BUILDING WORK CONTRACTORS ACT 1995 - SECT 19
BUILDING WORK CONTRACTORS ACT 1995 - SECT 19
19—Approval as building work supervisor in relation to licensed
building work contractor's business
(1) Subject to this
section, the Commissioner may, on application by a licensed
building work contractor, approve a person as a building work supervisor in
relation to the contractor's business.
(2) If a licensed
building work contractor is a registered building work supervisor authorised
to supervise building work of a kind not more limited than that which the
contractor is authorised to perform under the licence, the contractor is to be
taken to have been approved by the Commissioner under this section as a
building work supervisor in relation to the contractor's business.
(3) An application for
approval must—
(a) be
made to the Commissioner in the manner and form approved by the Commissioner;
and
(b) be
accompanied by the fee fixed by regulation.
(4) A person is not
eligible to be approved as a building work supervisor in relation to a
licensed building work contractor's business unless the person is a registered
building work supervisor.
(5) The Commissioner
may refuse an application for approval of a person as a
building work supervisor in relation to a licensed building work contractor's
business—
(a) if
the person is not eligible to be so approved; or
(b) if
the person is already approved as a building work supervisor in relation to
the business of a person other than the contractor.
(7) If—
(a) a
licensed building work contractor carries on business in partnership with
other persons licensed under this Act; and
(b) the
composition of the partnership changes or the partnership is dissolved,
the contractor must ensure that, within 14 days after the change in
composition of the partnership or dissolution of the partnership, the
Commissioner is notified in writing of that fact.
Maximum penalty: $2 500.
Expiation fee: $80.
(8) If—
(a) a
person approved as a building work supervisor in relation to a licensed
building work contractor's business has been employed or otherwise engaged by
the contractor for the purpose of performing that function; and
(b) the
person ceases to be employed or engaged to perform that function,
the contractor must ensure that, within 14 days after the person ceases to be
employed or engaged to perform that function (whether or not the person
remains employed or engaged by the contractor to perform any other function),
the Commissioner is notified in writing of that fact.
Maximum penalty: $2 500.
Expiation fee: $80.
(9) If the
Commissioner is satisfied that a person approved as a building work supervisor
in relation to a licensed building work contractor's business is no longer
eligible to be so approved, the Commissioner must cancel the approval.