Builders' Registration Act 1939 (WA)

Western Australia

This Act was repealed by the Building Services (Registration) Act 2011 s. 107 (No. 19 of 2011) as at 29 Aug 2011 (see s. 2(b) and Gazette 26 Aug 2011 p. 3475‑6).

Western Australia

Builders’ Registration Act 1939

An Act relating to the qualifications and registration of builders; to constitute a board in relation thereto; to establish a tribunal with jurisdiction in respect of certain building disputes, and for other purposes connected therewith.

[Long title amended by No. 60 of 1991 s. 4; No. 76 of 2000 s. 4.]

This Act may be cited as the Builders’ Registration Act 1939, and shall come into operation on a day to be fixed by proclamation 1.

In this Act, unless inconsistent with the context of subject matter —

Board means the Builders’ Registration Board of Western Australia constituted under this Act;

builder means a person trading as a builder;

building means any building of a permanent nature used or intended to be used for residential, professional, manufacturing, trading, commercial, hospital, institutional, assemblage, or public purposes, but does not include a farm building, and the term used as an abstract noun means the erection or structural alteration of any such building;

building licence means a building licence issued under Part XV of the Local Government (Miscellaneous Provisions) Act 1960;

company means a company or a registered body within the meaning of the Corporations Act 2001 of the Commonwealth, other than a registered body specified, or of a kind specified, in the regulations;

Disputes Tribunal means the Building Disputes Tribunal established by section 26;

farm building means any building of a permanent nature, other than a building used or intended to be used for residential purposes, that is —

• (a)

  constructed or to be constructed, on land used primarily for agricultural purposes; and

• (b)

  itself used or intended to be used for agricultural purposes;

lawyer means an Australian lawyer within the meaning of that term in the Legal Profession Act 2008 section 3;

legal practitioner means an Australian legal practitioner within the meaning of that term in the Legal Profession Act 2008 section 3;

Minister means the Minister for the time being charged with the administration of this Act;

person trading as a builder means any person who, or any partnership or any company or other body corporate that, is engaged in constructing, altering, repairing, adding to or improving the walls and structural parts of buildings for a fixed sum, percentage, or valuable consideration, or reward other than wages;

register means the register of builders under this Act;

registrar means registrar appointed under this Act;

supervisor means a person, not being a builder, who oversees the execution or performance of building work, but does not include a foreman, leading hand or other person employed in a like or less responsible capacity in the…