BUILDING WORK CONTRACTORS ACT 1995 - NOTES
BUILDING WORK CONTRACTORS ACT 1995 - NOTES
Notes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation repealed by principal
Act
The Building Work Contractors Act 1995 repealed the
following:
Builders Licensing Act 1986
Legislation amended by principal Act
The Building Work Contractors Act 1995 amended the
following:
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1995 |
87 |
7.12.1995 |
1.6.1996 (Gazette 23.5.1996 p2536) |
|
|
1996 |
34 |
Statutes Amendment and Repeal (Common Expiation Scheme)
Act 1996 |
2.5.1996 |
Sch (cl 7)—3.2.1997 (Gazette 19.12.1996
p1923) |
|
1998 |
21 |
Statutes Amendment (Consumer Affairs) Act 1998 as amended by
22/1998 |
2.4.1998 |
|
|
1998 |
22 |
Statutes Amendment (Consumer Affairs) Amendment Act 1998 |
2.4.1998 |
2.4.1998 |
|
1999 |
78 |
Building Work Contractors (GST) Amendment Act 1999 |
2.12.1999 |
2.12.1999 |
|
2000 |
4 |
District Court (Administrative and Disciplinary Division) Amendment
Act 2000 |
20.4.2000 |
Sch 1 (cl 4)—1.6.2000 (Gazette 18.5.2000
p2554) |
|
2001 |
47 |
Statutes Amendment (Consumer Affairs) Act 2001 |
11.10.2001 |
|
|
2001 |
69 |
Statutes Amendment (Courts and Judicial Administration)
Act 2001 |
6.12.2001 |
|
|
2008 |
5 |
Statutes Amendment (Advisory Panels Repeal) Act 2008 |
13.3.2008 |
Pt 2 (s 3)—13.3.2008 |
|
2009 |
39 |
Statutes Amendment and Repeal (Fair Trading) Act 2009 |
23.7.2009 |
|
|
2009 |
77 |
Building and Construction Industry Security of Payment Act
2009 |
10.12.2009 |
Sch 1 (cl 2)—10.12.2011 (s 7(5) Acts Interpretation
Act 1915) |
|
2012 |
3 |
Business Names Registration (Transitional Arrangements)
Act 2012 |
22.3.2012 |
Sch 1 (cl 5)—28.5.2012 (Gazette 19.4.2012
p1467) |
|
2012 |
43 |
Statutes Amendment (Courts Efficiency Reforms)
Act 2012 |
22.11.2012 |
|
|
2013 |
16 |
Statutes Amendment (Directors' Liability) Act 2013 |
23.5.2013 |
Pt 7 (s 11)—17.6.2013 (Gazette 6.6.2013
p2498) |
|
2013 |
71 |
Statutes Amendment (Occupational Licensing) Act 2013 |
21.11.2013 |
Pt 2 (ss 4, 5, 7, 10—12)—1.11.2014 (Gazette 9.10.2014
p6095); ss 6, 8 & 9—21.11.2015 (Gazette 29.10.2015
p4742) |
|
2017 |
7 |
Statutes Amendment and Repeal (Simplify) Act 2017 |
15.3.2017 |
|
|
2019 |
14 |
Statutes Amendment (SACAT) Act 2019 |
11.7.2019 |
|
|
2023 |
39 |
7.12.2023 |
Sch 1 (cl 5)—1.1.2024: s 2 |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended under Legislation Revision and Publication
Act 2002 |
|
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
|
|
|
|
|
|
28.5.1998 |
||
|
amended by 71/2013 s 4 |
1.11.2014 |
|
|
District Court |
deleted by 14/2019 s 38(1) |
4.5.2020 |
|
GST |
inserted by 78/1999 s 2 |
2.12.1999 |
|
inserted by 78/1999 s 2 |
2.12.1999 |
|
|
inserted by 14/2019 s 38(2) |
4.5.2020 |
|
|
inserted by 21/1998 s 4 |
28.5.1998 |
|
|
Pt 2 |
|
|
|
|
|
|
|
amended by 71/2013 s 5 |
1.11.2014 |
|
|
s 6(3) and (4) |
inserted by 7/2017 s 14 |
1.7.2017 |
|
|
|
|
|
amended by 71/2013 s 6 |
21.11.2015 |
|
|
|
|
|
|
amended by 47/2001 s 4(a) |
1.11.2001 |
|
|
s 8(3)—(6) |
inserted by 47/2001 s 4(b) |
1.11.2001 |
|
|
|
|
|
amended by 39/2009 s 4(1) |
3.9.2009 |
|
|
|
amended by 71/2013 s 7(1) |
1.11.2014 |
|
|
(d) deleted by 71/2013 s 7(1) |
1.11.2014 |
|
inserted by 71/2013 s 7(2) |
1.11.2014 |
|
|
amended by 39/2009 s 4(2) |
3.9.2009 |
|
|
|
amended by 71/2013 s 7(3) |
1.11.2014 |
|
|
(b)(iii) deleted by 71/2013 s 7(3) |
1.11.2014 |
|
inserted by 71/2013 s 7(4) |
1.11.2014 |
|
|
|
|
|
|
substituted by 14/2019 s 39(1) |
4.5.2020 |
|
|
1.6.2000 |
||
|
|
substituted by 14/2019 s 39(1) |
4.5.2020 |
|
amended by 14/2019 s 39(2) |
4.5.2020 |
|
|
1.6.2000 |
||
|
1.6.2000 |
||
|
inserted by 47/2001 s 5 |
1.11.2001 |
|
|
|
|
|
|
amended by 47/2001 s 6 |
1.11.2001 |
|
|
|
amended by 7/2017 s 15 |
1.7.2017 |
|
Pt 3 |
|
|
|
|
|
|
|
amended by 71/2013 s 8 |
21.11.2015 |
|
|
substituted by 71/2013 s 9 |
21.11.2015 |
|
|
|
|
|
|
1.11.2001 |
||
|
s 15(2)—(6) |
inserted by 47/2001 s 7 |
1.11.2001 |
|
substituted by 71/2013 s 10 |
1.11.2014 |
|
|
|
|
|
|
substituted by 14/2019 s 40(1) |
4.5.2020 |
|
|
1.6.2000 |
||
|
|
substituted by 14/2019 s 40(1) |
4.5.2020 |
|
amended by 14/2019 s 40(2) |
4.5.2020 |
|
|
1.6.2000 |
||
|
1.6.2000 |
||
|
inserted by 47/2001 s 8 |
1.11.2001 |
|
|
|
|
|
|
amended by 47/2001 s 9 |
1.11.2001 |
|
|
|
amended by 7/2017 s 16 |
1.7.2017 |
|
|
|
|
|
substituted by 71/2013 s 11(1) |
1.11.2014 |
|
|
amended by 34/1996 s 4 (Sch cl 7) |
3.2.1997 |
|
|
|
deleted by 71/2013 s 11(2) |
1.11.2014 |
|
amended by 34/1996 s 4 (Sch cl 7) |
3.2.1997 |
|
|
amended by 34/1996 s 4 (Sch cl 7) |
3.2.1997 |
|
|
|
amended by 71/2013 s 11(3)—(5) |
1.11.2014 |
|
Pt 3A |
inserted by 39/2009 s 5 |
3.9.2009 |
|
|
substituted by 71/2013 s 12 |
1.11.2014 |
|
|
|
|
|
s 19A(4) and (5) |
substituted by 14/2019 s 41(1) |
4.5.2020 |
|
amended by 14/2019 s 41(2) |
4.5.2020 |
|
|
substituted by 14/2019 s 41(3) |
4.5.2020 |
|
|
deleted by 14/2019 s 41(3) |
4.5.2020 |
|
|
Pt 3B |
inserted by 71/2013 s 12 |
1.11.2014 |
|
|
|
|
|
s 19B(3) and (4) |
substituted by 14/2019 s 42(1) |
4.5.2020 |
|
amended by 14/2019 s 42(2) |
4.5.2020 |
|
|
substituted by 14/2019 s 42(3) |
4.5.2020 |
|
|
deleted by 14/2019 s 42(3) |
4.5.2020 |
|
|
Pt 4 |
|
|
|
amended by 14/2019 s 43 |
4.5.2020 |
|
|
|
|
|
|
amended by 14/2019 s 44(1) |
4.5.2020 |
|
|
amended by 14/2019 s 44(1), (2) |
4.5.2020 |
|
|
amended by 21/1998 s 5 |
28.5.1998 |
|
|
|
substituted by 14/2019 s 45 |
4.5.2020 |
|
|
|
|
|
amended by 21/1998 Sch cl 1 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 14/2019 s 46 |
4.5.2020 |
|
amended by 14/2019 s 46 |
4.5.2020 |
|
|
amended by 14/2019 s 47 |
4.5.2020 |
|
|
Pt 5 |
|
|
|
|
|
|
|
s 29(8a)—(8c) |
inserted by 78/1999 s 3(a) |
2.12.1999 |
|
|
|
|
|
cost-plus clause |
inserted by 78/1999 s 3(b) |
2.12.1999 |
|
fixed price contract |
inserted by 78/1999 s 3(b) |
2.12.1999 |
|
GST clause |
inserted by 78/1999 s 3(b) |
2.12.1999 |
|
|
|
|
|
amended by 77/2009 Sch 1 cl 2(1)—(4) |
10.12.2011 |
|
|
amended by 77/2009 Sch 1 cl 2(5) |
10.12.2011 |
|
|
amended by 77/2009 Sch 1 cl 2(6) |
10.12.2011 |
|
|
|
|
|
|
amended by 34/1996 s 4 (Sch cl 7) |
3.2.1997 |
|
|
|
|
|
|
|
|
|
|
business day |
deleted by 39/2023 Sch 1 cl 5 |
1.1.2024 |
|
amended by 21/1998 s 6 |
28.5.1998 |
|
|
|
|
|
|
amended by 69/2001 s 4 |
3.2.2002 |
|
|
|
amended by 43/2012 s 4 |
1.7.2013 |
|
Pt 6 |
deleted by 5/2008 s 3 |
13.3.2008 |
|
Pt 7 |
|
|
|
|
|
|
|
amended by 7/2017 s 17 |
1.7.2017 |
|
|
|
|
|
|
inserted by 39/2009 s 6 |
3.9.2009 |
|
|
|
|
|
|
amended by 14/2019 s 48(1), (2) |
4.5.2020 |
|
|
inserted by 14/2019 s 48(3) |
4.5.2020 |
|
|
amended by 21/1998 Sch cl 1 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 34/1996 s 4 (Sch cl 7) |
3.2.1997 |
|
|
|
amended by 3/2012 Sch 1 cl 5 |
28.5.2012 |
|
|
|
|
|
amended by 34/1996 s 4 (Sch cl 7) |
3.2.1997 |
|
|
|
|
|
|
amended by 34/1996 s 4 (Sch cl 7) |
3.2.1997 |
|
|
s 56 |
deleted by 16/2013 s 11 |
17.6.2013 |
|
|
|
|
|
substituted by 21/1998 Sch cl 1 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
Sch 1 before deletion by 14/2019 |
|
|
|
scl (4) |
amended by 21/1998 s 7 |
28.5.1998 |
|
Sch 1 |
deleted by 14/2019 s 49 |
4.5.2020 |
|
Sch 2 |
|
|
|
scl (4) |
amended by 21/1998 s 8 |
28.5.1998 |
|
Sch 3 |
|
|
|
cl 1 |
omitted under Legislation Revision and Publication
Act 2002 |
|
|
cll (6a) and (6b) |
inserted by 21/1998 s 9 |
28.5.1998 |
|
Sch 4 |
omitted under Legislation Revision and Publication
Act 2002 |
|
Transitional etc provisions associated with Act or
amendments
Statutes Amendment and Repeal (Common Expiation
Scheme) Act 1996
5—Transitional provision
An Act repealed or amended by this Act will continue to apply (as in force
immediately prior to the repeal or amendment coming into operation) to an
expiation notice issued under the repealed or amended Act.
Statutes Amendment (Courts and Judicial
Administration) Act 2001
5—Transitional provision
The amendments made to the principal Act by this Part—
(a) do not apply in respect of proceedings commenced before the
commencement of this Part (and those proceedings may continue as if this Act had
not been enacted); and
(b) apply in respect of proceedings commenced after the commencement of
this Part (including proceedings in respect of a claim arising before the
commencement of this Part).
Statutes Amendment (Courts Efficiency Reforms) Act
2012
5—Transitional provision
The amendment made to the Building Work Contractors Act 1995 by
this Part—
(a) does not apply in respect of proceedings commenced before the
commencement of this Part (and those proceedings may continue as if this Act had
not been enacted); and
(b) applies in respect of proceedings commenced on or after the
commencement of this Part (including proceedings in respect of a claim arising
before the commencement of this Part).
Statutes Amendment (SACAT) Act 2019,
Pt 6
50—Transitional provisions
(1) A right of appeal under section 10, 17, 19A or 19B of the
principal Act in existence before the relevant day (but not exercised before
that day) will be exercised as if this Part had been in operation before that
right arose, so that the relevant proceedings may be commenced before the
Tribunal rather than the Administrative and Disciplinary Division of the
District Court.
(2) A right to lodge a complaint under section 22 of the principal Act
with respect to a matter in existence before the relevant day, with the effect
that the relevant proceedings would have been commenced before the
Administrative and Disciplinary Division of the District Court, will be
exercised as if this Part had been in operation before the right arose, so that
the complaint may be lodged with the Tribunal rather than the District
Court.
(3) A decision or order of the Administrative and Disciplinary Division of
the District Court under Part 4 of the principal Act in force immediately before
the relevant day will, on and from the relevant day, be taken to be a decision
or order of the Tribunal.
(4) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(5) A member of each panel of persons who may sit as assessors established
under Schedule 1 of the principal Act (as in force immediately before the
relevant day) will cease to hold office on the commencement of this subsection
and any contract of employment, agreement or arrangement relating to the office
held by that member is terminated by force of this subsection at the same
time.
(6) In this section—
principal Act means the Building Work Contractors
Act 1995;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal established under the South Australian Civil and Administrative
Tribunal Act 2013.
Historical versions
|
Reprint No 1—3.2.1997 |
|
|
Reprint No 2—28.5.1998 |
|
|
Reprint No 3—2.12.1999 |
|
|
Reprint No 4—1.6.2000 |
|
|
Reprint No 5—1.11.2001 |
|
|
Reprint No 6—3.2.2002 |
|
|
13.3.2008 |
|
|
3.9.2009 |
|
|
10.12.2011 |
|
|
28.5.2012 |
|
|
17.6.2013 |
|
|
1.7.2013 |
|
|
1.11.2014 |
|
|
21.11.2015 |
|
|
1.7.2017 |
|
|
4.5.2020 |
|