Builders Licensing Act 1986 (SA)

(Reprint No. 2)

SOUTH AUSTRALIA

BUILDERS LICENSING ACT, 1986

This Act is reprinted pursuant to the Acts Republication Act, 1967, and incorporates all amendments in force as at 10 December 1992.

It should be noted that the Act was not revised (for obsolete references, etc.) by the Commissioner of Statute Revision prior to the publication of this reprint.

SUMMARY OF PROVISIONS

PART I

PRELIMINARY

Section

1.                    Short title

2.                    Commencement

3.                    Repeal

4.                    Interpretation

5.                    Exemption

6.                    Non-derogation

7.                    Commissioner for Consumer Affairs to be responsible for administration of Act

PART II

LICENSING OF BUILDERS

8.                    Categories of builders licence

9.                    Obligation to be licensed

10.                    Application for a licence

11.                    Duration of licences

12.                    Business may be carried on by unlicensed person where licensee dies

PART III

SUPERVISION OF BUILDING WORK

13.                    Categories of registration as building work supervisor

14.                    Building work must be supervised by registered and approved supervisors

15.                    Application for registration as building work supervisor

16.                    Registered architect deemed to hold category 1 registration

17.                    Duration of registration

18.                    Approval as building work supervisor in relation to licensee’s business

PART IV

DISCIPLINARY POWERS OF TRIBUNAL

19.                    Tribunal may exercise disciplinary powers

20.                    Restriction upon disqualified persons being involved in business of builder

21.                    Record of disciplinary action to be kept

PART V

PROVISIONS WITH RESPECT TO DOMESTIC BUILDING WORK

DIVISION I—REQUIREMENTS IN RELATION TO CERTAIN DOMESTIC

BUILDING WORK CONTRACTS

22.                    Division not to apply in relation to certain contracts

23.                    Formal requirements in relation to domestic building work contracts

24.                    Provisions with respect to price in domestic building work contracts

25.                    Payments under or in relation to domestic building work contracts

26.                    Exhibition houses

DIVISION II—STATUTORY WARRANTIES

27.                    Statutory warranties

DIVISION III—BUILDING INDEMNITY INSURANCE

28.                    Application of this Division

29.                    Requirements of insurance

30.                    Nature of the policy

DIVISION IV—RIGHT TO TERMINATE CERTAIN DOMESTIC BUILDING

WORK CONTRACTS

31.                    Right to terminate certain domestic building work contracts

DIVISION V—POWERS OF TRIBUNAL IN RELATION TO DOMESTIC

BUILDING WORK

32.                    Powers of Tribunal in relation to domestic building work

DIVISION VI—HARSH AND UNCONSCIONABLE TERMS

33.                    Harsh and unconscionable terms

PART VI

MISCELLANEOUS

34.                    No exclusion, etc., of rights conferred or conditions, etc., implied by this Act

35.                    Certain titles only to be used by category 1 or 2 licence holders

36.                    Name in which builder carries on business

37.                    Publication of advertisements

38.                    Licensee to have sign showing name, etc., on each of licensee’s building sites

39.                    Unlicensed persons not entitled to fees, etc., for building work

40.                    Evidentiary

41.                    Liability of builders for acts or omissions of employees

42.                    Investigations

44.                    Conciliation

45.                    Annual report

46.                    Service of documents

47.                    False or misleading information

48.                    Return of licence or certificate of registration when cancelled, etc.

49.                    Offences by bodies corporate

50.                    Continuing offences

51.                    Summary proceedings

52.                    Regulations

SCHEDULE

APPENDIX

LEGISLATIVE HISTORY

BUILDERS LICENSING ACT, 1986

being

Builders Licensing Act, 1986, No. 18 of 1986

[Assented to 20 March 1986]1