Western Australia: Building Services (Registration) Act 2011 (WA)

Western Australia Building Services (Registration) Act 2011 Western Australia Building Services (Registration) Act 2011 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part 2 — Prohibitions in relation to unregistered persons Division 1 — Use of titles and representations as to registration 4. Restriction on use of titles 5 5. Claims as to registration 5 6. Advertising entitlement to carry out prescribed building service when not registered 5 Division 2 — Prohibitions in respect of carrying out prescribed building service 7. Carrying out prescribed building service when not registered 6 Division 3 — Advertisements by building service contractors 8. Advertisements by building service contractor 8 Part 3 — Registration of building service providers Division 1 — Grant or renewal of registration 9. Classes of building service practitioner and building service contractor 9 10. Effect of registration as building service practitioner 9 11. Effect of registration as building service contractor 9 12. Duration of registration 9 13. Application for registration or renewal 10 14. Further information 11 15. Timing of application for renewal 11 16. Application for registration by a person whose registration has been cancelled 12 17. Registration of building service practitioners 13 18. Registration of building service contractors 13 19. Notice of decision 14 20. Registration certificate 14 Division 2 — Nominated supervisors 21. Nominated supervisor for building service contractor 15 22. Effect of not having nominated supervisor 15 Division 3 — Conditions on registration 23. Conditions generally 16 24. Conditions imposed by Board 16 25. Compliance with conditions 17 Division 4 — Amendment, suspension or cancellation of registration 26. When Board may amend, suspend or cancel registration 17 27. Suspension of registration: effect 18 28. Revocation of suspension 18 Division 5 — Register 29. The register 19 30. Inspection of register 20 31. Board to provide register information 21 Division 6 — Offences in relation to registration 32. Notification of change of address 21 32A. Notification of new directors 21 33. Notification of change in eligibility 22 34. Notification of financial difficulty 22 35. Notification of certain offences 22 36. Notification of disciplinary action 23 37. Return of registration certificate 23 Part 4 — Owner‑builder approvals Division 1 — Preliminary 38. Terms used 25 39. Meaning of owner 25 40. When owner‑builder approval may be applied for 25 41. Application by more than one person 26 42. Approval issued to more than one person 26 Division 2 — Grant of approval 43. Application for owner‑builder approval 26 44. Further information 27 45. Decision on application for approval 28 46. Duration of approval 29 Division 3 — Conditions on approval 47. Conditions of owner‑builder approval 29 48. Conditions imposed by Board 29 49. Compliance with conditions 30 Division 4 — Role of Board in respect of complaint about owner‑builder 50. Grounds for cancellation of approval 30 51. Board to decide what action to take in respect of complaint forwarded by Building Commission 30 Part 5 — Disciplinary matters — registered building service providers Division 1 — Preliminary 52. Application of Part 32 53. Disciplinary matters 32 54. Relationship with other legislation 37 Division 2 — Interim disciplinary orders 55. Interim disciplinary orders 37 Division 3 — Role of Board 56. Board to decide what action to take in respect of complaint forwarded by Building Commissioner 38 57. Board may deal with certain complaints 39 Division 4 — Proceedings in State Administrative Tribunal 58. Jurisdiction of State Administrative Tribunal 40 59. Disciplinary action against nominated supervisor or officer of building service contractor 42 60. Declaration of ineligible person 43 61. State Administrative Tribunal to provide information to Building Commissioner 43 62. Board may notify certain persons if registration suspended or cancelled 43 63. Other remedies not affected 44 Part 5A — Insolvency of building service contractors 63A. Terms used 45 63B. Excluded contractors not to be registered 47 63C. Declaration of excluded contractors 47 63D. When individual or non‑corporate body may be declared excluded contractor 48 63E. When corporation may be declared excluded contractor 49 63F. Procedure for declaring excluded contractor 50 63G. When declaration of excluded contractor takes effect 52 Part 6 — Review 64. Review by State Administrative Tribunal of certain decisions 53 Part 7 — Building Services Board Division 1 — Establishment 65. Board established 54 66. Status 54 67. Membership of Board 54 68. Remuneration and allowances 54 Division 2 — Functions and powers 69. Functions 55 70. Powers 55 71. Delegation by Board 55 Division 3 — Staff and services 72. Staff and services 56 Division 4 — Relationship of Board with Minister 73. Directions by Minister 56 74. Minister to have access to information 57 Division 5 — Constitution and proceedings of the Board Subdivision 1 — General provisions 75. Term of office 58 76. Casual vacancies 58 77. Deputy chairperson acting as chairperson 59 78. Alternate members 59 79. Holding meetings 60 80. Quorum 60 81. Presiding at meetings 60 82. Procedure at meetings 60 83. Voting 60 84. Inviting consultant to participate in meeting 61 85. Holding meetings remotely 61 86. Resolution without meeting 61 87. Minutes 61 88. Committees 61 Subdivision 2 — Disclosure of interests 89. Disclosure of interest 62 90. Voting by interested Board member 63 91. Section 90 may be declared inapplicable 63 92. Quorum where section 90 applies 63 93. Minister may declare sections 90 and 92 inapplicable 64 Division 6 — General 94. Information to be provided to Building Commissioner annually 64 95. Moneys to be credited to Building Services Account 64 96. Execution of documents by the Board 65 Part 8 — General provisions 97. Liability of officers for offence by body corporate 66 98. Protection from liability 66 99. False or misleading information 67 100. Confidentiality of information 67 101. When a prosecution can be commenced 68 102. Prosecutions 68 103. Evidentiary matters 68 104. Regulations 70 105. Review of Act 70 Part 9 — Repeal, savings, transitional and other provisions Division 1 — General 106. Interpretation Act 1984 not affected 72 Division 2 — Repeal 107. Builders' Registration Act 1939 repealed 72 108. Painters' Registration Act 1961 repealed 72 109. Builders' Registration Regulations repealed 72 110. Painters' Registration (Infringement Notices) Regulations 2006 repealed 72 111. Painters' Registration Board Rules 1962 repealed 72 112. Local Government (Building Surveyors) Regulations 2008 repealed 72 Division 3 — Savings and transitional matters Subdivision 1 — Builders 113. Terms used 73 114. Registration continues 73 115. Existing applications for registration 74 116. Allegations of cause for disciplinary action made by former Board 75 117. Disciplinary action: persons registered under repealed Act 75 118. Devolution of assets and liabilities of former board 75 119. Members of former board 76 120. Staff of former board 76 121. Reporting in respect of former board 77 122. Completion of things commenced 77 123. Continuing effect of things done 78 124. Agreements and instruments generally 78 Subdivision 2 — Painters 125. Terms used 79 126. Painting commenced before commencement day 79 127. Registration continues 79 128. Existing applications for registration 80 129. Allegations of cause for disciplinary action made by former board 81 130. Disciplinary action: persons registered under repealed Act 81 131. Devolution of assets and liabilities of former board 81 132. Members of former board 82 133. Staff of former board 82 134. Reporting in respect of former board 83 135. Completion of things commenced 83 136. Continuing effect of things done 83 137. Agreements and instruments generally 84 Subdivision 3 — Building Surveyors 138. Terms used 84 139. Registration of certificate holders 85 140. Existing applications for certificate 85 141. Members of former committee 85 142. Records of former committee 85 143. Agreements and instruments generally 86 Subdivision 4 — General provisions 144. Registration of documents 86 145. Exemption from State tax 87 146. Transitional regulations 87 Part 10 — Consequential amendments Division 1 — Home Building Contracts Act 1991 amended 147. Home Building Contracts Act 1991 amended 89 148. Section 3 amended 89 149. Section 25A amended 89 150. Section 25B amended 91 151. Section 25F amended 92 152. Section 25FA amended 92 153. Section 25G amended 93 154. Section 31B amended 93 Division 2 — Other Acts amended 155. Constitution Acts Amendment Act 1899 amended 94 156. Local Government (Miscellaneous Provisions) Act 1960 amended 94 374AAA. Local governments not to issue building licences in certain circumstances 94 157. Sentencing Act 1995 amended 95 158. State Administrative Tribunal Act 2004 amended 96 159. Travel Agents Act 1985 amended 96 Notes Compilation table 97 Defined terms Western Australia Building Services (Registration) Act 2011 An Act to provide for the following — * the registration of certain building service providers; * the approval of owner‑builders; * the repeal of the Builders' Registration Act 1939, the Painters' Registration Act 1961 and various regulations; * related matters. Part 1 — Preliminary 1. Short title This is the Building Services (Registration) Act 2011. 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Terms used In this Act, unless the contrary intention appears — amend, in relation to registration, includes — (a) impose a condition; and (b) vary or revoke a condition already imposed; Board means the Building Services Board established by section 65; body means any of the following — (a) a corporation; (b) a partnership; (c) an unincorporated body; Building Commissioner has the meaning given in the Building Services (Complaint Resolution and Administration) Act 2011 section 3; building permit means — (a) a building permit granted under the Building Act 2011; or (b) a building licence issued under the Local Government (Miscellaneous Provisions) Act 1960 section 374; building service has the meaning given in the Building Services (Complaint Resolution and Administration) Act 2011 section 3; building service contractor means a person registered under section 18; building service practitioner means a person registered under section 17; Building Services Account means the account referred to in the Building Services (Complaint Resolution and Administration) Act 2011 section 92; CEO means the chief executive officer of the Department; class, in relation to a building service practitioner or building service contractor, means a class prescribed as referred to in section 9; committee means a committee appointed under section 88; complaint means a complaint made under the Building Services (Complaint Resolution and Administration) Act 2011 section 15; condition includes restriction; corporation has the meaning given in the Corporations Act section 57A; Corporations Act means the Corporations Act 2001 (Commonwealth); Department means the department of the Public Service principally assisting the Minister in the administration of this Act; ineligible person means a person declared to be an ineligible person under section 60; insolvent has the meaning given in section 63A(1); jurisdiction means a State or Territory of the Commonwealth; nominated supervisor has the meaning given in section 21; officer means — (a) in the case of a corporation — an officer of a corporation as defined in the Corporations Act section 9; or (b) in the case of a body that is not a corporation — an officer of an entity that is neither an individual nor a corporation as defined in the Corporations Act section 9; prescribed building service means a building service that is prescribed by the regulations; public authority means any of the following — (a) a Minister of the State; (b) an agency or an organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1); (c) a local government, regional local government or regional subsidiary; (d) a body, whether incorporated or not, or the holder of an office, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State; register means the register referred to in section 29; registered building service provider means either of the following — (a) a building service practitioner; (b) a building service contractor; registration means registration under Part 3; registration certificate means a certificate issued under section 20; registration number, in relation to a registered building service provider, means the number assigned to the person's registration certificate by the Building Commissioner; serious offence means an offence (whether committed in or outside this State) that is — (a) an indictable offence against a law of this State, the Commonwealth or another jurisdiction (whether or not the offence is or may be dealt with summarily); or (b) an offence against the law of another jurisdiction that would be an indictable offence against a law of this State if committed in this State (whether or not the offence could be dealt with summarily if committed in this State). [Section 3 amended: No. 26 of 2016 s. 31; No. 4 of 2021 s. 126.] Part 2 — Prohibitions in relation to unregistered persons Division 1 — Use of titles and representations as to registration 4. Restriction on use of titles (1) A person must not use a title prescribed by the regulations unless the person is registered in a class of building service practitioner or building service contractor entitled under section 10 or 11 to use that title. Penalty: a fine of $25 000. (2) Subsection (1) does not apply to a person, or a person in a class of persons, prescribed by the regulations for the purposes of this section. 5. Claims as to registration (1) A person must not advertise, or otherwise hold out or imply, that the person is registered in a class of building service practitioner unless the person is registered in that class of building service practitioner. Penalty: a fine of $25 000. (2) A person must not advertise, or otherwise hold out or imply, that the person is registered in a class of building service contractor unless the person is registered in that class of building service contractor. Penalty: a fine of $25 000. 6. Advertising entitlement to carry out prescribed building service when not registered (1) A person must not advertise, or otherwise hold out or imply, that the person is entitled, either alone or with others, to carry out a prescribed building service for other persons unless the person is a building service contractor entitled under section 11 to carry out that building service. Penalty: a fine of $25 000. (2) Subsection (1) does not apply to a person if — (a) the person is — (i) a public authority; or (ii) an officer or employee of a public authority, in so far as that person directs or supervises the carrying out of a prescribed building service in the performance of the person's duties as such an officer or employee; or (b) the person is a person, or in a class of persons, prescribed by the regulations for the purposes of this section. Division 2 — Prohibitions in respect of carrying out prescribed building service 7. Carrying out prescribed building service when not registered (1) A person must not carry out, or undertake to carry out, a prescribed building service for any other person unless the person is a building service contractor entitled under section 11 to carry out that building service. Penalty: a fine of $25 000. (2) Subsection (1) does not apply to the following — (a) a person who carries out a prescribed building service as an employee of a building service contractor entitled to carry out that building service; (b) a person who is — (i) a public authority; or (ii) an officer or employee of a public authority, in so far as that person directs or supervises the carrying out of a prescribed building service in the performance of the person's duties as such an officer or employee; (c) the person is a person, or in a class of persons, prescribed by the regulations for the purposes of this section. (3) Subject to subsection (4), a person is not entitled to any monetary or other consideration in respect of anything the person did in contravention of subsection (1). (4) A person is not stopped under subsection (3) from claiming reasonable remuneration for carrying out a prescribed building service, but only if the amount claimed — (a) is not more than the amount paid by the person in supplying materials and labour for carrying out the building service; and (b) does not include allowance for any of the following — (i) the supply of the person's own labour; (ii) the making of a profit by the person for carrying out the building service; (iii) costs incurred by the person in supplying materials and labour if, in the circumstances, the costs were not reasonably incurred; and (c) is not more than any amount agreed to as the price for carrying out the building service; and (d) does not include any amount paid by the person that may fairly be characterised as being, in substance, an amount paid for the person's own direct or indirect benefit. (5) A building service contractor who has entered into a contract to carry out a prescribed building service must not enter into a contract with another person for the other person to carry out the building service (or any part of the building service) for the contractor unless the other person is a building service contractor entitled to carry out that building service. Penalty: a fine of $25 000. Division 3 — Advertisements by building service contractors 8. Advertisements by building service contractor Unless the regulations prescribe otherwise, a building service contractor must cause the contractor's registration number to appear in any advertisement published by the contractor in respect of availability of the contractor to carry out prescribed building services. Penalty: a fine of $5 000. Part 3 — Registration of building service providers Division 1 — Grant or renewal of registration 9. Classes of building service practitioner and building service contractor (1) An individual may be registered under section 17 as a building service practitioner in a class of building service practitioner prescribed by the regulations. (2) An individual or a body may be registered under section 18 as a building service contractor in a class of building service contractor prescribed by the regulations. 10. Effect of registration as building service practitioner Subject to this Act, registration in a class of building service practitioner entitles the person registered to use a title prescribed by the regulations for that class of practitioner. 11. Effect of registration as building service contractor Subject to this Act and the Building Act 2011, registration in a class of building service contractor entitles the person registered — (a) to carry out a prescribed building service that is prescribed by the regulations for that class of contractor; and (b) to use a title prescribed by the regulations for that class of contractor. 12. Duration of registration (1) The registration of a registered building service provider in a class of building service practitioner or in a class of building service contractor, unless sooner cancelled, expires on the day (the expiry day) that is the earlier of the following — (a) the day of the 3rd anniversary of the day on which the registration commences; (b) the expiry day that is specified in the certificate of registration. (2) The registration of a registered building service provider in a class of building service practitioner or in a class of building service contractor that is renewed under this Act, unless sooner cancelled, expires on the day (the expiry day) that is the earlier of the following — (a) the day of the 3rd anniversary of the day on which the registration is renewed; (b) the expiry day that is specified in the certificate of registration. (3) If an application accepted by the Board for the renewal of registration has not been determined by the expiry day, the registration — (a) continues to have effect on and from the expiry day until the Board renews or refuses to renew the registration or the applicant withdraws the application, unless the registration is sooner cancelled; and (b) if renewed, is taken to have been renewed on and from the expiry day. 13. Application for registration or renewal (1) An individual may apply to the Board for registration as a building service practitioner in a class of building service practitioner or for the renewal of that registration. (2) An individual or a body may apply to the Board for registration as a building service contractor in a class of building service contractor or for the renewal of that registration. (3) An application is to — (a) be made in writing in a manner and form determined by the Building Commissioner; and (b) state each class of building service practitioner or building service contractor in respect of which registration or renewal is sought; and (c) be accompanied by — (i) the application fee prescribed by the regulations; and (ii) the registration fee prescribed by the regulations. 14. Further information (1) The Board may, in writing, require an applicant under section 13 to do any or all of the following — (a) provide the Board with such further information relevant to the application as the Board requires; (b) verify any further information by statutory declaration; (c) provide the Board with the applicant's written consent to seek from another specified person information about the applicant relevant to the application. (2) The Board may specify in the requirement a reasonable time within which the applicant must comply with the requirement. (3) The Board may refuse to consider an application if the applicant does not comply with a requirement under subsection (1) within the time specified in the requirement or, if no time is so specified, within a reasonable time. (4) The Board may, in writing, require an applicant under section 13, or a representative of the applicant, to attend before the Board for the purpose of satisfying the Board as to a matter relevant to the application and, if the person fails to attend, may refuse the application. 15. Timing of application for renewal (1) An application for the renewal of the registration of a registered building service provider in a class of building service practitioner or in a class of building service contractor is to be made to the Board within the period prescribed by the regulations as the renewal period. (2) The Board may, by written notice, accept an application made within 6 months after the end of the renewal period (even after the expiry of the registration sought to be renewed) if satisfied that — (a) the delay was caused by reasons beyond the control of the applicant; or (b) other special circumstances warrant acceptance of the application. (3) If an application is accepted under subsection (2) after the expiry of the registration — (a) the registration is taken to have had effect on and from the day immediately following its expiry until the Board renews or refuses to renew the registration or the applicant withdraws the application, unless the registration is sooner suspended or cancelled; and (b) the registration, if renewed, is taken to have been renewed on the day immediately following its expiry. (4) Payment of a late fee prescribed by or determined under the regulations may, if the Board thinks fit, be required as a condition of acceptance of an application under subsection (2). 16. Application for registration by a person whose registration has been cancelled (1) In this section — disqualified person means a person whose registration has been cancelled under section 58(1)(h). (2) A disqualified person cannot apply for registration for a period of 3 months after the cancellation of the person's registration. (3) The Board cannot grant an application for registration by a disqualified person unless the Board has applied for, and obtained, the approval of the State Administrative Tribunal to do so. 17. Registration of building service practitioners (1) The Board must register, or renew the registration of, an applicant as a building service practitioner in each class of building service practitioner applied for if the Board is satisfied that the applicant — (a) has complied with sections 13 and 14; and (b) has the qualifications and experience prescribed by the regulations for that class of building service practitioner; and (c) is a fit and proper person to be registered; and (d) has complied with any other requirements prescribed by the regulations for registration as a building service practitioner in that class. (2) The Board must not register, or renew the registration of, an applicant if — (a) the requirements of subsection (1) are not met; or (b) the applicant is an ineligible person. 18. Registration of building service contractors (1) The Board must register, or renew the registration of, an applicant as a building service contractor in each class of building service contractor applied for if the Board is satisfied that the applicant — (a) has complied with sections 13 and 14; and (b) satisfies the financial requirements, if any, prescribed by the regulations for that class of building service contractor; and (c) satisfies the insurance requirements, if any, prescribed by the regulations for that class of building service contractor; and (d) on registration or renewal of registration, will have at least one nominated supervisor for that class of building service contractor; and (e) has arrangements to ensure that building services to be carried out by the applicant will be managed and supervised in a proficient manner; and (f) is not a body of which an ineligible person is an officer; and (fa) has paid any building service debt of a kind referred to in section 53(4) that the applicant has incurred; and (g) has complied with any other requirements prescribed by the regulations for registration as a building service contractor in that class. (2) The Board must not register, or renew the registration of, an applicant if the requirements of subsection (1) are not met. [Section 18 amended: No. 4 of 2021 s. 127.] 19. Notice of decision (1) The Board must, as soon as is practicable after making a decision under section 17 or 18, give to the person to whom the decision relates written notice of the decision and, if the Board refuses to grant or renew the registration of a person, the person's right of review under section 64. (2) If, on an application for registration, the Board decides that it will not register the applicant the registration fee referred to in section 13(3)(c)(ii) is to be returned to the applicant. 20. Registration certificate (1) If the Board registers, or renews the registration of, an applicant the Board must give the applicant a registration certificate in a form approved by the Building Commissioner. (2) In the absence of evidence to the contrary a registration certificate is evidence that the person to whom the certificate is issued is registered as specified in the certificate. Division 2 — Nominated supervisors 21. Nominated supervisor for building service contractor (1) In this section — eligible person, in relation to a class of building service contractor, means a person who is a registered building service practitioner in a class of building service practitioner prescribed by the regulations for that class of contractor. (2) A building service contractor who is an individual — (a) must be an eligible person for each class of building service contractor in which the contractor is registered; and (b) is the nominated supervisor for each class of building service contractor in which the contractor is registered. (3) A nominated supervisor for a building service contractor that is a body is an officer or employee of the contractor who is — (a) an eligible person for a class of building service contractor in which the contractor is registered; and (b) nominated by the contractor, by notice in writing to the Board, as a supervisor for the contractor for that class of building service contractor. (4) A nomination referred to in subsection (3)(b) may be revoked or varied by the building service contractor by notice in writing given to the Board. 22. Effect of not having nominated supervisor (1) In this section — relevant building service, in relation to a class of building service contractor, means a prescribed building service that a contractor registered in that class of contractor is entitled to carry out. (2) A building service contractor registered in a class of building service contractor must not carry out, or undertake to carry out, a relevant building service during any period in which the contractor does not have a nominated supervisor for that class of building service contractor. Penalty: a fine of $25 000. (3) A building service contractor must give the Board written notice if the contractor ceases to have a nominated supervisor for a class of building service contractor in which the contractor is registered. Penalty: a fine of $10 000. (4) The notice referred to in subsection (3) must be given to the Board no later than 7 days after the contractor ceases to have a nominated supervisor. Division 3 — Conditions on registration 23. Conditions generally (1) Registration is subject to — (a) any conditions imposed by the Board or the State Administrative Tribunal; and (b) any other conditions imposed under this Act. (2) The regulations may provide for conditions of registration. 24. Conditions imposed by Board (1) The Board may impose conditions on the registration of a registered building service provider — (a) when registering or renewing the registration; or (b) during the currency of the registration. (2) The Board may vary or revoke conditions imposed under this section. (3) The imposition, variation or revocation of a condition during the currency of the registration of a person does not take effect until written notice, including notice of the person's right of review under section 64, has been given to the person. 25. Compliance with conditions A registered building service provider must not contravene a condition to which the provider's registration is subject. Penalty: a fine of $25 000. Division 4 — Amendment, suspension or cancellation of registration 26. When Board may amend, suspend or cancel registration (1) The Board may — (a) amend the registration of a registered building service provider on the provider's request; or (b) suspend the registration of a registered building service provider and remove the name of the provider from the register for a specified period on the provider's request; or (c) cancel the registration of a registered building service provider and remove the name of the provider from the register on the provider's request. (2) Suspension of registration under subsection (1)(b) or cancellation of registration under subsection (1)(c) may be in relation to a provider's registration generally or in relation to registration in a class or classes of building service practitioner or building service contractor. (3) The Board may amend the registration of a registered building service provider — (a) for a formal or clerical reason; or (b) in another way that does not adversely affect the provider's interests. (4) The amendment, suspension or cancellation of registration under subsection (1) or (3) is effected by written notice given to the provider. (5) If the Board decides to refuse a request under subsection (1), the Board must give the provider written notice of the decision, the reasons for the decision and the person's right of review under section 64. 27. Suspension of registration: effect If, under section 26(1)(b) or 58(1)(g), the registration of a person in a class of building service practitioner or building service contractor is suspended, the person is to be taken to be not registered in that class during the period of suspension. 28. Revocation of suspension (1) The Board may, on the application of a person whose registration is suspended, revoke the suspension. (2) The revocation of a suspension under subsection (1) is effected by written notice given to the applicant. (3) If the Board decides to refuse an application under subsection (1), the Board must give the applicant written notice of the decision, the reasons for the decision and the person's right of review under section 64. (4) A person whose registration was suspended by the State Administrative Tribunal may not apply for the suspension to be revoked for a period of 3 months commencing on the day the registration was suspended. (5) The Board must not revoke a suspension imposed by the State Administrative Tribunal unless the Board has applied for, and obtained, the approval of the Tribunal to do so. Division 5 — Register 29. The register (1) The Building Commissioner is to keep a register of persons who are registered, or have been registered, under this Part. (2) The register is to be kept in the manner and form determined by the Building Commissioner. (3) The register may have divisions relating to — (a) different classes of building service practitioner; and (b) different classes of building service contractor; and (c) whether the person is a registered building service provider or is no longer a registered building service provider. (4) The register must include the following particulars in respect of each building service practitioner — (a) the name of the practitioner; (b) the business address of the practitioner; (c) the registration number assigned to the practitioner's registration certificate; (d) each class of building service practitioner in which the practitioner is registered; (e) any conditions applying to the registration; (f) details of any order made by the State Administrative Tribunal under section 58(1) or 59(1) in respect of the practitioner; (g) such other information, if any, as is prescribed by the regulations. (5) The register must include the following particulars in respect of each building service contractor — (a) the name of the contractor; (b) the business address of the contractor; (c) the registration number assigned to the contractor's registration certificate; (d) each class of building service contractor in which the contractor is registered; (e) the name of each nominated supervisor for the contractor; (f) any conditions applying to the registration; (g) details of any order made by the State Administrative Tribunal under section 58(1) in respect of the contractor; (h) such other information, if any, as is prescribed by the regulations. (6) The register must include the following particulars in respect of each person who is no longer a building service practitioner or a building service contractor — (a) the name of the person; (b) each class of building service practitioner or building service contractor in which the person was registered, and the period for which the person was so registered. 30. Inspection of register (1) The register must be available for inspection by members of the public at the office of the Building Commissioner during normal office hours. (2) The register must be made available for inspection by members of the public on a website maintained by the Building Commissioner. (3) A person may, on application to the Building Commissioner in respect of the register or an entry in the register, and payment of the fee prescribed by the regulations, if any, obtain a certified copy of the register or the entry. (4) The Building Commissioner may publish, in the manner and at the times determined by the Commissioner, a copy of the register or any part of, or entry in, the register. 31. Board to provide register information The Board is to provide to the Building Commissioner such information as the Commissioner requires for the purpose of keeping the register. Division 6 — Offences in relation to registration 32. Notification of change of address (1) A registered building service provider must give the Board written notice of any change to any of the addresses that are recorded in the register in relation to the provider. Penalty: a fine of $5 000. (2) The notice referred to in subsection (1) must be given no later than 14 days after the change to the address. 32A. Notification of new directors (1) In this section — director, of a body, has the meaning given in the Corporations Act section 9. (2) A body that is a building service contractor must give the Board written notice of the appointment of any new director of the body. Penalty for this subsection: a fine of $5 000. (3) The notice referred to in subsection (2) must be given no later than 7 days after the day on which the new director is appointed and must include any information prescribed by the regulations. [Section 32A inserted: No. 4 of 2021 s. 128.] 33. Notification of change in eligibility (1) A registered building service provider must give the Board written notice of any change to the circumstances of the provider that affect the eligibility of the provider to remain registered. Penalty: a fine of $10 000. (2) The notice referred to in subsection (1) must be given no later than 7 days after the change in circumstances. 34. Notification of financial difficulty (1) A building service contractor must give the Board written notice if the contractor is unable to meet the contractor's financial obligations as and when they fall due. Penalty: a fine of $10 000. (2) The notice referred to in subsection (1) must be given to the Board no later than 7 days after the building service contractor becomes aware that the contractor is unable to meet the financial obligations. (3) A registered building service provider must, no later than 7 days after becoming an insolvent, give the Board written notice of the insolvency. Penalty: a fine of $10 000. 35. Notification of certain offences (1) A registered building service provider must give the Board written notice if the provider is charged with a serious offence. Penalty: a fine of $5 000. (2) A registered building service provider must give the Board written notice if the provider is convicted of a serious offence. Penalty: a fine of $5 000. (3) A registered building service provider must give the Board written notice if the provider is convicted of an offence against a law of the Commonwealth or another jurisdiction in connection with the provision of a building service. Penalty: a fine of $5 000. (4) Subsection (3) does not apply in respect of a conviction for an offence against this Act. (5) The notice referred to in subsections (1), (2) and (3) must be given to the Board no later than 7 days after the conviction or charge. 36. Notification of disciplinary action (1) A registered building service provider who is registered or licensed under an Act prescribed by the regulations must give the Board written notice of any disciplinary action taken against the provider under that Act. Penalty: a fine of $5 000. (2) The notice referred to in subsection (1) must be given to the Board no later than 7 days after the disciplinary action is taken. 37. Return of registration certificate (1) If a person's registration is — (a) amended or suspended by the Board; or (b) amended, cancelled or suspended by the State Administrative Tribunal, the person must return his or her registration certificate to the Board no later than 14 days after the person is notified of the amendment, suspension or cancellation. Penalty: a fine of $5 000. (2) The Board may direct in writing that a person is not obliged to comply with subsection (1) and, in that case, the subsection does not apply to that person. (3) The Board must return the registration certificate to the person as soon as practicable — (a) if the registration is amended — after amending the registration certificate to reflect the amendment; or (b) if the registration is suspended and is still current at the end of the suspension period — after the end of the suspension period. (4) It is a defence to a prosecution for an offence against subsection (1) for the accused to show that the failure to return the certificate was due to its loss or destruction. Part 4 — Owner‑builder approvals Division 1 — Preliminary 38. Terms used In this Part — building work means work for which a building permit is required; owner has the meaning given in section 39; owner‑builder, in relation to an owner‑builder approval, means a person to whom the owner‑builder approval is granted; owner‑builder approval has the meaning given in section 40; owner‑builder work means building work for a building that is of a kind prescribed by the regulations. 39. Meaning of owner (1) In this Part — owner, in relation to land, means a person — (a) whose name is registered as a proprietor of the land; or (b) who holds an interest in the land of a kind prescribed by the regulations. (2) The regulations may impose restrictions on the circumstances in which a person will be treated as an owner for the purposes of this Part. 40. When owner‑builder approval may be applied for (1) An owner may apply for approval under this Part (owner‑builder approval) before obtaining a building permit to carry out owner‑builder work on the owner's land if the owner proposes to be named as the builder on the building permit. (2) An owner‑builder approval cannot be granted to an owner who is not an individual. 41. Application by more than one person If an application made under section 43 is signed by more than one person, a reference in this Part to the applicant is a reference to each of the persons (unless otherwise specified). 42. Approval issued to more than one person If an owner‑builder approval is granted jointly to more than one person, a reference in this Part to an owner‑builder is a reference to each of the persons. Division 2 — Grant of approval 43. Application for owner‑builder approval (1) An individual who is the owner of land may apply to the Board for approval to carry out owner‑builder work on the land. (2) The application must be — (a) made in writing in a manner and form determined by the Building Commissioner; and (b) accompanied by — (i) evidence that the applicant is the owner of the land; and (ii) evidence that the applicant or, if there is more than one applicant, at least one of the applicants, has sufficient knowledge of the duties and responsibilities of an owner‑builder; and (iii) the fee, if any, prescribed by the regulations; and (c) signed by each owner of the land. (3) For the purposes of subsection (2)(b)(ii) evidence that a person — (a) has successfully completed an owner‑builder course prescribed by the regulations within the period prescribed by the regulations; or (b) is a building service practitioner registered in a class of building service practitioner prescribed by the regulations for the purposes of this section, is to be taken to be evidence that the person has sufficient knowledge of the duties and responsibilities of an owner‑builder. 44. Further information (1) The Board may, in writing, require an applicant under section 43 to do any or all of the following — (a) provide the Board with such further information as the Board requires in any particular case; (b) verify any further information by statutory declaration; (c) provide the Board with the applicant's written consent to seek information about the applicant relevant to the application from another specified person. (2) The Board may specify in the requirement a reasonable time within which the applicant must comply with the requirement. (3) The Board may refuse to consider an application if the applicant does not comply with a requirement under subsection (1) within the time specified in the requirement or, if no time is so specified, within a reasonable time. (4) The Board may, in writing, require the applicant to attend before the Board for the purpose of satisfying the Board as to a matter relevant to the application and, if the person fails to attend, may refuse the application. 45. Decision on application for approval (1) The Board must grant an owner‑builder approval if it is satisfied that — (a) the applicant has complied with sections 43 and 44; and (b) the application relates to owner‑builder work on land owned by the applicant; and (c) the applicant or if there is more than one applicant, at least one of the applicants, has sufficient knowledge of the duties and responsibilities of an owner‑builder; and (d) in the 6 years preceding the application the applicant has not been granted or issued with a building permit as an owner‑builder; and (e) the applicant has complied with each other requirement prescribed by the regulations for the grant of an owner‑builder approval. (2) The Board may waive the requirement in subsection (1)(d) if the Board is satisfied that — (a) the building permit was to carry out owner‑builder work on the land to which the application relates; or (b) the circumstances of the applicant have changed since the building permit was issued and the applicant would suffer hardship if the application were refused. (3) Except as provided in subsection (2), the Board must not grant an owner‑builder approval to an applicant if the requirements of subsection (1) are not met. (4) An owner‑builder approval is to be in a form approved by the Building Commissioner. (5) The Board must, if it refuses to grant an owner‑builder approval under subsection (1), or to waive the requirements under subsection (2), give the applicant written notice of the decision, the reasons for the decision and the person's right of review under section 64. 46. Duration of approval (1) An owner‑builder approval expires 6 months after the grant of the approval unless subsection (2) applies. (2) If, within the period of 6 months commencing on the grant of the approval, the owner‑builder applies for a building permit to do building work on the land to which the approval relates, the owner‑builder approval expires — (a) if the application is refused — on the day on which the application is refused; or (b) if the building permit is granted — on the day on which the building permit ceases to have effect. Division 3 — Conditions on approval 47. Conditions of owner‑builder approval (1) An owner‑builder approval is subject to — (a) the condition that the owner‑builder may only carry out building work in respect of which there is a current building permit; and (b) any other conditions imposed by the Board; and (c) any other conditions imposed under this Act. (2) The regulations may provide for conditions of approval. 48. Conditions imposed by Board (1) The Board may impose conditions on an owner‑builder approval — (a) when granting the approval; or (b) during the currency of the approval. (2) The Board may vary or revoke conditions imposed under this section. (3) The imposition, variation or revocation of a condition during the currency of an approval does not take effect until written notice, including notice of the owner‑builder's right of review under section 64, is given to the owner‑builder. 49. Compliance with conditions An owner‑builder must not contravene a condition that applies to an owner‑builder approval. Penalty: a fine of $25 000. Division 4 — Role of Board in respect of complaint about owner‑builder 50. Grounds for cancellation of approval The following are grounds for cancellation of an owner‑builder approval — (a) the approval was granted because of incorrect or misleading information; (b) a condition to which the approval is subject has been contravened; (c) the Board becomes aware of the existence of facts that would have allowed the Board to refuse to grant the approval originally. 51. Board to decide what action to take in respect of complaint forwarded by Building Commission (1) The Board must consider — (a) a complaint in relation to an owner‑builder forwarded to it by the Building Commissioner under the Building Services (Complaint Resolution and Administration) Act 2011; and (b) any report and recommendations in respect of the complaint given to the Board by the Building Commissioner. (2) The Board may, on consideration of a complaint under subsection (1), decide — (a) not to take any action; or (b) to refer the complaint back to the Building Commissioner for the purpose of commencing a conciliation proceeding under the Building Services (Complaint Resolution and Administration) Act 2011 Part 2 Division 3; or (c) to refer the complaint back to the Building Commissioner for investigation or further investigation; or (d) if the Board is satisfied that grounds for cancellation of an owner‑builder approval exist, to cancel the owner‑builder approval. (3) The Board must, as soon as is practicable, but in any case no later than 7 days after making a decision under this section, give to the complainant, if any, and the respondent written notice of the decision together with short particulars of the reasons for the decision. (4) A cancellation of an owner‑builder approval is effected by written notice to the owner‑builder. (5) The notice referred to in subsection (4) must include notice of the person's right of review under section 64. (6) The Board may notify any person who has authority to grant a building permit that the Board has cancelled an owner‑builder approval if the Board considers that the person has a relevant interest. Part 5 — Disciplinary matters — registered building service providers Division 1 — Preliminary 52. Application of Part (1) This Part applies, with any necessary modifications, to a former registered building service provider in relation to conduct occurring while the person was a registered building service provider in the same way as it applies to a person who is a registered building service provider. (2) Disciplinary action under this Part may be taken against a building service practitioner who is or was the nominated supervisor of a building service contractor whether or not such disciplinary action has been taken against the building service contractor. 53. Disciplinary matters (1) The following are disciplinary matters — (a) that after registration the registered building service provider has been convicted — (i) of a serious offence; or (ii) of an offence against this Act, the Building Services (Complaint Resolution and Administration) Act 2011, the Building Act 2011, the Building and Construction Industry (Security of Payment) Act 2021, the Local Government (Miscellaneous Provisions) Act 1960 or the Home Building Contracts Act 1991; or (iii) if the provider is a building service contractor — of any other offence the nature of which renders the contractor unfit to carry out a prescribed building service that the contractor is otherwise entitled under section 11 to carry out; (b) that the registered building service provider does not satisfy one or more of the matters referred to in section 17(1) or 18(1), as the case may be, that must be satisfied if an application for registration or renewal of registration is to be granted; (c) that the registered building service provider has obtained a registration certificate because of incorrect or misleading information; (d) that the registered building service provider has contravened a condition of the provider's registration; (e) that the registered building service provider has been negligent or incompetent in connection with carrying out a building service; (f) that the registered building service provider, if a building service contractor, has failed to ensure that a building service carried out by the provider has been properly managed and supervised; (g) that the registered building service provider, if a nominated supervisor, has not properly managed and supervised a building service which he or she is responsible for managing and supervising; (h) that the registered building service provider has made any statement or representation with respect to the provision of finance or the terms and charges for the provision of finance that is to the knowledge of the provider false in a material particular, for the purpose of inducing a person — (i) to enter into a contract for the carrying out or completion of a building service; or (ii) to purchase land on which a building service has been or is proposed to be carried out by the provider, or by a building service contractor for which the provider is a nominated supervisor or employee; (i) that the registered building service provider has engaged in fraudulent conduct in connection with the carrying out or completion of a building service; (j) that the registered building service provider has engaged in conduct that is harsh, unconscionable, oppressive, misleading or deceptive in connection with — (i) a contract for the carrying out or completion of a building service or a variation of that contract; or (ii) the carrying out or completion of a building service; (k) that the registered building service provider has failed to comply with an undertaking given by the provider to the Board or an order or direction of the Board; (l) that the registered building service provider has failed to comply with an order of the Board or the State Administrative Tribunal under this Act or an order of the Building Commissioner or the State Administrative Tribunal under the Building Services (Complaint Resolution and Administration) Act 2011; (m) that an ineligible person is or has been involved in the management of a registered building service provider that is a building service contractor; (n) that the registered building service provider has not paid a building service debt of a kind referred to in subsection (4) that the registered building service provider has incurred. (2) A reference in subsection (1)(a) to a conviction includes — (a) a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded; and (b) a conviction before commencement of this section. (3) A breach of a Commissioner code or a Commissioner standard (as those terms are defined in the Building Services (Complaint Resolution and Administration) Act 2011 section 95) does not of itself constitute a disciplinary matter but, in any proceeding under this Part, such a breach may be asserted and may be taken into account in determining any question that arises in the course of that proceeding. (4) A building service debt of a registered building service provider is any of the following — (a) a debt for which judgment has been entered in a court of competent jurisdiction, after the commencement of the Building and Construction Industry (Security of Payment) Act 2021 section 129, against the provider in connection with a contract for a building service or for the supply of goods or services for a building service; (b) an amount that an adjudicator or review adjudicator determines, after the commencement of the Building and Construction Industry (Security of Payment) Act 2021 section 129, is payable by the provider under Part 3 of that Act; (c) an amount that an adjudicator determines, after the commencement of the Building and Construction Industry (Security of Payment) Act 2021 section 129, is payable by the provider under the Construction Contracts (Former Provisions) Act 2004 section 31(2)(b). (5) A judgment debt is a building service debt under subsection (4) only if — (a) the amount is not paid in full within 28 days after the judgment debt was entered (or within any longer period for payment allowed by the court); and (b) the judgment debtor has not entered into a payment arrangement with the judgment creditor or, if any payment arrangement is entered into, the judgment debtor has failed to comply with the arrangement; and (c) either — (i) proceedings have not been instituted to appeal or set aside the judgment debt within the time allowed for instituting the proceedings; or (ii) any proceedings so instituted do not result in the judgment debt being quashed or set aside and the debt has not been paid in full within 5 days after the termination of the proceedings. (6) An adjudicated amount is a building service debt under subsection (4) only if — (a) the amount is not paid in full by the due date for payment of the adjudicated amount (or within any longer period for payment allowed by the adjudicator or review adjudicator); and (b) either — (i) an adjudication review or judicial review has not been instituted within the time allowed for doing so; or (ii) any review so instituted does not result in the adjudicated amount being quashed or set aside and the amount has not been paid in full within 5 days after the termination of the review. (7) The reference to the time allowed for instituting a judicial review in subsection (6)(b)(i) does not include time that is allowed only with the leave of a court. (8) For the purposes of subsection (4), it does not matter that the judgment debt or adjudication determination resulted from matters arising before the commencement of the Building and Construction Industry (Security of Payment) Act 2021 section 129. [Section 53 amended: No. 4 of 2021 s. 129.] 54. Relationship with other legislation Nothing in this Part prevents a complaint from being made or an investigation being initiated under the Building Services (Complaint Resolution and Administration) Act 2011 Part 2, about a matter to which this Part relates. Division 2 — Interim disciplinary orders 55. Interim disciplinary orders If, at any time before a disciplinary order is made in respect of a complaint about a disciplinary matter accepted by the Building Commissioner under the Building Services (Complaint Resolution and Administration) Act 2011 section 16, the Board is of the opinion that — (a) a registered building service provider has engaged in conduct that is likely to constitute grounds for suspension or cancellation of the building service provider's registration; and (b) it is likely that the provider will continue to engage in conduct of that kind; and (c) there is a risk that a person or persons may suffer significant loss or damage as a result of the conduct of the provider if immediate action is not taken, the Board may by notice in writing — (d) require the Building Commissioner to make an interim disciplinary order under the Building Services (Complaint Resolution and Administration) Act 2011 section 31; and (e) specify the terms of the required order. Division 3 — Role of Board 56. Board to decide what action to take in respect of complaint forwarded by Building Commissioner (1) The Board must consider — (a) a complaint in relation to a registered building service provider forwarded to it by the Building Commissioner under the Building Services (Complaint Resolution and Administration) Act 2011; and (b) any report and recommendations in respect of the complaint given to the Board by the Building Commissioner. (2) The Board may, on consideration of a complaint under subsection (1), decide — (a) not to take any action; or (b) to refer the complaint back to the Building Commissioner for the purpose of commencing a conciliation proceeding under the Building Services (Complaint Resolution and Administration) Act 2011 Part 2 Division 3; or (c) to refer the complaint back to the Building Commissioner for investigation or further investigation; or (d) to take action under section 57; or (e) to make an allegation about the complaint to the State Administrative Tribunal. (3) The Board must, as soon as is practicable, but in any case no later than 14 days after making a decision under this section, give to the complainant, if any, and the respondent written notice of the decision together with short particulars of the reasons for the decision. 57. Board may deal with certain complaints (1) This section applies if — (a) a complaint in relation to a registered building service provider has been forwarded to the Board by the Building Commissioner under the Building Services (Complaint Resolution and Administration) Act 2011; and (b) the Board is satisfied that a disciplinary matter exists in relation to the provider; and (c) the Board is of the opinion that a proceeding before the State Administrative Tribunal is not warranted by the nature of the complaint; and (d) the provider consents to the exercise of power by the Board under this section or the exercise of power relates only to a disciplinary matter referred to in section 53(1)(n). (2) If this section applies, the Board may do one or more of the following — (a) order that the registration of the provider be amended; (b) caution or reprimand the provider; (c) require the provider to give an undertaking to the Board for such period as is specified — (i) in relation to the provider's future conduct as a registered building service provider; or (ii) to comply with such conditions as are specified in relation to the carrying out of a building service by the provider; (d) order the provider to pay to the Building Commissioner a fine of a specified amount not exceeding $5 000. (3) The Board may, in addition to or instead of imposing one or more of the penalties specified in subsection (2), order the provider to pay to the Building Commissioner — (a) such costs and expenses of or arising from the Commissioner's investigation of the complaint; or (b) such costs and expenses of or incidental to the proceeding, as the Board thinks fit. (4) If action is taken under subsection (2) in relation to a complaint, no further action is to be taken under this Part with respect to the complaint. (5) Where any penalty, costs or expenses are ordered to be paid under this section the amount ordered to be paid is recoverable in any court of competent jurisdiction as a debt due to the Building Commissioner. (6) The Board must give the complainant, if any, and the respondent notice of a decision made under subsection (2) or (3) together with short particulars of the reasons for the decision and the right to apply for a review of the decision under section 64. [Section 57 amended: No. 4 of 2021 s. 130.] Division 4 — Proceedings in State Administrative Tribunal 58. Jurisdiction of State Administrative Tribunal (1) If, in a proceeding commenced by an allegation under this Act, the State Administrative Tribunal is satisfied that a disciplinary matter exists in respect of a registered building service provider, the Tribunal may do one or more of the following — (a) decline to make an order under this section; (b) order the Board to amend the registration of the provider; (c) caution or reprimand the provider; (d) impose a condition on the registration of the provider, or amend an existing condition; (e) where the provider is a building service practitioner, order that the provider undertake and complete a specified further course of training or education; (f) where the provider is a building service contractor, order that a nominated supervisor of the provider undertake and complete a specified further course of training or education; (g) order that the registration of the provider be suspended for a period, not exceeding 2 years, specified in the order; (h) order that the provider's registration be cancelled and name be removed from the register; (i) if the Tribunal makes its finding on a ground referred to in section 53(1)(c) to (n), order that the provider pay to the Building Commissioner a penalty of a fine not exceeding $25 000. (2) An order referred to in subsection (1)(g) or (h) may be in relation to a provider's registration generally or in relation to registration in a class or classes of building service practitioner or building service contractor specified in the order. (3) If, in a proceeding commenced by an allegation under this Act against a person who was a registered building service provider when the disciplinary matter allegedly occurred but who is no longer a registered building service provider, the State Administrative Tribunal is of the opinion that a disciplinary matter exists in respect of the person, the only powers that the Tribunal may exercise are the powers in subsection (1)(a), (c) and (i). (4) If the State Administrative Tribunal orders the cancellation of the registration of a person as a building service contracto