BUILDING AND DEVELOPMENT CERTIFIERS ACT 2018 - As at 12 October 2023 - Act 63 of 2018

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Definitions

PART 2 - REGISTRATION OF CERTIFIERS

Division 1 - Preliminary

• 5 Certification work requires registration
• 6 Registration of persons to carry out certification works
• 7 Grounds for finding that a person is not a suitable person to carry out certification work

Division 2 - Application for registration

• 8 Application for registration
• 9 Secretary may obtain information from third parties
• 10 Grant or refusal of registration
• 11 Duration of registration
• 12 Variation of registration

Division 3 - Conditions of registration

• 13 Conditions of registration
• 14 Compliance with standards or methodologies
• 15 Conditions may provide that authorisation takes effect later

Division 4 - Suspension or cancellation of registration

• 16 Grounds for suspension or cancellation of registration
• 17 Suspension of registration
• 18 Cancellation of registration
• 19 Suspension or cancellation may be subject to conditions

Division 5 - Miscellaneous

• 20 Offence of contravening condition
• 21 Registration not transferable
• 22 Offence of lending certificate registration
• 23 Voluntary surrender or suspension of registration
• 24 Review by Civil and Administrative Tribunal
• 25 Recovery of unpaid fees

PART 3 - REQUIREMENTS ON CERTIFIERS

Division 1 - Insurance or other arrangement

• 26 Registered certifiers to be indemnified
• 27 Regulations under Division

Division 2 - Conflicts of interest

• 28 Conflicts of interest
• 29 Meaning of "conflict of interest"
• 30 Meaning of having a pecuniary interest

Division 3 - General requirements

• 31 Requirements relating to contracts for certification work
• 32 Code of conduct
• 33 Principal certifier to notify client of certain changes
• 34 Registered certifier to notify employer of certain changes
• 35 Registered certifier to notify Secretary of certain events
• 36 Return of certificate of registration
• 37 Responsibilities of individuals acting on behalf of registered body corporate or council

Division 4 - Additional requirements for registered body corporate

• 38 Registered directors must ensure certification work carried out lawfully
• 39 Registered directors must report certain conduct
• 40 Registered body corporate must ensure certification work carried out by individual
• 41 Registered body corporate with insufficient registered directors

Division 5 - Miscellaneous offences relating to certification work

• 42 Improper influence with respect to carrying out certification work
• 43 Representing work is work requiring a registered certifier
• 44 Knowingly issuing a false certificate

PART 4 - DISCIPLINARY ACTION AGAINST CERTIFIERS

• 45 Grounds for taking disciplinary action
• 46 Functions exercised on behalf of council or body corporate
• 47 Notice to show cause
• 48 Disciplinary action that may be taken by Secretary
• 49 Review by Civil and Administrative Tribunal
• 50 Enforcement of monetary penalties and payment of costs
• 51 Liability for offences not affected

PART 5 - ACCREDITATION OF PERSONS CARRYING OUT REGULATED WORK

• 52 Meaning of "regulated work"
• 53 Regulated work requires accreditation
• 54 Accreditation of persons to carry out regulated work
• 55 Regulations may authorise registered certifiers to carry out regulated work

PART 6 - APPROVAL OF ACCREDITATION AUTHORITIES

Division 1 - Accreditation authorities

• 56 Accreditation authority--meaning
• 57 Functions of an accreditation authority
• 58 Person must be approved to exercise functions of accreditation authority
• 59 Approval of accreditation authority to exercise functions
• 60 Effect of approval
• 61 Accreditation authority approval guidelines

Division 2 - Approval procedure

• 62 Application for approval
• 63 Grant or refusal of approval
• 64 Duration of approval
• 65 Variation of approval

Division 3 - Conditions of approval

• 66 Conditions of approval
• 67 Condition that functions are exercised in accordance with approved accreditation scheme
• 68 Condition that functions are exercised only by individuals notified to Secretary
• 69 Condition that functions be exercised in the public interest
• 70 Condition requiring provision of information to the Secretary
• 71 Condition relating to independent audits
• 72 Condition relating to investigations and audits conducted by Secretary
• 73 Condition requiring publication of information
• 74 Condition requiring the keeping of records

Division 4 - Suspension or cancellation of approval

• 75 Grounds for suspension or cancellation of approval
• 76 Suspension of approval
• 77 Cancellation of approval
• 78 Suspension or cancellation may be subject to conditions

Division 5 - Miscellaneous

• 79 Requirements for an accreditation scheme
• 80 Offence of contravening condition
• 81 Offence of carrying out accreditation authority functions during suspension
• 82 Surrender of approval
• 83 Review by Civil and Administrative Tribunal
• 84 Disclosure of information

PART 7 - POWERS OF AUTHORISED OFFICERS

Division 1 - Preliminary

• 85 Definitions
• 86 Purposes for which functions under Part may be exercised

Division 2 - Authorised officers

• 87 Appointment of authorised officers
• 88 Scope of authority
• 89 Identification

Division 3 - Information gathering powers

• 90 Exercise in conjunction with other powers
• 91 Powers of authorised officers to require information and records
• 92 Power of authorised officers to require answers
• 93 Recording of evidence

Division 4 - Entry to premises

• 94 Powers of authorised officers to enter premises
• 95 Entry into residential premises only with permission or warrant
• 96 Search warrants
• 97 Requiring assistance
• 98 Powers that may be exercised on premises

Division 5 - Miscellaneous

• 99 Taking possession of records to be used as evidence
• 100 Obstruction of authorised officers
• 101 Failure to comply with direction

PART 8 - OTHER FUNCTIONS OF THE SECRETARY

• 102 Register of registrations and approvals
• 103 Warning notices
• 104 Undertakings
• 105 Applying for injunctions
• 106 Complaints, investigations and audits of certifiers and accreditation authorities
• 107 Investigation of councils acting as certifier
• 108 Exchange of information
• 109 Secretary may require information about insurance policies
• 110 Secretary may exercise functions of an accreditation authority

PART 9 - MISCELLANEOUS

• 111 Disclosure and misuse of information
• 112 Responsibilities of councils carrying out certain prescribed certification work
• 113 Delegation
• 114 Personal liability
• 115 Offences by bodies corporate
• 116 Service of documents
• 117 Certificate evidence of certain matters
• 118 Penalty notices
• 119 Proceedings for offences
• 120 Regulations
121. (Repealed)
• SCHEDULE 1
Schedule 3 (Repealed)