Northern Territory Explanatory Statements
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PLUMBERS AND DRAINERS LICENSING AMENDMENT BILL 2009
Plumbers and Drainers Licensing Amendment Bill
Serial No. 39
Legislative Assembly of the
Northern Territory
Minister for Planning and Lands
EXPLANATORY STATEMENT
GENERAL OUTLINE
This Bill amends the Plumbers and Drainers Licensing Act.
The purpose of the Bill is to place beyond doubt the application of the Plumbers and Drainers Licensing Act since 1 January 2001 and to validate the performance of functions and the exercise of powers under the Act since that time
The Plumbers and Drainers Licensing Act commenced in 1983 and relies on declarations of districts and areas under the Water Supply and Sewerage Act for its application. On 1 January 2001 the Water Supply and Sewerage Act was repealed.
The application clause in the Bill refers to a Plumbing Licence Area. The Act will apply in a Plumbing Licence Area.
The Bill also has clauses to bring the Act in line with current procedures that have been in place since 1993 when private certification under the Building Act commenced.
The opportunity has been taken to make other minor changes on advice from Parliamentary Counsel.
NOTES ON CLAUSES
Clause 1 Short title
The Bill when passed will be cited as the Plumbers and Drainers Licensing Amendment Act 2009.
Clause 2 Commencement
This amendment Act will commence on the date fixed by the Administrator by Gazette notice.
Clause 3 Act amended
The Bill amends the Plumbers and Drainers Licensing Act.
Clause 4 Amendment of section 3 (Definitions)
Sub-clause 1
The words “unless the contrary intention appears” are deleted in accordance with current drafting practice.
Sub-clause 2
The definitions of apprentice and inspector are removed. Sub-clause 3 provides a new definition for apprentice. The public sector inspector as such ceased to exist with the commencement of private certification in1993 and most of the inspectorial functions in the Plumbers and Drainers Licensing Act were transferred to certifying plumbers and other registered practitioners under the private certification provisions of the Building Act.
Sub-clause 3
The current definition for apprentice refers to the Industries Training Act. That Act has been replaced by the Northern Territory Employment and Training Act. The new definition makes the change.
A new definition of authorised officer is proposed. Authorised officers will be responsible for the remainder of the inspectorial functions in the Plumbers and Drainers Licensing Act that are not carried out by registered practitioners under private certification. Authorised officers will be those within Building Advisory Services in the Department of Planning and Infrastructure authorised under section 4 of the Building Act.
A new definition of plumbing licence area is proposed. A plumbing licence area is declared under proposed new section 17. A plumbing licence area is for the purpose of the amended application provision in proposed section 4(1). The existing Act applies to sewerage districts, water districts, sewered areas and water supply areas declared under the repealed Water Supply and Sewerage Act. The distinctions between water and sewerage districts and areas are not required for the purposes of the Plumbers and Drainers Licensing Act. Hence the new term plumbing licence area.
A new definition of prescribed Acts is proposed. There are three Acts of particular relevance to the plumbing industry. They are the Plumbers and Drainers Licensing Act, the Building Act and the Water Supply and Sewerage Services Act (legislation for PowerWater Corporation). There are several sections where all Acts apply, hence for ease the term prescribed Acts is proposed.
Sub-clause 4
Part IV is changed to Part 4 in accordance with current drafting practice.
Clause 5 Amendment of section 4 (Application)
Section 4(1) applies the Act to work carried out in the newly defined plumbing licence areas rather than the existing reference to declarations under the repealed Water Supply and Sewerage Act.
Clause 6 Amendment of section 16 (Functions and powers of Board)
Sub-clause 1
Section 16(1)(g) relates to the power of the Plumbers and Drainers Licensing Board to seek relevant reports. Reference to the repealed Water Supply and Sewerage Act is removed and replaced by reference to the three prescribed Acts.
Sub-clause 2
The word “and” is inserted for clarity.
Sub-clause 3
In 1993 the inspectorial functions were transferred to the private sector. The words “or inspectorial” are no longer relevant and are to be removed from section 16(2)(e).
Sub-clause 4
The word “or” is added for clarity.
Sub-clause 5
The word “and” is added for clarity.
Clause 7 Part 3 Plumbing licence areas
Part 3 is a new Part and section 17 is a new section.
The clause allows the Minister to declare a plumbing licence area by Gazette notice. The declaration may refer to a map or plan and may take effect on the date of the Gazette notice or a later date.
Clause 8 Amendment of section 24 (Deciding application for licence as advanced tradesman)
Sub-clause 1
Section 24(2)(b)(iii) is a provision that allows the Board to assess the competence for an applicant for a licence. The amendment removes reference to the repealed Water Supply and Sewerage Act and replaces it with the three prescribed Acts.
Sub-clause 2
The word “and” is added for clarity.
Clause 9 Amendment of section 30 (Cancellation or suspension of registration card or licence)
Sub-clause 1
Section 30(2)(a) is a provision that allows the Board to cancel or suspend a licence where an offence has been committed. The amendment removes reference to the repealed Water Supply and Sewerage Act and replaces it with the three prescribed Acts.
Sub-clause 2
The word “or” is added for clarity.
Clause 10 Amendment of section 39 (Non-application of section 38)
Sections 38 and 39 relate to who may carry out plumbing or drainage work. Subject to section 39, section 38 requires a person to hold a licence as an advanced tradesman or a registration card as a journeyman.
Section 39 allows an owner to carry out repairs such as replacing a washer or a tap subject to certain conditions.
Sub-clause 1
The definition in Section 39(1) for approved cold water plumbing installation requires amendment as it refers to the repealed Water Supply and Sewerage Act. Reference to approval under the repealed Act in paragraph (b) will be removed and replaced by requiring the original installation to have been lawfully installed.
Section 39(1) also defines an approved plan. Under private certification there is no requirement for such plans, hence the definition is removed.
Section 39(2) is amended to remove reference to technical provisions of the repealed Water Supply and Sewerage Act and simply state that any new fittings must be substantially the same as the ones being replaced.
Sub-clause 2
In section 39(3)(a) reference to water supply area or a water district is replaced with reference to plumbing licence area.
Sub-clause 3
Because (c) is to be deleted “or” and the end of section 39(3)(b)(ii) needs to be removed.
Sub-clause 4
Section 39(3)(c) refers to subsection (4) which relates to the process prior to private certification. As (4) is no longer relevant, section 39(3)(c) is to be removed.
Sub-clause 5
Section 39(4) is to be removed for the reason given above.
Clause 11 Repeal and substitution of section 42
In section 42(1), “Penalty” is amended to “Maximum Penalty” in keeping with current drafting practice.
In section 42(2) “inspector” is replaced by “authorised officer” and “Penalty” is amended to “Maximum Penalty” in keeping with current drafting practice
Clause 12 Amendment of section 43 (Insufficient supervision or control)
Section 43 relates to the responsibility of an advanced tradesman over employees. It is unreasonably wide as it stands. The amendment limits the responsibility to where work is carried out under this Act.
Clause 13 Amendment of section 48 (Powers and duties of inspectors)
Sub-clause 1
“Inspectors” is relaced with “authorised officer” in the heading of section 48.
Sub-clause 2
Section 48(1) is amended to refer to an authorised officer rather than an inspector and replace the repealed Water Supply and Sewerage Act with the Building Act The provision allows entry to land and appropriate action in the belief of an offence.
Sub-clause 3
“Inspector” is replaced with “authorised officer” in section 48(2).
Sub-clause 4
“Inspector” is replaced with “authorised officer” in section 48(3).
Sub-clause 5
In section 48(3), “Penalty” is amended to “Maximum Penalty” in keeping with current drafting practice.
Clause 14 Part 8 Declarations relevant to period before commencement of Plumbers and Drainers Licensing Amendment Act 2009
This is a new part. By declaration, the application of the Act since 1 January 2001 is confirmed and the performance of functions and the exercise of powers under the Act since that time are validated.
The clause defines a prescribed period starting on 1 January 2001 and ending on the day immediately before the commencement of this section.
The clause also defines a relevant area as an area that, on 31 December 2000, was a sewerage district or water district declared under section 10 of the repealed Water Supply and Sewerage Act, a sewered area declared under section 12 or a water supply area declared under section 13 of that Act.
The clause has the effect of confirming the application of the Act to a relevant area during the prescribed period.
As is usual with retrospective legislation, proposed section 50(3) protects a person from being held criminally liable for an act or omission during the prescribed period in relation to work in a relevant area only because of this declaration. In the unlikely case where an issue of substance arises, prosecution under the Building Act would be the most likely course.
Concurrently with the commencement of the amending Act, Plumbing Licence Areas will be declared in the form of maps based on the declarations referred to in the definition of relevant areas.
Clause 15 Further amendments
The schedule lists further drafting changes in numbers and terms, particularly for those sections that are not amended in the body of the Bill.
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