BUILDING WORK CONTRACTORS ACT 1995 - SECT 12

BUILDING WORK CONTRACTORS ACT 1995 - SECT 12

12—Building work must be supervised by registered and approved supervisors

        (1)         A licensed building work contractor must ensure—

            (a)         that there is a registered building work supervisor approved by the Commissioner under this Act as a building work supervisor in relation to the contractor's business at all times during the currency of the licence; and

            (b)         that building work of any kind performed under the authority of the licence is properly supervised by a registered building work supervisor—

                  (i)         who is so approved in relation to the contractor's business; and

                  (ii)         whose registration authorises the supervision of building work of that kind.

        (2)         Subsection (1)(b) does not apply in relation to building work that is properly supervised by a registered architect.

        (3)         If for a period exceeding 28 days—

            (a)         there is not a registered building work supervisor approved in relation to a licensed building work contractor's business as required by subsection (1); or

            (b)         building work performed under the authority of a licence is not supervised as required by that subsection,

the licence is suspended until the contractor complies with the requirements of subsection (1).

        (4)         The Commissioner may, on application by a licensed building work contractor, exempt the contractor from compliance with subsection (1) for a period and subject to conditions determined by the Commissioner if the Commissioner is satisfied that the contractor has made suitable arrangements for all building work performed under the authority of the licence to be properly supervised by a person who is, in the opinion of the Commissioner, competent to perform that function.

        (5)         The Commissioner may, of the Commissioner's own initiative or on application by a licensed building work contractor, if satisfied that there is proper cause to do so—

            (a)         vary the period of an exemption under this section; or

            (b)         vary or revoke the conditions of the exemption or impose a further condition; or

            (c)         revoke the exemption.