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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
BUILDING PRACTITIONERS
ACCREDITATION
(FINANCIAL AUDIT) BILL 2006
__________
CONTENTS
Preamble
1. Short title
2. Commencement
3. Interpretation
4. Application of Act
5. Act binds Crown
6. Audit by Auditor-General
7. Duty of Company to forward financial records to Auditor-
General
8. Debt due to Crown by Company
9. Duty of Director of Building Control
10. Power of Supreme Court to set aside dispositions
11. Regulations
12. Administration of Act
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(Blank page for printing purposes)
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BUILDING PRACTITIONERS
ACCREDITATION
(FINANCIAL AUDIT) BILL 2006
(Brought in by Kim Dion Booth MHA)
A BILL FOR
An Act relating to certain agreements for the accreditation of
building practitioners, including a full audit of the Tasmanian
Compliance Corporation's finances up until the time the
Tasmanian Compliance Corporation relinquished its
accreditation authority to the Government, and to determine
whether there are funds retained by the Tasmanian Compliance
Corporation which ought to be recovered by the Crown to
facilitate the ongoing accreditation of building practitioners as
well as resolving complaints.
PREAMBLE
WHEREAS:
A. Pursuant to a deed signed on behalf of the Crown and Tasmanian
Compliance Corporation Pty Ltd (ACN 104 148 165) on 25
September 2006, that Company has surrendered its authorisation,
has paid an amount of $143 239 to the Crown and has transferred
certain property constituting its business assets to the Crown:
B. Consequent on the amendments made by the Building
Amendment Act 2006, it is just and equitable to make provision for
certain money paid to the Company by accredited building
practitioners to be paid to the Crown to be applied in the
administration of a scheme of accreditation provided by the
Building Act 2000:
Be it therefore enacted by His Excellency the Governor of
Tasmania, by and with the advice and consent of the Legislative
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Council and House of Assembly, in Parliament assembled, as
follows:
Short title
1. This Act may be cited as the Building Practitioners
Accreditation (Financial Audit) Act 2006.
Commencement
2. This Act commences on the day on which this Act receives
the Royal Assent.
Interpretation
3. In this Act, unless the contrary intention appears
"accredited building practitioner" means a person who
is or was accredited under Part 4 of the Building Act
2000;
"Company" means Tasmanian Compliance Corporation
Pty Ltd;
"scheme" means the scheme of accreditation provided
by the Building Act 2000;
"subsequent deed" means the deed referred to in
paragraph B of the Preamble.
Application of Act
4. Except as expressly provided in this Act, this Act does not
derogate from the Building Act 2000 or any other written law.
Act binds Crown
5. This Act binds the Crown in right of Tasmania and, so far as
the legislative power of Parliament permits, in all its other
capacities.
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Audit by Auditor-General
6. (1) It is the duty of the Auditor-General to audit before 31
March 2007 the financial records of the Company and, within 14
days after completion of the audit, to provide a report of the audit to
the Minister.
(2) The audit is to be conducted for the purpose of determining
the total of
(a) all amounts paid to the Company by accredited
building practitioners before 1 July 2006 for the
purpose of accreditation
(i) which have been retained by the Company, or
which the Auditor- General considers should
have been retained by the Company, for the
purpose of dealing with complaints; or
(ii) which have been retained by the Company for
any other contingency and which have not
actually been applied for a purpose specified in
subparagraph (i) or (ii); and
(b) all amounts paid to the Company by accredited
building practitioners since 1 July 2006.
(3) The Auditor-General must include in the report a
certificate stating the amount which, in the opinion of the Auditor-
General, fairly represents the cost of administering the scheme by
the Company for the period commenced on 1 July 2006 and ended
on 31 October 2006.
(4) The Auditor-General must also include in the report a
certificate stating the amount which, in the opinion of the Auditor-
General fairly represents the estimated cost of administering the
scheme by the Crown for the period commenced on 1 November
2006 and ending on 30 June 2007 in respect of the accredited
building practitioners affected by the administration of the scheme
referred to in subsection (3).
(5) The Auditor General must also include in the report a
certificate stating whether that in the opinion of the Auditor-
General, the Tasmanian Compliance Corporation ever provided a
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service as required under the terms of its accrediting authority and
to meet its obligations under the Building Act 2000
(a) The certificate is to detail the extent, if any, to which a
merchantable service was provided to persons who paid
a fee for that service and whether in the opinion of the
Auditor-General fairly should be refunded.
(6) For the purposes of subsection (4), the Auditor-
General is to take into account
(a) the amount paid to the Crown by the Company under
the subsequent deed; and
(b) the value to the Crown of the Company having
performed its other obligations under that deed and
the Auditor-General must also include in the report a
certificate stating the amount which, in the opinion of
the Auditor-General, fairly represents the total of the
amount referred to in paragraph (a) and the value
referred to in paragraph (b).
(7) For the purposes of this section, the Auditor- General
has all the powers conferred on him or her under Part 3 of the
Financial Management and Audit Act 1990.
(8) The Minister may cause a copy of the report to be laid
upon the table of each House of Parliament within 10 sitting-days of
that House after it is received by him or her.
Duty of Company to forward financial records to Auditor-
General
7. (1) For the purposes of the audit required by section 6, the
Auditor-General may, by notice in writing given to a member,
director or employee of the Company require that member, director
or employee to forward to the Auditor-General, within such time as
may be determined by the Auditor-General, any documents
constituting the financial records of the Company.
(2) A member, director or employee of the Company who
fails to comply with a requirement under subsection (1) is guilty of
an offence and is liable on summary conviction to a fine not
exceeding 50 penalty units.
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(3) In a prosecution for an offence under subsection (2), it
is a defence if the person charged can show that at the relevant time
the required documents of the Company were not in the possession
or custody of, or under the control of, that person, unless the lack of
possession, custody or control arose from a wrongful act or
omission on the part of that person.
Debt due to Crown by Company
8. (1) If the total amount determined under section 6(2), after
deducting the amounts stated in the certificates under section 6(3)
and (5), is more than zero, that amount is taken to be money had and
received by the Company for the use of the Crown and is
recoverable as such in any court of competent jurisdiction.
(2) On compliance with section 6 by the Auditor- General,
the Minister may, by notice in writing to the Company, require
payment of the amount recoverable under subsection (1).
(3) If the Auditor-General fairly determines that a refund is
due to persons mentioned under Section 6 (5) that amount is taken
to be an amount recoverable by the Crown in any Court of
competent jurisdiction and will be re-paid by the Crown to those
persons mentioned in Section 6 (5) no later than 30 days after
receipt.
Duty of Director of Building Control
9. Any amount paid to the Crown under this Act is to be applied
by the Director of Building Control in the administration of the
scheme on and after 1 November 2006.
Power of Supreme Court to set aside dispositions
10. If the Supreme Court is satisfied that the Company has on, or
after 17 November 2006, made a disposition of property for the
purpose of, or which may have the effect of, frustrating the
operation of this Act, the Court may, on the application of any
person who in the opinion of the Court has a sufficient interest in
the matter
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(a) set aside the disposition; and
(b) make any consequential orders that the Court considers
just and equitable.
Regulations
11. The Governor may make regulations for the purposes of this
Act.
Administration of Act
12. Until provision is made in relation to this Act by order under
section 4 of the Administrative Arrangements Act 1990
(a) the administration of this Act is assigned to the
Minister for Justice and Workplace Relations; and
(b) the department responsible to the Minister for Justice
and Workplace Relations in relation to the administration of this Act
is the Department of Justice.
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