BUILDING SERVICES (REGISTRATION) ACT 2011

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used

PART 2 -- Prohibitions in relation to unregistered persons

Division 1 -- Use of titles and representations as to registration  

• 4 Restriction on use of titles
 
• 5 Claims as to registration
 
• 6 Advertising entitlement to carry out prescribed building service when not registered

Division 2 -- Prohibitions in respect of carrying out prescribed building service  

• 7 Carrying out prescribed building service when not registered

Division 3 -- Advertisements by building service contractors  

• 8 Advertisements by building service contractor

PART 3 -- Registration of building service providers

Division 1 -- Grant or renewal of registration  

• 9 Classes of building service practitioner and building service contractor
 
• 10 Effect of registration as building service practitioner
 
• 11 Effect of registration as building service contractor
 
• 12 Duration of registration
 
• 13 Application for registration or renewal
 
• 14 Further information
 
• 15 Timing of application for renewal
 
• 16 Application for registration by a person whose registration has been cancelled
 
• 17 Registration of building service practitioners
 
• 18 Registration of building service contractors
 
• 19 Notice of decision
 
• 20 Registration certificate

Division 2 -- Nominated supervisors  

• 21 Nominated supervisor for building service contractor
 
• 22 Effect of not having nominated supervisor

Division 3 -- Conditions on registration  

• 23 Conditions generally
 
• 24 Conditions imposed by Board
 
• 25 Compliance with conditions

Division 4 -- Amendment, suspension or cancellation of registration  

• 26 When Board may amend, suspend or cancel registration
 
• 27 Suspension of registration: effect
 
• 28 Revocation of suspension

Division 5 -- Register  

• 29 The register
 
• 30 Inspection of register
 
• 31 Board to provide register information

Division 6 -- Offences in relation to registration  

• 32 Notification of change of address
 
• 32A Notification of new directors
 
• 33 Notification of change in eligibility
 
• 34 Notification of financial difficulty
 
• 35 Notification of certain offences
 
• 36 Notification of disciplinary action
 
• 37 Return of registration certificate

PART 4 -- Owner-builder approvals

Division 1 -- Preliminary  

• 38 Terms used
 
• 39 Meaning of owner
 
• 40 When owner-builder approval may be applied for
 
• 41 Application by more than one person
 
• 42 Approval issued to more than one person

Division 2 -- Grant of approval  

• 43 Application for owner-builder approval
 
• 44 Further information
 
• 45 Decision on application for approval
 
• 46 Duration of approval

Division 3 -- Conditions on approval  

• 47 Conditions of owner-builder approval
 
• 48 Conditions imposed by Board
 
• 49 Compliance with conditions

Division 4 -- Role of Board in respect of complaint about owner-builder  

• 50 Grounds for cancellation of approval
 
• 51 Board to decide what action to take in respect of complaint forwarded by Building Commission

PART 5 -- Disciplinary matters -- registered building service providers

Division 1 -- Preliminary  

• 52 Application of PART
 
• 53 Disciplinary matters
 
• 54 Relationship with other legislation

Division 2 -- Interim disciplinary orders  

• 55 Interim disciplinary orders

Division 3 -- Role of Board  

• 56 Board to decide what action to take in respect of complaint forwarded by Building Commissioner
 
• 57 Board may deal with certain complaints

Division 4 -- Proceedings in State Administrative Tribunal  

• 58 Jurisdiction of State Administrative Tribunal
 
• 59 Disciplinary action against nominated supervisor or officer of building service contractor
 
• 60 Declaration of ineligible person
 
• 61 State Administrative Tribunal to provide information to Building Commissioner
 
• 62 Board may notify certain persons if registration suspended or cancelled
 
• 63 Other remedies not affected

PART 5A -- Insolvency of building service contractors  

• 63A Terms used
 
• 63B Excluded contractors not to be registered
 
• 63C Declaration of excluded contractors
 
• 63D When individual or non-corporate body may be declared excluded contractor
 
• 63E When corporation may be declared excluded contractor
 
• 63F Procedure for declaring excluded contractor
 
• 63G When declaration of excluded contractor takes effect

PART 6 -- Review  

• 64 Review by State Administrative Tribunal of certain decisions

PART 7 -- Building Services Board

Division 1 -- Establishment  

• 65 Board established
 
• 66 Status
 
• 67 Membership of Board
 
• 68 Remuneration and allowances

Division 2 -- Functions and powers  

• 69 Functions
 
• 70 Powers
 
• 71 Delegation by Board

Division 3 -- Staff and services  

• 72 Staff and services

Division 4 -- Relationship of Board with Minister  

• 73 Directions by Minister
 
• 74 Minister to have access to information

Division 5 -- Constitution and proceedings of the Board

• 75 Term of office
 
• 76 Casual vacancies
 
• 77 Deputy chairperson acting as chairperson
 
• 78 Alternate members
 
• 79 Holding meetings
 
• 80 Quorum
 
• 81 Presiding at meetings
 
• 82 Procedure at meetings
 
• 83 Voting
 
• 84 Inviting consultant to participate in meeting
 
• 85 Holding meetings remotely
 
• 86 Resolution without meeting
 
• 87 Minutes
 
• 88 Committees
Subdivision 2 -- Disclosure of interests  
• 89 Disclosure of interest
 
• 90 Voting by interested Board member
 
• 91 Section 90 may be declared inapplicable
 
• 92 Quorum where section 90 applies
 
• 93 Minister may declare sections 90 and 92 inapplicable

Division 6 -- General  

• 94 Information to be provided to Building Commissioner annually
 
• 95 Moneys to be credited to Building Services Account
 
• 96 Execution of documents by the Board

PART 8 -- General provisions  

• 97 Liability of officers for offence by body corporate
 
• 98 Protection from liability
 
• 99 False or misleading information
 
• 100 Confidentiality of information
 
• 101 When a prosecution can be commenced
 
• 102 Prosecutions
 
• 103 Evidentiary matters
 
• 104 Regulations
 
• 105 Review of Act

PART 9 -- Repeal, savings, transitional and other provisions

Division 1 -- General  

• 106 Interpretation Act 1984 not affected

Division 2 -- Repeal  

• 107 Builders’ Registration Act 1939 repealed
 
• 108 Painters’ Registration Act 1961 repealed
 
• 109 Builders’ Registration Regulations repealed
 
• 110 Painters’ Registration (Infringement Notices) Regulations 2006 repealed
 
• 111 Painters’ Registration Board Rules 1962 repealed
 
• 112 Local Government (Building Surveyors) Regulations 2008 repealed

Division 3 -- Savings and transitional matters

• 113 Terms used
 
• 114 Registration continues
 
• 115 Existing applications for registration
 
• 116 Allegations of cause for disciplinary action made by former Board
 
• 117 Disciplinary action: persons registered under repealed Act
 
• 118 Devolution of assets and liabilities of former board
 
• 119 Members of former board
 
• 120 Staff of former board
 
• 121 Reporting in respect of former board
 
• 122 Completion of things commenced
 
• 123 Continuing effect of things done
 
• 124 Agreements and instruments generally
Subdivision 2 -- Painters  
• 125 Terms used
 
• 126 Painting commenced before commencement day
 
• 127 Registration continues
 
• 128 Existing applications for registration
 
• 129 Allegations of cause for disciplinary action made by former board
 
• 130 Disciplinary action: persons registered under repealed Act
 
• 131 Devolution of assets and liabilities of former board
 
• 132 Members of former board
 
• 133 Staff of former board
 
• 134 Reporting in respect of former board
 
• 135 Completion of things commenced
 
• 136 Continuing effect of things done
 
• 137 Agreements and instruments generally
Subdivision 3 -- Building Surveyors  
• 138 Terms used
 
• 139 Registration of certificate holders
 
• 140 Existing applications for certificate
 
• 141 Members of former committee
 
• 142 Records of former committee
 
• 143 Agreements and instruments generally
Subdivision 4 -- General provisions  
• 144 Registration of documents
 
• 145 Exemption from State tax
 
• 146 Transitional regulations

PART 10 -- Consequential amendments

Division 1 -- Home Building Contracts Act 1991 amended  

• 147 Home Building Contracts Act 1991 amended
 
• 148 Section 3 amended
 
• 149 Section 25A amended
 
• 150 Section 25B amended
 
• 151 Section 25F amended
 
• 152 Section 25FA amended
 
• 153 Section 25G amended
 
• 154 Section 31B amended

Division 2 -- Other Acts amended  

• 155 Constitution Acts Amendment Act 1899 amended
 
• 156 Local Government (Miscellaneous Provisions) Act 1960 amended
  374AAA. Local governments not to issue building licences in certain circumstances 94  
• 157 Sentencing Act 1995 amended
 
• 158 State Administrative Tribunal Act 2004 amended
 
• 159 Travel Agents Act 1985 amended
Defined terms