2009 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Planning) Construction Occupations Legislation Amendment Bill 2009 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 Part 2 Construction Occupations (Licensing) Act 2004 3 Legislation amended--pt 2 3 4 What is a construction occupation? New section 7 (j) 3 5 Section 9 3 J2009-467 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 6 What is a plumbing plan certifier? Section 14 (1) 4 7 New section 14A 4 8 What is an operational Act? Section 16 5 9 New section 26A 5 10 Sections 51 and 52 6 11 End of automatic licence suspension Section 53 (1), 4th and 5th dot points 7 12 Notification of cancellation of insurance Section 88 (1) (a) 7 13 Construction occupations registrar New section 103 (2) (ha) 7 14 Dictionary, new definitions 8 Part 3 Unit Titles Act 2001 15 Legislation amended--pt 3 9 16 Unit title applications--general requirements Section 17 (5) 9 17 Unit title applications--approval New section 20 (4A) 10 18 New division 3.1A 11 19 Regulation-making power New section 181 (2) 16 20 New part 25 16 21 Dictionary, new definitions 18 contents 2 Construction Occupations Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Planning) Construction Occupations Legislation Amendment Bill 2009 A Bill for An Act to amend the Construction Occupations (Licensing) Act 2004 and the Unit Titles Act 2001 The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-467 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 Part 1 Preliminary 1 1 Name of Act 2 This Act is the Construction Occupations Legislation 3 Amendment Act 2009. 4 2 Commencement 5 (1) This Act (other than part 3) commences on the day after its 6 notification day. 7 Note The naming and commencement provisions automatically commence on 8 the notification day (see Legislation Act, s 75 (1)). 9 (2) Part 3 commences on a day fixed by the Minister by written notice. 10 Note 1 A single day or time may be fixed, or different days or times may be 11 fixed, for the commencement of different provisions (see Legislation 12 Act, s 77 (1)). 13 Note 2 If a provision has not commenced within 6 months beginning on the 14 notification day, it automatically commences on the first day after that 15 period (see Legislation Act, s 79). page 2 Construction Occupations Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 3 1 Part 2 Construction Occupations 2 (Licensing) Act 2004 3 3 Legislation amended--pt 2 4 This part amends the Construction Occupations (Licensing) 5 Act 2004. 6 4 What is a construction occupation? 7 New section 7 (j) 8 insert 9 (j) works assessor. 10 5 Section 9 11 substitute 12 9 What is a building surveyor? 13 (1) A building surveyor is an entity that provides, has provided or 14 proposes to provide-- 15 (a) a building certification service; or 16 (b) a works assessment service. 17 Note Works assessment service--see s 14A (2). 18 (2) A building certification service is the doing of building certification 19 work. Construction Occupations Legislation Amendment Bill page 3 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 6 1 (3) In this section: 2 building certification work means anything a building certifier may 3 or must do under the Building Act 2004. 4 Note The Building Act 2004 requires a building surveyor to be appointed as a 5 certifier before doing building certification work. It also restricts the 6 building certification work certain building surveyors may do 7 depending on their occupation class. 8 6 What is a plumbing plan certifier? 9 Section 14 (1) 10 omit 11 provides 12 substitute 13 provides, has provided or proposes to provide 14 7 New section 14A 15 insert 16 14A What is a works assessor? 17 (1) A works assessor is an entity who provides, has provided or 18 proposes to provide a works assessment service. 19 (2) A works assessment service is the doing of works assessment work. 20 (3) In this section: 21 works assessment work means preparing and providing a unit title 22 assessment report under the Unit Titles Act 2001. 23 Note Unit title assessment report--see the Unit Titles Act 2001, s 22B. page 4 Construction Occupations Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 8 1 8 What is an operational Act? 2 Section 16 3 insert 4 · Unit Titles Act 2001; 5 9 New section 26A 6 in division 3.1, insert 7 26A Entitlement to act as works assessor 8 (1) A licensed construction practitioner is not entitled to perform 9 services as a works assessor if the practitioner has an interest in the 10 work (the works) to be considered for the works assessment service. 11 (2) For this section, a licensed construction practitioner has an interest 12 in the works if the practitioner, or an entity related to the 13 practitioner-- 14 (a) has a legal or equitable interest in the land where the works 15 are, or are to be, carried out; or 16 (b) has prepared, or intends to prepare, drawings intended to be 17 used in relation to the works, unless-- 18 (i) the works have been certified by another entity; and 19 (ii) the other entity is not related to the practitioner; or 20 (c) has carried out, or intends to carry out, any of the works; or 21 (d) has a financial interest in the construction or completion of the 22 works. Construction Occupations Legislation Amendment Bill page 5 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 (3) For this section, an entity is related to a licensed construction 2 practitioner if the entity is-- 3 (a) an entity with which the practitioner has a personal, 4 professional, commercial or financial relationship; or 5 (b) an employer or employee of the practitioner; or 6 (c) a company of which the practitioner is a director or in which 7 the practitioner holds a share. 8 (4) For this section, works have been certified if-- 9 (a) a building approval has been issued for the works; or 10 (b) a development approval has been issued for the works; or 11 (c) a works assessment service has been provided for the works. 12 10 Sections 51 and 52 13 substitute 14 51 Automatic suspension of licence--construction 15 occupations 16 (1) This section applies if-- 17 (a) an entity that is licensed in a construction occupation stops 18 being eligible to provide a construction service for the 19 construction occupation because the entity is not insured in 20 accordance with the regulation; and 21 (b) the construction occupation is not divided into classes. 22 Note A regulation may divide a construction occupation into classes 23 (see s 15). 24 (2) The entity's licence is automatically suspended when the insurance 25 cover stops. page 6 Construction Occupations Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 11 1 52 Automatic suspension of licence--occupation classes 2 (1) This section applies if an entity that is licensed in an occupation 3 class stops being eligible to provide a construction service for the 4 occupation class because the entity is not insured in accordance with 5 the regulation. 6 Note A regulation may divide a construction occupation into classes 7 (see s 15). 8 (2) The entity's licence is automatically suspended in relation to the 9 class when the insurance cover stops. 10 11 End of automatic licence suspension 11 Section 53 (1), 4th and 5th dot points 12 substitute 13 · section 51 (Automatic suspension licence--construction 14 occupations); 15 · section 52 (Automatic suspension of licence--occupation 16 classes). 17 12 Notification of cancellation of insurance 18 Section 88 (1) (a) 19 omit 20 a licensed building surveyor or plumbing plan certifier 21 substitute 22 licensed in a construction occupation or occupation class 23 13 Construction occupations registrar 24 New section 103 (2) (ha) 25 insert 26 (ha) works assessment; Construction Occupations Legislation Amendment Bill page 7 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 14 1 14 Dictionary, new definitions 2 insert 3 works assessment service--see section 14A (2). 4 works assessor--see section 14A (1). page 8 Construction Occupations Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 15 1 Part 3 Unit Titles Act 2001 2 15 Legislation amended--pt 3 3 This part amends the Unit Titles Act 2001. 4 16 Unit title applications--general requirements 5 Section 17 (5) 6 substitute 7 (5) The application must include-- 8 (a) if not provided in a unit title assessment report included in the 9 application-- 10 (i) a certificate from a registered surveyor describing the 11 degree to which any building (including an attachment to 12 a building) on, or being constructed on, the parcel is 13 situated in accordance with the application; and 14 (ii) if any existing or proposed attachment to a building on 15 the parcel encroaches, or would encroach, on a public 16 place--a plan prepared by a registered surveyor that 17 shows-- 18 (A) the nature and extent of the encroachment; and 19 (B) whether the encroachment is for use with a unit or 20 the common property; and 21 (C) if the encroachment is for use with a unit--the unit 22 to which the encroachment relates; and 23 Note Attachment, encroachment and public place--see the 24 dictionary. Construction Occupations Legislation Amendment Bill page 9 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 17 1 (b) if the parcel is prescribed by regulation--a unit title assessment 2 report that is not more than 3 months old. 3 Note Unit title assessment report--see s 22B. 4 17 Unit title applications--approval 5 New section 20 (4A) 6 insert 7 (4A) The planning and land authority may refuse to approve the 8 application if-- 9 (a) the applicant is required to provide the authority with a unit 10 title assessment report under section 17 and-- 11 (i) has not provided a unit title assessment report; or 12 (ii) has provided a unit title assessment report that is more 13 than 3 months old; or 14 (b) the authority has asked for further information under 15 section 22F and the applicant has not provided some or all of 16 the information by-- 17 (i) the end of the period stated in the request; or 18 (ii) if the authority has extended the period within which the 19 further information must be provided--the end of that 20 period. page 10 Construction Occupations Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 18 1 18 New division 3.1A 2 insert 3 Division 3.1A Unit title assessment reports for unit 4 title applications 5 22A Meaning of unit title assessor 6 In this Act: 7 unit title assessor means-- 8 (a) a works assessor licensed under the Construction Occupations 9 (Licensing) Act 2004; or 10 Note Works assessor--see the Construction Occupations (Licensing) 11 Act 2004, s 14A. 12 (b) a building surveyor licensed under the Construction 13 Occupations (Licensing) Act 2004 when providing a works 14 assessment service. 15 Note Building surveyor--see the Construction Occupations (Licensing) 16 Act 2004, s 9. Construction Occupations Legislation Amendment Bill page 11 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 18 1 22B Unit title assessment reports 2 (1) An applicant under section 17 (the applicant) may apply, in writing, 3 to a unit title assessor for a report (a unit title assessment report). 4 (2) The application must include any details or material prescribed by 5 regulation. 6 Example 7 proposed unit title plans 8 Note 1 If a form is approved under s 180 for this provision, the form must be 9 used. 10 Note 2 An example is part of the Act, is not exhaustive and may extend, but 11 does not limit, the meaning of the provision in which it appears (see 12 Legislation Act, s 126 and s 132). 13 (3) If a unit title assessor receives an application under subsection (1) 14 and the unit title assessor agrees to undertake the work, the unit title 15 assessor must-- 16 (a) prepare a unit title assessment report and give it to the 17 applicant; and 18 Note 1 The report must be prepared and given to the applicant as soon as 19 possible (see Legislation Act, s 151B). 20 Note 2 The unit title assessor may refuse to prepare and provide a report 21 if the unit title assessor does not have enough information (see 22 s 22E). 23 (b) not later than 5 working days after the day the assessor gives 24 the report to the applicant--give a copy of the report to the 25 planning and land authority. page 12 Construction Occupations Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 18 1 (4) If, after taking reasonable steps, an applicant cannot find a unit title 2 assessor who will agree to prepare a unit title assessment report, the 3 applicant may apply to the construction occupations registrar to 4 appoint a unit title assessor to prepare a unit title assessment report 5 and give it to the applicant. 6 (5) A regulation may prescribe the requirements for a unit title 7 assessment report, including-- 8 (a) what the report must contain; or 9 (b) anything that must accompany the report. 10 22C Unit title assessment report applications--unit title 11 assessor may require further information 12 (1) This section applies if-- 13 (a) a unit title assessor requires further information to prepare a 14 unit title assessment report under section 22B; and 15 (b) the applicant and the unit title assessor have not agreed that the 16 unit title assessor will obtain the further information; and 17 (c) the unit title assessor believes on reasonable grounds that the 18 further information will help the unit title assessor to prepare 19 the report. 20 (2) The unit title assessor may, by written notice, ask the applicant to 21 give the unit title assessor stated further information in relation to 22 the application. 23 22D Unit title assessment report applications--contents of 24 request for further information 25 (1) A request under section 22C must-- 26 (a) state the period within which the further information asked for 27 must be provided; and Construction Occupations Legislation Amendment Bill page 13 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 18 1 (b) if the further information is not a document--state that the 2 further information must be provided in writing; and 3 (c) state that the applicant need not provide the further 4 information, but if the applicant fails to provide some or all of 5 the information in accordance with the request, the unit title 6 assessor may refuse to provide a unit title assessment report 7 under section 22E; and 8 (d) state that, despite the applicant and unit title assessor having 9 previously not agreed that the unit title assessor would obtain 10 the further information, the applicant and unit title assessor 11 may agree that the unit title assessor will obtain the 12 information. 13 (2) The request may require the applicant to confirm all or part of any 14 information provided by statutory declaration. 15 (3) The period stated under subsection (1) (a) must be at least 16 20 working days or, if a shorter period is prescribed by regulation, 17 the shorter period. 18 (4) The unit title assessor may, on application before the end of the 19 period stated under subsection (1) (a), extend the period within 20 which the further information must be provided once only, for a 21 period not longer than 20 working days. 22 22E Unit title assessment report applications--effect of failure 23 to provide further information 24 (1) This section applies if-- 25 (a) a unit title assessor has asked for further information under 26 section 22C in relation to an application; and 27 (b) the applicant has not provided some or all of the information 28 by-- 29 (i) the end of the period stated in the request; or page 14 Construction Occupations Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 18 1 (ii) if the unit title assessor has extended the period within 2 which the further information must be provided--the end 3 of that period; and 4 (c) the applicant and the unit title assessor have not agreed that the 5 unit title assessor will obtain the further information. 6 (2) The unit title assessor may refuse to prepare and provide a unit title 7 assessment report under section 22B. 8 22F Unit title applications--authority may require further 9 information 10 (1) This section applies if-- 11 (a) an applicant has provided a unit title assessment report under 12 section 17; and 13 (b) further information is needed for the planning and land 14 authority to be able to decide the application under section 20; 15 and 16 (c) the authority believes on reasonable grounds that the further 17 information will help the authority to decide the application 18 (2) The authority may, by written notice, ask the applicant to give the 19 authority stated further information in relation to the application. 20 22G Unit title applications--contents of request for further 21 information 22 (1) A request under section 22F must-- 23 (a) state the period within which the further information asked for 24 must be provided; and 25 (b) if the further information is not a document--state that the 26 further information must be provided in writing; and Construction Occupations Legislation Amendment Bill page 15 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 19 1 (c) state that the applicant need not provide the further 2 information, but if the applicant fails to provide some or all of 3 the information in accordance with the request, the authority 4 may refuse to approve the unit title application under 5 section 20 (4A). 6 (2) The period stated under subsection (1) (a) must be at least 7 20 working days or, if a shorter period is prescribed by regulation, 8 the shorter period. 9 (3) The authority may, on application before the end of the period stated 10 under subsection (1) (a), extend the period within which the further 11 information must be provided once only, for a period not longer 12 than 20 working days. 13 19 Regulation-making power 14 New section 181 (2) 15 insert 16 (2) A regulation may create offences and fix maximum penalties of not 17 more than 60 penalty units for the offences. 18 20 New part 25 19 insert 20 Part 25 Transitional--Construction 21 Occupations Legislation 22 Amendment Act 2009 23 300 Meaning of commencement day--pt 25 24 In this part: 25 commencement day means the day this part commences. page 16 Construction Occupations Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 20 1 301 Transitional--unit title applications lodged before 2 commencement day 3 (1) This section applies if-- 4 (a) before the commencement day, a lessee of a parcel applied for 5 approval of the subdivision of the parcel under section 17 (Unit 6 title applications--general requirements); and 7 (b) immediately before the commencement day-- 8 (i) the planning and land authority had not decided the 9 application under section 20 (Unit title applications-- 10 approval); or 11 (ii) if an application for review to the ACAT had been made 12 for a decision to refuse to approve a unit title application 13 under section 20 (4)--the proceeding on the application 14 had not ended. 15 (2) The lessee is not required to provide a unit title assessment report. 16 302 Transitional regulations--pt 25 17 (1) A regulation may prescribe transitional matters necessary or 18 convenient to be prescribed because of the enactment of part 3 of 19 the Construction Occupations Legislation Amendment Act 2009. 20 (2) A regulation may modify this part (including in relation to another 21 territory law) to make provision in relation to anything that, in the 22 Executive's opinion, is not, or is not adequately or appropriately, 23 dealt with in this part. 24 (3) A regulation under subsection (2) has effect despite anything 25 elsewhere in this Act or another territory law. 26 (4) A regulation under subsection (2) expires 2 years after the day it 27 commences. Construction Occupations Legislation Amendment Bill page 17 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 21 1 303 Expiry--pt 25 2 This part expires 5 years after the commencement day. 3 21 Dictionary, new definitions 4 insert 5 unit title assessment report--see section 22B. 6 unit title assessor--see section 22A. Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 2009. 2 Notification Notified under the Legislation Act on 2009. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2009 page 18 Construction Occupations Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au