South Australian Consolidated Regulations South Australian Consolidated Regulations (1) A person who is
authorised by licence under the Plumbers, Gas
Fitters and Electricians Act 1995 to carry on business as a gas fitting
contractor or an electrical contractor is exempt from the requirement to be
licensed under Part 2 of the Act as a building work contractor subject to the
condition that any building work performed by the person is limited to work
authorised by the person's licence under the Plumbers, Gas Fitters and
Electricians Act 1995 .
(1a) A person who is
authorised by licence under the Plumbers, Gas
Fitters and Electricians Act 1995 to carry on business as a plumbing
contractor is exempt from the requirement to be licensed under Part 2 of the
Act as a building work contractor subject to the condition that any
building work performed by the person is limited—
(a) to
work authorised by the person's licence under the Plumbers, Gas
Fitters and Electricians Act 1995 ; or
(b) if
the person's licence under the Plumbers, Gas Fitters and
Electricians Act 1995 is not subject to conditions limiting the work that
may be performed under the authority of the licence—to minor roof
plumbing work.
(2) A person who is
authorised by licence under the Controlled Substances (Pesticide)
Regulations 1988 (see Gazette 19.5.1988 p1267 ) to carry on business as a
pest controller is exempt from the requirement to be licensed under Part 2 of
the Act as a building work contractor subject to the condition that any
building work performed by the person is limited to work authorised by the
person's licence under the Controlled Substances (Pesticide)
Regulations 1988 .
(3) A person who is
authorised by a security agents licence or a restricted security agents
licence to install or maintain security alarm or surveillance systems under
the Security and Investigation Agents Act 1995 is exempt from the
requirement to be licensed under Part 2 of the Act as a building work
contractor subject to the condition that any building work performed by the
person is limited to work authorised by the person's licence under the
Security and Investigation Agents Act 1995 .
(4) The South
Australian Housing Trust and the Minister for State Development are
exempt—
(a) from
the requirement to be licensed under Part 2 of the Act as a building work
contractor;
(b) from
the application of Division 3 of Part 5 of the Act.
(4a) The MFP
Development Corporation and the MFP Industrial Premises Corporation are exempt
from the requirement to be licensed under Part 2 of the Act as a building work
contractor.
(5) Registered
architects are exempt from the application of section 18 of the Act.
(6) A building work
contractor is exempt from the application of Divisions 1, 3 and 4 of Part 5 of
the Act in relation to a contract for the performance of
domestic building work consisting solely of demolition work.
(6a) A building work
contractor is exempt from the application of Division 3 of Part 5 of the Act
in relation to—
(a) a
contract for the construction of a multi-storey residential building in
respect of the performance of domestic building work for the construction of
that building;
(b) a
contract for the performance of domestic building work if the work is
performed by a building work contractor as a contractor for the South
Australian Housing Trust.
(7) A building work
contractor is exempt from the application of sections 28, 29 and 30 and
Division 4 of Part 5 of the Act in relation to a contract for the performance
of domestic building work if—
(a) the
work is performed by a building work contractor as a contractor for the South
Australian Housing Trust or the Minister for State Development; or
(b) the
building owner is a body corporate that is a public company within the meaning
of the Corporations Act 2001 of the Commonwealth or that is a subsidiary
within the meaning of the Corporations Act 2001 of the Commonwealth of
such a public company.
(8) In this
regulation—
"minor roof plumbing work" means building work connected with the
installation, renovation, replacement, alteration, repair or maintenance of
flashings, guttering, downpipes, roof flashings or roof coverings on a
building, where the cost of the work is less than $3 000;
"multi-storey residential building" means a building that—
(a) has
a rise in storeys of more than 3; and
(b)
contains 2 or more separate dwellings;
"storey" means a space within a building situated between one floor level and
the floor level next above, or if there is no floor above, the ceiling or roof
above, but does not include—
(a) a
space that contains only—
(i)
a lift shaft, stairway or meter room; or
(ii)
a bathroom, shower room, laundry, water closet, or other
sanitary compartment; or
(iii)
accommodation intended only for vehicles; or
(iv)
a combination of any of the facilities referred to in one
or more of the above subparagraphs; or
(b) a
mezzanine.
(9) For the purposes
of subregulation (8)—
(a) the
cost of roof plumbing work is to be determined as if—
(i)
the work were performed under a contract between the
plumbing contractor and another person; and
(ii)
the contract included the supply by the plumbing
contractor of all materials necessary for the work; and
(b) if a
plumbing contractor and a person make an arrangement under which roof plumbing
work at a site is to be performed in stages by the contractor, the cost of the
roof plumbing work will be the sum of the cost of the work performed at each
stage.