2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Planning) Construction Occupations Legislation Amendment Bill 2010 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 Legislation repealed 2 Part 2 Building Act 2004 5 Building approval applications New section 26 (2) (g) 3 6 New section 26 (4) 3 J2010-274 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 7 Part 8 heading 3 8 New division 8.3 3 9 Dictionary, new definition of energy efficiency certificate 5 Part 3 Civil Law (Sale of Residential Property) Act 2003 10 Meaning of required documents Section 9 (3) 6 11 Definitions for pt 3 Section 20, definition of energy efficiency rating guidelines 6 12 Section 20, definition of energy efficiency rating statement 6 13 Sections 20A and 21 6 14 Dictionary, definition of energy efficiency rating guidelines 6 15 Dictionary, definition of energy efficiency rating statement 7 Part 4 Construction Occupations (Licensing) Act 2004 16 What is a construction occupation? New section 7 (ca) 8 17 New section 8A 8 18 New section 52A 9 19 Section 53 heading 10 20 Section 53 (1) 10 21 Construction occupations registrar New section 103 (2) (ba) 11 22 New section 104A 11 23 New parts 11AA and 11AB 12 24 New part 17 16 25 Dictionary, note 2 18 26 Dictionary, new definitions 18 Part 5 Construction Occupations (Licensing) Regulation 2004 27 Licence applications--Act, s 17 (3) Section 5 (h) 20 contents 2 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 28 Section 8 heading 21 29 Section 8 (1) 21 30 Particulars in register Section 9 (1) (c) 21 31 New section 16B 22 32 New section 21A 23 33 New section 31A 23 34 Considerations for endorsing under s 30 and s 31 etc Section 32 (1) 24 35 New section 37B 24 36 Classes of construction occupation licence and functions Schedule 1, new part 1.3A 24 37 Reviewable decisions Schedule 4, new item 24A 25 Part 6 Residential Tenancies Act 1997 38 Dictionary Section 2, note 1 26 39 Dictionary, definition of energy efficiency rating statement 26 Construction Occupations Legislation Amendment contents 3 Bill 2010 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 2010 A Bill for An Act to amend legislation about construction occupations, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2010-274 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Construction Occupations Legislation Amendment 4 Act 2010. 5 2 Commencement 6 This Act commences on a day fixed by the Minister by written 7 notice. 8 Note 1 The naming and commencement provisions automatically commence on 9 the notification day (see Legislation Act, s 75 (1)). 10 Note 2 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 3 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). 16 3 Legislation amended 17 This Act amends the following legislation: 18 · Building Act 2004; 19 · Civil Law (Sale of Residential Property) Act 2003; 20 · Construction Occupations (Licensing) Act 2004; 21 · Construction Occupations (Licensing) Regulation 2004; 22 · Residential Tenancies Act 1997. 23 4 Legislation repealed 24 The Civil Law (Sale of Residential Property) Energy Efficiency 25 Rating) Guidelines Determination 2009 (DI2009-124) is repealed. page 2 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 5 1 Part 2 Building Act 2004 2 5 Building approval applications 3 New section 26 (2) (g) 4 after note 1, insert 5 (g) if required under an energy efficiency provision--be 6 accompanied by an energy efficiency certificate. 7 6 New section 26 (4) 8 insert 9 (4) In this section: 10 energy efficiency provision--see section 139C (4). 11 7 Part 8 heading 12 substitute 13 Part 8 Building code, recognised 14 standards etc 15 8 New division 8.3 16 insert 17 Division 8.3 Energy efficiency certificates 18 139C Energy efficiency certificates 19 (1) This section applies if a person is required to provide a certificate or 20 other document (an energy efficiency certificate) in relation to an 21 energy efficiency provision. Construction Occupations Legislation Amendment page 3 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 8 1 (2) An energy efficiency certificate must be prepared-- 2 (a) by a building assessor; and 3 (b) in accordance with-- 4 (i) a code of practice (if any) in relation to the certificate; or 5 (ii) if a regulation provides for energy efficiency 6 certificates--the regulation. 7 (3) In this section: 8 code of practice means a code of practice approved under the 9 Construction Occupations (Licensing) Act 2004, s 104A. 10 energy efficiency provision means a provision of this Act or the 11 building code, prescribed by regulation, that requires building work, 12 or proposed building work, or parts of building work, or parts of 13 proposed building work, to comply with stated energy efficiency 14 requirements. 15 Note A reference to an Act includes a reference to the statutory instruments 16 made or in force under the Act, including any regulation (see 17 Legislation Act, s 104). 18 139D Conflict of interest--building assessors 19 (1) A building assessor must not prepare an energy efficiency certificate 20 for building work, in relation to a building, if the building 21 assessor-- 22 (a) has a legal or equitable interest in the building; or 23 (b) has a financial interest in the building; or 24 (c) is the certifier for the building work. 25 (2) However, a building assessor who has a conflict of interest 26 mentioned in subsection (1) (a) or (b) may prepare an energy 27 efficiency certificate if-- page 4 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 9 1 (a) the certificate is for-- 2 (i) proposed building work; or 3 (ii) building work in relation to a building or part of a 4 building that must not be occupied under section 76 5 (Occupation and use of buildings); and 6 Example--part of building 7 · a unit in a multi-unit development 8 · an extension of an existing building 9 Note An example is part of the Act, is not exhaustive and may 10 extend, but does not limit, the meaning of the provision in 11 which it appears (see Legislation Act, s 126 and s 132). 12 (b) the building assessor gives the registrar a declaration of the 13 assessor's conflict of interest. 14 Note If a form is approved under s 128 for the declaration, the form must be 15 used. 16 9 Dictionary, new definition of energy efficiency certificate 17 insert 18 energy efficiency certificate--see section 139C (1). Construction Occupations Legislation Amendment page 5 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 Part 3 Civil Law (Sale of Residential 2 Property) Act 2003 3 10 Meaning of required documents 4 Section 9 (3) 5 omit 6 subsection (1) (h) (ii), (iii) and (iv) 7 substitute 8 subsection (1) (h) (iii) and (iv) 9 11 Definitions for pt 3 10 Section 20, definition of energy efficiency rating 11 guidelines 12 omit 13 12 Section 20, definition of energy efficiency rating 14 statement 15 substitute 16 energy efficiency rating statement--see the Construction 17 Occupations (Licensing) Act 2004, section 123AC. 18 13 Sections 20A and 21 19 omit 20 14 Dictionary, definition of energy efficiency rating 21 guidelines 22 omit page 6 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 15 1 15 Dictionary, definition of energy efficiency rating 2 statement 3 substitute 4 energy efficiency rating statement, for part 3 (Energy efficiency 5 ratings)--see the Construction Occupations (Licensing) Act 2004, 6 section 123AC. Construction Occupations Legislation Amendment page 7 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 16 1 Part 4 Construction Occupations 2 (Licensing) Act 2004 3 16 What is a construction occupation? 4 New section 7 (ca) 5 insert 6 (ca) building assessor; 7 17 New section 8A 8 insert 9 8A What is a building assessor? 10 (1) A building assessor is an entity that provides, has provided or 11 proposes to provide a building assessment service. 12 (2) A building assessment service is the doing of building assessment 13 work. 14 (3) In this section: 15 building assessment work means preparing and providing-- 16 (a) an energy efficiency certificate under the Building Act 2004; or 17 (b) an energy efficiency rating statement; or 18 (c) a statement, certificate or other document prescribed by 19 regulation. 20 Note Energy efficiency certificate--see the Building Act 2004, s 139C. page 8 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 18 1 18 New section 52A 2 insert 3 52A Suspension of licence--public safety 4 (1) This section applies if a licensed construction practitioner engages 5 in conduct that the registrar decides, on reasonable grounds, presents 6 or is likely to present a risk of death or injury to a person, significant 7 harm to the environment or significant damage to property. 8 Examples 9 1 A licensed construction practitioner is licensed to undertake demolition work 10 that involves the removal of asbestos. An inspection of building work being 11 undertaken by the practitioner reveals that the practitioner is employing 12 methods of demolition that are inconsistent with the standards for managing 13 asbestos, and has left asbestos exposed in an area which is access by 14 members of the public and where fibres can be carried into the surrounding 15 environment. The registrar decides to suspend the practitioner's licence to 16 prevent the practitioner from undertaking further work until the practitioner's 17 methods are assessed and corrected. 18 2 A licensed builder has built 7 of 11 proposed dual-occupancy residences. An 19 inspection of 1 of the residences reveals that no fire wall has been built 20 between the 2 occupancies, inconsistent with the building approval. The 21 registrar decides to suspend the builder's licence to inspect the other built 22 residences and prevent other residences being built without a fire wall. 23 Note An example is part of the Act, is not exhaustive and may extend, but 24 does not limit, the meaning of the provision in which it appears (see 25 Legislation Act, s 126 and s 132). 26 (2) The licensed construction practitioner's licence is suspended when 27 the registrar gives the practitioner notice of-- 28 (a) the nature of the conduct; and 29 (b) the nature of the risk. Construction Occupations Legislation Amendment page 9 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 19 1 (3) However, during the suspension the registrar may allow the licensed 2 construction practitioner to undertake construction work, within the 3 scope of the licensee's licence, necessary to comply with a 4 rectification order. 5 (4) The registrar may give the notice orally, in writing or in electronic 6 form. 7 (5) However, if the registrar gives the notice orally, the registrar must 8 give the notice in writing or in electronic form within 2 days after 9 giving the notice orally. 10 19 Section 53 heading 11 substitute 12 53 End of licence suspension 13 20 Section 53 (1) 14 substitute 15 (1) This section applies if the licence of a construction practitioner has 16 been suspended under 1 or more of the following sections: 17 · section 48 (Automatic suspension of individual licence); 18 · section 49 (Automatic suspension of corporate licence); 19 · section 50 (Automatic suspension of partnership licence); 20 · section 51 (Automatic suspension licence--construction 21 occupations); 22 · section 52 (Automatic suspension of licence--occupation 23 classes); 24 · section 52A (Suspension of licence--public safety). page 10 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 21 1 21 Construction occupations registrar 2 New section 103 (2) (ba) 3 insert 4 (ba) building assessment; 5 22 New section 104A 6 insert 7 104A Codes of practice 8 (1) The registrar may, in writing, approve a code of practice for-- 9 (a) a construction occupation; or 10 (b) a class of construction occupation; or 11 (c) a construction service. 12 Note Power given under an Act to make a statutory instrument (including a 13 code of practice) includes power to amend or repeal the instrument (see 14 Legislation Act, s 46 (1)). 15 (2) An approved code of practice may consist of a code, standard, rule, 16 specification or provision relating to the construction occupation or 17 class, or a construction service, and may apply, adopt or incorporate 18 a law or instrument, or a provision of a law or instrument, as in 19 force from time to time. 20 Note A statutory instrument may also apply, adopt or incorporate (with or 21 without change) a law or instrument (or a provision of a law or 22 instrument) as in force at a particular time (see Legislation Act, 23 s 47 (1)). 24 (3) An approved code of practice is a disallowable instrument. 25 Note 1 A disallowable instrument must be notified, and presented to the 26 Legislative Assembly, under the Legislation Act. 27 Note 2 An amendment or repeal of an approved code of practice is also a 28 disallowable instrument (see Legislation Act, s 46 (2)). Construction Occupations Legislation Amendment page 11 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 23 1 23 New parts 11AA and 11AB 2 before part 11A, insert 3 Part 11AA Information sharing 4 123AA Definitions--pt 11AA 5 In this part: 6 public safety agency means any of the following: 7 (a) the registrar; 8 (b) the chief executive responsible for this Act or an operational 9 Act; 10 (c) an inspector appointed under an operational Act; 11 (d) the chief executive responsible for the Emergencies Act 2004; 12 (e) the commissioner and chief officers appointed under the 13 Emergencies Act 2004; 14 (f) an inspector appointed under the Emergencies Act 2004; 15 (g) the chief executive responsible for the Work Safety Act 2008; 16 (h) the commissioner appointed under the Work Safety Act 2008; 17 (i) an inspector appointed under the Work Safety Act 2008; 18 (j) an agency prescribed by regulation. 19 public safety information means information in relation to a 20 situation that presents or is likely to present a risk of death or injury 21 to a person, significant harm to the environment or significant 22 damage to property, that is disclosed to, or obtained by, a public 23 safety agency because the agency is, or has been, a public safety 24 agency. page 12 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 23 1 123AB Sharing public safety information 2 (1) A public safety agency may give public safety information to 3 another public safety agency. 4 (2) A public safety agency may request public safety information from 5 another public safety agency. 6 (3) A public safety agency that receives a request under subsection (2) 7 may comply with the request. 8 (4) However, a public safety agency (the giving agency) must not give 9 public safety information to another public safety agency (the 10 receiving agency) unless the giving agency is satisfied that the 11 receiving agency will use the information to exercise a function 12 given to the receiving agency under a territory law. 13 Part 11AB Energy efficiency rating 14 statements 15 123AC Meaning of energy efficiency rating statement 16 In this Act: 17 energy efficiency rating statement means a statement prepared in 18 accordance with section 123AD. Construction Occupations Legislation Amendment page 13 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 23 1 123AD Energy efficiency rating statement 2 (1) This section applies if a person is required to give an energy 3 efficiency rating statement under a territory law. 4 Examples 5 · the requirement to give an energy efficiency rating statement under the Civil 6 Law (Sale of Residential Property) Act 2003, s 23 7 · the requirement to give an energy efficiency rating statement under the 8 Residential Tenancies Act 1997, s 12 9 Note An example is part of the Act, is not exhaustive and may extend, but 10 does not limit, the meaning of the provision in which it appears (see 11 Legislation Act, s 126 and s 132). 12 (2) An energy efficiency rating statement must be prepared-- 13 (a) by a building assessor; and 14 (b) in accordance with-- 15 (i) a code of practice (if any) in relation to the statement; or 16 (ii) if a regulation provides for energy efficiency rating 17 statements--the regulation. 18 123AE Conflict of interest--building assessors 19 (1) A building assessor must not prepare an energy efficiency rating 20 statement for a building if the building assessor is-- 21 (a) for a statement under the Civil Law (Sale of Residential 22 Property) Act 2003-- 23 (i) the seller, a family member of the seller under that Act, 24 or the seller's agent or lawyer; or 25 (ii) a member of a firm that the seller under that Act, or the 26 seller's agent or lawyer, is a member of; or page 14 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 23 1 (iii) someone else carrying on a business if the seller under 2 that Act, or the seller's agent or lawyer or a family 3 member of the seller, has a direct or indirect right to 4 participate in the profits of the business; or 5 (b) for a statement under the Residential Tenancies Act 1997-- 6 (i) the lessor, a family member of the lessor under that Act, 7 or the lessor's agent or lawyer; or 8 (ii) a member of a firm that the lessor under that Act, or the 9 lessor's agent or lawyer, is a member of; or 10 (iii) someone else carrying on a business if the lessor under 11 that Act, or the lessor's agent or lawyer or a family 12 member of the lessor, has a direct or indirect right to 13 participate in the profits of the business; or 14 (c) in any case--a person who-- 15 (i) has a legal or equitable interest in the building; or 16 (ii) has a financial interest in the building. 17 (2) However, a building assessor who has a conflict of interest 18 mentioned in subsection (1) may prepare an energy efficiency rating 19 statement if-- 20 (a) the building assessor prepares the statement for a new building; 21 and 22 (b) the statement is based on an energy efficiency certificate in 23 relation to the building; and 24 (c) the statement is consistent with the certificate; and 25 (d) the building assessor gives-- 26 (i) the registrar a declaration of the assessor's conflict of 27 interest; and Construction Occupations Legislation Amendment page 15 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 24 1 (ii) the seller or lessor a copy of the declaration. 2 Note If a form is approved under s 128 for the declaration, the form must be 3 used. 4 (3) In this section: 5 energy efficiency certificate--see the Building Act 2004, 6 section 139C. 7 family member, of a person, means-- 8 (a) the person's domestic partner; or 9 (b) the person's parent or child; or 10 (c) the person's brother, sister, half-brother or half-sister; or 11 (d) the parent or child of the person's domestic partner. 12 24 New part 17 13 insert 14 Part 17 Transitional--energy efficiency 15 rating statements 16 Division 17.1 General 17 161 Meaning of commencement day--pt 17 18 In this part: 19 commencement day means the day this part commences. 20 162 Transitional effect--Disapplication of Legislation Act, 21 s 88 22 This part is not a law to which the Legislation Act, s 88 (Repeal 23 does not end effect of transitional laws etc) applies. page 16 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 24 1 163 Expiry--pt 17 2 (1) This part, other than division 17.3, expires 3 years after the 3 commencement day. 4 (2) Division 17.3 and this subsection expire 1 year after the 5 commencement day. 6 Division 17.2 Energy efficiency rating statements 7 164 Definitions--div 17.2 8 In this division: 9 old energy efficiency rating means an energy efficiency rating 10 prepared before the commencement day in accordance with the Civil 11 Law (Sale of Residential Property) Act 2003, part 3 as in force 12 immediately before the commencement day. 13 old energy efficiency rating statement means an energy efficiency 14 rating statement prepared before the commencement day in 15 accordance with the Civil Law (Sale of Residential Property) 16 Act 2003, part 3 as in force immediately before the commencement 17 day. 18 165 Transitional--status of old energy efficiency rating 19 An old energy efficiency rating is taken, on and after the 20 commencement day, to be an energy efficiency rating under the 21 Civil Law (Sale of Residential Property) Act 2003. 22 166 Transitional--status of old energy efficiency rating 23 statement 24 An old energy efficiency rating statement is taken, on and after the 25 commencement day, to be an energy efficiency rating statement 26 under this Act. Construction Occupations Legislation Amendment page 17 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 25 1 Division 17.3 Registered assessors 2 167 Meaning of registered assessor--div 17.3 3 In this division: 4 registered assessor means an individual who the planning and land 5 authority has registered by recording the individual's relevant 6 details in the authority's register of energy assessors for the Civil 7 Law (Sale of Residential Property) Energy Efficiency Rating 8 Guidelines Determination 2009 (DI2009-124) as in force 9 immediately before the commencement day, if that registration has 10 not lapsed, been invalidated, suspended or cancelled. 11 168 Transitional--status of registered assessor 12 A registered assessor is taken, on and after the commencement day, 13 to be a licensed building assessor under this Act. 14 169 Transitional--endorsement of licence to operate software 15 (1) This section applies if a registered assessor was registered to operate 16 stated software immediately before the commencement day. 17 (2) The registered assessor's building assessor's licence is taken, on and 18 after the commencement day, to be endorsed to authorise the 19 assessor to operate the stated software. 20 25 Dictionary, note 2 21 insert 22 · building code 23 26 Dictionary, new definitions 24 insert 25 building assessor--see section 8A. page 18 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 26 1 code of practice means a code of practice approved under 2 section 104A. 3 energy efficiency rating statement--see section 123AC. 4 public safety agency, for part 11AA (Information sharing)--see 5 section 123AA. 6 public safety information, for part 11AA (Information sharing)-- 7 see section 123AA. Construction Occupations Legislation Amendment page 19 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 27 1 Part 5 Construction Occupations 2 (Licensing) Regulation 2004 3 27 Licence applications--Act, s 17 (3) 4 Section 5 (h) 5 substitute 6 (h) if the application is for a licence as-- 7 (i) an asbestos assessor--the name of the insurer who will 8 provide the insurance mentioned in section 16A 9 (Eligibility to be asbestos assessor); or 10 (ii) a building assessor--the name of the insurer who will 11 provide the insurance mentioned in section 16B 12 (Eligibility to be building assessor); or 13 (iii) a building surveyor--the name of the insurer who will 14 provide the insurance mentioned in section 17 (Eligibility 15 to be building surveyor); or 16 (iv) a plumbing plan certifier--the name of the insurer who 17 will provide the insurance mentioned in section 18 18 (Eligibility to be plumbing plan certifier); or 19 (v) a works assessor--the name of the insurer who will 20 provide the insurance mentioned in section 18A 21 (Eligibility to be works assessor); page 20 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 28 1 28 Section 8 heading 2 substitute 3 8 Term of licence for asbestos assessors, building 4 assessors, building surveyors, plumbing plan certifiers 5 and works assessors--Act, s 24 6 29 Section 8 (1) 7 substitute 8 (1) This section applies to a licence in the construction occupation of 9 the following: 10 (a) asbestos assessor; 11 (b) building assessor; 12 (c) building surveyor; 13 (d) plumbing plan certifier; 14 (e) works assessor. 15 30 Particulars in register 16 Section 9 (1) (c) 17 substitute 18 (c) if the licensee is-- 19 (i) an asbestos assessor--the name of the insurer who 20 provides the insurance mentioned in section 16A 21 (Eligibility to be asbestos assessor); or 22 (ii) a building assessor--the name of the insurer who 23 provides the insurance mentioned in section 16B 24 (Eligibility to be building assessor); or Construction Occupations Legislation Amendment page 21 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 31 1 (iii) a building surveyor--the name of the insurer who 2 provides the insurance mentioned in section 17 3 (Eligibility to be building surveyor); or 4 (iv) a plumbing plan certifier--the name of the insurer who 5 provides the insurance mentioned in section 18 6 (Eligibility to be plumbing plan certifier); or 7 (v) a works assessor--the name of the insurer who provides 8 the insurance mentioned in section 18A (Eligibility to be 9 works assessor); 10 31 New section 16B 11 insert 12 16B Eligibility to be building assessor 13 (1) An applicant for a licence as a building assessor is eligible for the 14 licence only if the applicant satisfies the registrar that-- 15 (a) the applicant is adequately insured; and 16 (b) if the class of licence applied for must be endorsed to authorise 17 the licensee to operate stated software--the applicant can 18 competently operate the software. 19 Note The registrar may determine software that a class of building assessor's 20 licence must be endorsed to authorise the licensee to operate 21 (see s 31A). 22 (2) An applicant is adequately insured if the applicant has professional 23 indemnity insurance that provides-- 24 (a) indemnity against claims for breach of professional duty as a 25 building assessor; and 26 (b) a minimum limit of indemnity of $1 000 000 for a single claim. page 22 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 32 1 32 New section 21A 2 insert 3 21A Comply with code of practice 4 (1) This section applies to a licensee if a code of practice applies to the 5 licensee's construction occupation or class of construction 6 occupation, or to a construction service undertaken by the licensee. 7 (2) The licensee must comply with the code of practice, including by 8 using any form of report, certificate or other document (if any) 9 required by the code of practice. 10 33 New section 31A 11 insert 12 31A Endorsing building assessors licences for use of 13 software--Act, s 22 14 (1) The registrar may, on application, endorse a building assessor's 15 licence to authorise the licensee to operate stated software if 16 satisfied that the licensee can competently operate the software. 17 Note If deciding whether to endorse a licence under this section, the registrar 18 must consider the considerations in s 32. 19 (2) The registrar may determine-- 20 (a) that a class of building assessor's licence must be endorsed to 21 authorise a licensee to operate software; and 22 (b) the software that the class of licence must be endorsed to 23 authorise a licensee to operate. 24 (3) A determination is a notifiable instrument. 25 Note A notifiable instrument must be notified under the Legislation Act. Construction Occupations Legislation Amendment page 23 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 34 1 34 Considerations for endorsing under s 30 and s 31 etc 2 Section 32 (1) 3 omit 4 under section 30 or section 31, 5 substitute 6 under section 30, section 31 or section 31A, 7 35 New section 37B 8 insert 9 37B Classes of building assessor 10 The construction occupation of building assessor is divided into the 11 classes in schedule 1, part 1.3A, column 2. 12 36 Classes of construction occupation licence and functions 13 Schedule 1, new part 1.3A 14 insert 15 Part 1.3A Building assessor column 1 column 2 column 3 item construction occupation construction work class 1 class A building (a) the following building assessor--energy assessment work, based on an efficiency on-site inspection: (i) preparing an energy efficiency certificate under the Building Act 2004; or page 24 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 column 1 column 2 column 3 item construction occupation construction work class (ii) preparing an energy efficiency rating statement. Note Energy efficiency certificate--see the Building Act 2004, s 139C. (b) doing anything allowed to be done under a class B licence 2 class B building the following building assessment work, assessor--energy based on the plans of a building: efficiency (a) preparing an energy efficiency certificate under the Building Act 2004; or (b) preparing an energy efficiency rating statement. Note Energy efficiency certificate--see the Building Act 2004, s 139C. 1 37 Reviewable decisions 2 Schedule 4, new item 24A 3 insert 24A 31A refuse to endorse licensee building assessor's licence Construction Occupations Legislation Amendment page 25 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 38 1 Part 6 Residential Tenancies Act 1997 2 38 Dictionary 3 Section 2, note 1 4 omit 5 see the Civil Law (Sale of Residential Property) Act 2003, s 20 6 substitute 7 see the Construction Occupations (Licensing) Act 2004, s 123AC 8 39 Dictionary, definition of energy efficiency rating 9 statement 10 substitute 11 energy efficiency rating statement--see the Construction 12 Occupations (Licensing) Act 2004, section 123AC. page 26 Construction Occupations Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 Construction Occupations Legislation Amendment page 27 Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au