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TASMANIA
__________
BUILDING PRACTITIONERS
ACCREDITATION (MISCELLANEOUS
PROVISIONS) BILL 2006
___________
CONTENTS
1. Short Title
2. Commencement
3. Interpretation
4. Application of Act
5. Act binds Crown
6. Audit by Auditor-General
7. Duty to forward financial records to Auditor-General
8. Debt due to Crown by Company
9. Duty of Director of Building Control
10. Original agreement to be void
11. Power of Supreme Court to set aside dispositions
12. Regulations
13. Administration of Act
[Bill 56]58236
BUILDING PRACTITIONERS
ACCREDITATION (MISCELLANEOUS
PROVISIONS) BILL 2006
(Brought in by Andrew Paul Harriss)
A BILL FOR
An Act relating to certain agreements for the accreditation
of building practitioners.
WHEREAS:
A. On 15 February 2006 an agreement was made by the
Minister for Infrastructure, Energy and Resources
(in this Preamble referred to as "the Minister") and
Tasmanian Compliance Corporation Pty Ltd (ACN
104 148 165, in this Preamble referred to as "the
Company") which agreement conferred on the
Company an authorisation to accredit building
practitioners and purported to make that
authorisation exclusive:
B. Pursuant to a subsequent deed signed on behalf of
the Crown and the Company on 25 September 2006,
the 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:
[Bill 56] 3
s. 2. No. Building Practitioners Accreditation 2006
(Miscellaneous Provisions)
C. Doubts having arisen as to the validity of the
agreement referred to in paragraph A, it is expedient
to resolve those doubts:
D. 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 Council and House of Assembly, in Parliament
assembled, as follows:
1. Short title
This Act may be cited as the Building
Practitioners Accreditation (Miscellaneous
Provisions) Act 2006.
2. Commencement
This Act commences on the day on which it
receives the Royal Assent.
3. Interpretation
In this Act, unless the contrary intention
appears--
4
2006 Building Practitioners Accreditation No. s. 4.
(Miscellaneous Provisions)
"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;
"original agreement" means the agreement
referred to in paragraph A of the Preamble;
"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.
4. Application of Act
Except as expressly provided in this Act, this Act
does not derogate from the Building Act 2000 or
any other written law.
5. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
6. Audit by Auditor-General
(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 and the Company.
(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
5
s. 6 No. Building Practitioners Accreditation 2006
(Miscellaneous Provisions)
purposes of accreditation but which have been
retained by the Company --
(i) for the purpose of dealing with complaints;
or
(ii) for any other contingency --
and not actually applied for any such purpose; 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) 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--
6
2006 Building Practitioners Accreditation No. s. 7
(Miscellaneous Provisions)
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).
(6) 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 1993.
(7) The Minister must 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.
7. Duty of Company to forward financial records to
Auditor-General
(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.
(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.
8. Debt due to Crown by Company
7
s. 9 No. Building Practitioners Accreditation 2006
(Miscellaneous Provisions)
(1) If the amount stated in the certificate 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 a debt
due to the Crown by the Company and 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 that debt.
9. Duty of Director of Building Control
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.
10. Original agreement to be void
(1) For the removal of doubts, it is hereby declared that the
original agreement is void and of no effect.
(2) No action or cause of action may be brought by, or
against, the Crown or the Company arising from the operation
of this section.
11. Power of Supreme Court to set aside dispositions
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--
(a) set aside the disposition; and
8
2006 Building Practitioners Accreditation No. s. 12
(Miscellaneous Provisions)
(b) make any consequential orders that the
Court considers just and equitable.
12. Regulations
The Governor may make regulations for the
purposes of this Act.
13. Administration of Act
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.
Government Printer, Tasmania 9