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TASMANIA
__________
OCCUPATIONAL LICENSING AMENDMENT
BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 7 amended (Application of Act to occupations, trades
and callings)
6. Section 97 amended (Confidentiality)
7. Section 104 substituted
104. Transitional and savings provisions
8. Section 106 substituted
106. Consequential amendments
9. Section 109 inserted
109. Further Statutory Rules rescinded
10. Schedule 2 substituted
Schedule 2 Occupations, Trades and Callings to Which this
Act Applies
11. Schedules 5 and 6 substituted
Schedule 5 Transitional and Savings Provisions
Schedule 6 Consequential Amendments
12. Schedule 9 inserted
Schedule 9 Further Statutory Rules rescinded
[Bill 82]-VIII
2
OCCUPATIONAL LICENSING AMENDMENT
BILL 2008
(Brought in by the Minister for Infrastructure, the Honourable
Graeme Lindsay Sturges)
A BILL FOR
An Act to amend the Occupational Licensing Act 2005
Be it 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 Occupational
Licensing Amendment Act 2008.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Occupational Licensing Act
2005* is referred to as the Principal Act.
*No. 47 of 2005
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4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of "authorised
officer" and substituting the following
definition:
"authorised officer" means
(a) the Administrator; or
(b) a person who is appointed
under section 16 as an
authorised officer;
(b) by omitting the definition of "prescribed
work" and substituting the following
definition:
"prescribed work" means any work
that is
(a) usually carried out in the
course of an occupation,
trade or calling to which
this Act applies; and
(b) determined by the
regulations to be
prescribed work; and
(c) not excluded from the
application of this Act by
the regulations;
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5. Section 7 amended (Application of Act to
occupations, trades and callings)
Section 7 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsections:
(1) This Act applies to the occupation, trade
or calling that is performance of
electrical work as described in Part 1 of
Schedule 2.
(1A) This Act applies to the occupation, trade
or calling that is performance of gas-
fitting work as described in Part 2 of
Schedule 2.
(1B) This Act applies to the occupation, trade
or calling that is performance of
plumbing work as described in Part 3 of
Schedule 2.
(1C) This Act applies to any occupation, trade
or calling added to Schedule 2 by order
under subsection (2).
6. Section 97 amended (Confidentiality)
Section 97 of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraph:
(a) for the purposes of
(i) this or any other Act; or
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(ii) a law of another jurisdiction,
whether Australian or not, that
corresponds to the relevant
provisions of this Act; or
7. Section 104 substituted
Section 104 of the Principal Act is repealed and
the following section is substituted:
104. Transitional and savings provisions
(1) Part 1 of Schedule 5 has effect.
(2) Part 2 of Schedule 5 has effect.
(3) Part 3 of Schedule 5 has effect.
8. Section 106 substituted
Section 106 of the Principal Act is repealed and
the following section is substituted:
106. Consequential amendments
(1) The Building Act 2000 is amended as
specified in Part 1 of Schedule 6.
(2) The Building Act 2000 is further
amended as specified in Part 2 of
Schedule 6.
(3) The Electricity Industry Safety and
Administration Act 1997 is amended as
specified in Part 3 of Schedule 6.
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9. Section 109 inserted
After section 108 of the Principal Act, the
following section is inserted in Part 11:
109. Further Statutory Rules rescinded
(1) The Statutory Rules specified in items 1
and 2 of Schedule 9 (continued in force
as regulations by virtue of section 6(2) of
the Electricity Supply Industry
Restructuring (Savings and Transitional
Provisions) Act 1995) are rescinded.
(2) The Statutory Rules specified in items 3
and 4 of Schedule 9 are rescinded.
10. Schedule 2 substituted
Schedule 2 to the Principal Act is repealed and
the following Schedule is substituted:
SCHEDULE 2 OCCUPATIONS, TRADES AND
CALLINGS TO WHICH THIS ACT APPLIES
Section 7(1), (1A) and (1B)
PART 1 PERFORMANCE OF ELECTRICAL WORK
1. Work on the installation, repair,
alteration or removal of an electrical
circuit or associated fittings, equipment
or accessories.
2. Work on the installation, repair,
alteration or removal of electrical
infrastructure including lines and wires
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for the generation, transmission or
distribution of electricity and also
including supporting and protective
structures relating to any such
equipment, lines or wires.
3. Work that is, by determination of the
Regulator as defined in the Electricity
Supply Industry Act 1995, to be regarded
as specialist work.
PART 2 PERFORMANCE OF GAS-FITTING WORK
Division 1 Domestic, commercial or industrial
1. Work carried out in connection with the
installation, commissioning, relocation,
repair, modification, maintenance or
disconnection of a gas installation to
convey liquefied petroleum gas,
compressed natural gas, liquefied natural
gas, hydrogen gas or calorific gas, or any
part of that gas installation, including
work on
(a) any pipe or system of pipes for,
or incidental to, the conveyance
of gas and components or fittings
associated with the pipe or pipes
which are downstream from the
gas supply point; and
(b) any one or more of the following:
(i) any appliance and
associated components or
fittings which are
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downstream from the gas
supply point;
(ii) any meter which is
downstream from the gas
supply point;
(iii) any means of ventilation
or system for the removal
of combustion products
which is downstream
from the gas supply point.
Division 2 Automotive gas systems
1. Work involved in
(a) the installation, alteration,
extension, disconnection or repair
of an autogas installation; or
(b) the connection of a gas cylinder
to, or the disconnection of a gas
cylinder from, an autogas
installation
including work on a system of pipes and
associated equipment that forms part of a
vehicle, vessel or machine that is
designed to convey liquefied petroleum
gas, compressed natural gas, liquefied
natural gas or hydrogen gas to an internal
combustion engine that is installed in, or
forms part of, the vehicle, vessel or
machine.
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PART 3 PERFORMANCE OF PLUMBING WORK
1. Any work relating to installing, altering,
maintaining or disconnecting a plumbing
installation, including work on the
following systems:
(a) heating, ventilation and
airconditioning (including heater,
ventilation and airconditioning
systems);
(b) hydraulic;
(c) liquid fuel;
(d) medical gas, including vacuum;
(e) on-site waste water management
(including on-site waste water
management systems and on-site
liquid trade waste systems);
(f) pneumatic;
(g) refrigeration;
(h) reticulated, including steam;
(i) sanitary plumbing and drainage
(including sanitary plumbing
systems and sanitary drainage
systems);
(j) stormwater drainage (including a
roof gutter, roof valley, metal
roof ridge, metal roof weathering,
a roof downpipe and any flashing
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associated with any such gutter,
valley, ridge, weathering or
downpipe) and surface and
subsurface drainage systems;
(k) systems utilising commercially
available gases;
(l) water services (including cold
water services, heated water
services, non-drinking water
services and firefighting water
services).
11. Schedules 5 and 6 substituted
Schedules 5 and 6 to the Principal Act are
repealed and the following Schedules are
substituted:
SCHEDULE 5 TRANSITIONAL AND SAVINGS
PROVISIONS
Section 104(1), (2) and (3)
PART 1 PROVISIONS RELATING TO ELECTRICITY INDUSTRY
SAFETY AND ADMINISTRATION ACT 1997
1. Saving for licences under Electricity Industry
Safety and Administration Act 1997
Where, immediately before the
commencement of section 104(1), a
person held a licence under the
Electricity Industry Safety and
Administration Act 1997, that licence is
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taken to be a licence granted under this
Act on the same terms and conditions.
2. Saving for nominated managers under
Electricity Industry Safety and Administration
Act 1997
Where, immediately before the
commencement of section 104(1)
(a) a person held an electrical
contractor's licence under the
Electricity Industry Safety and
Administration Act 1997; and
(b) in the course of carrying on
business as an electrical
contractor had arranged for the
business to be under the
management and supervision of a
nominated manager in
accordance with section 18 of
that Act
the person acting as the nominated
manager is taken to have been named as
such in any licence granted under this
Act.
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PART 2 PROVISIONS RELATING TO WORKPLACE HEALTH AND
SAFETY ACT 1995
1. Saving for certificates of competency under
Workplace Health and Safety Act 1995
Where, immediately before the
commencement of section 104(2), a
person held a certificate of competency
under the Workplace Health and Safety
Act 1995, he or she is taken to hold a
licence under the Occupational Licensing
Act 2005 on the same terms and
conditions.
PART 3 PROVISIONS RELATING TO PLUMBERS AND GAS-
FITTERS REGISTRATION BOARD AND PLUMBERS AND GAS-
FITTERS REGISTRATION ACT 1951
1. Funds held by Plumbers and Gas-fitters
Registration Board
Any funds held by the Plumbers and
Gas-fitters Registration Board on the
commencement of section 104(3) are to
be paid to the Administrator to the credit
of the Occupational Licensing
Administration Fund.
2. Saving for registration under Plumbers and
Gas-fitters Registration Act 1951
Where, immediately before the
commencement of section 104(3), a
person was registered as a plumber or
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gas-fitter under the Plumbers and Gas-
fitters Registration Act 1951, he or she is
taken to be a licence holder under the
Occupational Licensing Act 2005 on the
same terms and conditions.
3. Winding-up of Plumbers and Gas-fitters
Registration Board
(1) Notwithstanding the repeal effected by
section 107, the Plumbers and Gas-fitters
Registration Board continues in existence
but only for the purpose of performing its
functions under this clause.
(2) As soon as practicable after the
commencement of this Part and, in any
case, within 12 months after that
commencement, the Plumbers and Gas-
fitters Registration Board must
(a) prepare its final report and
financial statements under the
Financial Management and Audit
Act 1990; and
(b) do any other act, matter or thing
necessary to wind itself up
including, without limitation,
exercising the power
(i) to realise its assets and
discharge its liabilities;
and
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(ii) to employ staff; and
(iii) to execute a contract,
deed or other document
necessary for its winding-
up.
(3) Where the Minister is satisfied that the
Plumbers and Gas-fitters Registration
Board has complied with this clause and
that there has been a satisfactory audit of
the financial statements referred to in
subclause (2)(a), the Minister may, by
notice published in the Gazette, declare
that the Plumbers and Gas-fitters
Registration Board is dissolved.
SCHEDULE 6 CONSEQUENTIAL AMENDMENTS
Section 106(1), (2) and (3)
PART 1 BUILDING ACT 2000 AMENDED
1. Section 3(1) is amended by omitting the
definition of "plumber" and substituting
the following definition:
"plumber" means a person who holds a
licence under the Occupational
Licensing Act 2005 authorising him or
her to carry out any plumbing work
that is prescribed work within the
meaning of that Act;
2. Section 12(2) is amended by omitting
"Plumbers and Gas-fitters Registration
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Act 1951" and substituting
"Occupational Licensing Act 2005".
3. Section 23(3) is amended by omitting
paragraph (b) and substituting the
following paragraph:
(b) a person carrying out plumbing
work which is prescribed work
under the Occupational
Licensing Act 2005 and which
requires a building permit; or
PART 2 BUILDING ACT 2000 FURTHER AMENDED
1. Section 23(3) is amended by omitting
paragraph (d) and substituting the
following paragraph:
(d) a person carrying out electrical
work which is prescribed work
under the Occupational Licensing
Act 2005 and which requires a
building permit; or
PART 3 ELECTRICITY INDUSTRY SAFETY AND
ADMINISTRATION ACT 1997 AMENDED
1. The long title is amended by omitting "to
ensure that electrical contractors and
workers are appropriately qualified
and regulated,".
2. Section 3 is amended as follows:
(a) by omitting the definition of
"Board";
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(b) by omitting the definition of
"electrical contractor's business";
(c) by omitting the definitions of
"electrical work" and "electrical
worker";
(d) by omitting the definitions of
"holder" and "licence";
(e) by omitting the definition of
"serious electrical accident" and
substituting the following
definition:
"serious electrical accident" means
an accident involving
(a) electrocution; or
(b) electric shock serious enough
to cause temporary or
permanent disability or to
require medical attention; or
(c) electricity that produces a
burn serious enough to cause
temporary or permanent
disability or to require
medical attention.
3. Section 4 is repealed.
4. Section 6(2) is amended by omitting
paragraph (a).
5. Section 7 is repealed.
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6. Section 8(1) is amended by omitting "or
the Electrical Licensing Board".
7. Section 12 is repealed.
8. Part 3 is repealed.
9. Section 72(2) is amended by omitting
from paragraph (a) "licence," and
substituting "licence within the meaning
of the Occupational Licensing Act
2005,".
10. Section 90 is amended by omitting
subsections (1) and (2).
11. Section 96(1) is amended by omitting
paragraph (c).
12. Section 103(2) is amended by omitting
paragraphs (a) and (b).
13. Schedule 1 is repealed.
12. Schedule 9 inserted
After Schedule 8 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 9 FURTHER STATUTORY RULES
RESCINDED
Section 109(1) and (2)
1. Hydro-Electric Commission By-laws 1994 (No. 110 of
1994)
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2. Hydro-Electric Commission (Service and Installation)
By-laws 1993 (No. 165 of 1993)
3. Hydro-Electric Commission Amendment (Partial
Rescission) Regulations 2005 (No. 140 of 2005)
4. Hydro-Electric Commission (Service and Installation)
Amendment Regulations 2005 (No. 141 of 2005)
Government Printer, Tasmania 19