; or
(c) the certifier resigns the appointment.
(3) The certifier may resign the appointment only—
(a) with the written approval of the building controller; and
(b) by written notice given to the owner of the land.
(4) The building controller may approve the resignation of the certifier
only if satisfied that—
(a) the certifier cannot exercise his or her functions in relation to the
building work because of mental or physical incapacity; or
(b) the certifier has arranged for another certifier to take over the
certifier’s functions in relation to the building work; or
(c) it is otherwise appropriate to approve the resignation.
31A Appointment of government
certifiers
(1) This section applies to building work if the last certifier appointed
for the work is no longer the certifier for the work.
(2) A certifier is no longer the certifier for building work
if—
(a) the certifier’s registration is suspended for longer than
3 months; or
(b) the certifier’s registration has been cancelled; or
(c) the certifier has resigned the appointment under section 31;
or
(d) the certifier is dead; or
(e) the certifier is not covered by insurance for the Construction
Practitioners Registration Act 1998.
(3) The owner of the land where the building work is being carried out (or
proposed to be carried out) may apply to the building controller for the
appointment of a government certifier for the work.
Note If a form is approved under s 109 (Approved forms) for an
application, the form must be used.
(4) The building controller may appoint a government certifier for the
building work if satisfied that the criteria prescribed under the regulations
are satisfied.
(5) The regulations may prescribe what must accompany the
application.
31B Power to require building
documents
(1) A government certifier appointed for building work may, by written
notice, require the person who was the certifier (or last certifier) for the
building work to give the government certifier any building document the person
has in relation to the work within the period (of not less than 2 weeks after
the day the notice is given) stated in the notice.
(2) A person commits an offence if the person fails to comply with a
notice given to the person under section (1).
Maximum penalty: 50 penalty units.
(3) An offence against subsection (2) is a strict liability
offence.
(4) In this section:
building document means a document mentioned in
section 40 (1) (c) to (j).
31C Protection of government certifiers from
liability
(1) A government certifier does not incur civil or criminal liability for
an act or omission done honestly as a government certifier.
(2) A civil liability that would, apart from this section, attach to the
government certifier attaches instead to the Territory.
32 Notice of certifier’s appointment or end of
appointment
(1) This section applies if—
(a) a building approval has been issued for building work; and
(b) either—
(i) a person is appointed certifier for the work; or
(ii) a person’s appointment as certifier for the work
ends.
(2) The person must, within 7 days after the day the person is appointed
or the appointment ends, give the building controller written notice of the
appointment or end.
Maximum penalty: 1 penalty unit.
Note If a form is approved under s 109 (Approved forms) for a
notification, the form must be used.
(3) An offence against subsection (2) is a strict liability
offence.
33 Prohibition against contracting
out
A provision in a contract or agreement that limits or modifies, or purports
to limit or modify, the operation of this part, including this section, in
relation to a certifier or building work, is void.
6 Review
by administrative appeals tribunalNew
section 103 (1) (fa) and (fb)
insert
(fa) refusing to approve a certifier’s resignation under
section 31 (3) (a); or
(fb) refusing an application to appoint a government certifier for
building work; or
7 New
section 103 (3) (ca) and (cb)
insert
(ca) for a decision referred to in subsection (1) (fa)—to the
certifier; or
(cb) for a decision referred to in subsection (1) (fb)—to the
applicant for the appointment of a government certifier; or
8 Section
103 (1) and (3)
renumber paragraphs when Act next republished under Legislation
Act 2001
Part
3 Building Regulations
1972
9 Regulations
amended—pt 3
This part amends the Building Regulations 1972.
substitute
6 Qualifications for certifiers and government
certifiers for categories of building work—Act, s 30 (1)
(b)
(1) A principal building surveyor or principal government building
surveyor is qualified for any building work.
(2) A building surveyor or government building surveyor is qualified for
building work in relation to a building—
(a) that is 3 storeys or lower; and
(b) with a floor area not larger than 2 000m2.
(3) In this regulation:
building surveyor means a person registered in the category
of building surveyor under the CPR Act.
CPR Act means the Construction Practitioners Registration
Act 1998.
government building surveyor means a person registered in the
category of government building surveyor under the CPR Act.
principal building surveyor means a person registered in the
category of principal building surveyor under the CPR Act.
principal government building surveyor means a person
registered in the category of principal government building surveyor under the
CPR Act.
6A Criteria for appointment of government
certifier—Act, s 31A (4)
The criteria for the appointment of a government certifier for building
work are—
(a) a building approval was issued for the work before the commencement of
this regulation and is in force; and
(b) a licensed builder has started the work; and
(c) the owner of the land where the work is being carried out cannot,
after making reasonable efforts, appoint a certifier for the work.
Part
4 Construction Practitioners
Registration Regulations 1998
11 Regulations
amended—pt 4
This part amends the Construction Practitioners Registration Regulations
1998.
12 Insurance
for practitioners as building
surveyorsRegulation 5
(3)
substitute
(3) A person applying to be registered as a principal government building
surveyor or government building surveyor, who is not registered, or applying to
be registered, in another category, is taken to be covered by insurance for this
Act, whether or not the person holds insurance mentioned in subregulation
(2).
(4) A person registered as a principal government building surveyor or
government building surveyor, who is not registered, or applying to be
registered, in another category, is taken to be covered by insurance for this
Act when the person is doing work as a government certifier, whether or not the
person holds insurance mentioned in subregulation (2).
(5) In this regulation:
costs and expenses, for subregulation (2) (d), means costs
and expenses incurred with the insurer’s consent.
government certifier—see the Building Act 1972,
section 29A.
13 Register
of construction practitionersRegulation 10
(m)
substitute
(m) for a construction practitioner who is not a principal government
building surveyor or government building surveyor, the name of each insurer of
the practitioner who provides insurance mentioned in the Act, section
3A.
14 Categories
and qualifications of registered construction
practitionersSchedule 1, new items 4 and
5
insert
4
|
principal government building surveyor
|
either of the following:
(1) registration by The Institution of Engineers, Australia on the
national professional engineers register in the area of practice of
‘principal certifier—building’
(2) accreditation as a building surveyor by the Australian Institute of
Building Surveyors (ACN 004 540 836)
|
5
|
government building surveyor
|
accreditation as an assistant building surveyor by the Australian Institute
of Building Surveyors (ACN 004 540 836)
|
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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