Builders' Registration Act Amendment Act 1940 (WA)

No. 43.] Builders' Registration. [1940.

BUILDERS' REGISTRATION.

4° and 5° GEO. VI., No. XLIII.

No. 43 of 1940.

AN ACT to amend the Builders' Registration Act, 1939.

[Assented to 30th December, 1940.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of Western Aus- tralia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title. 1.

This Act may be cited as the Builders' Registra- tion Act Amendment Act, 1940, and shall be read as one with the Builders' Registration Act, 1939 (No. 29 of 1939), hereinafter referred to as the principal Act.

Amendment

Section two of the principal Act is amended by

inserting therein after the definition of "Building" new

definitions as follows:—

of s. 2. 2.

" Company" means a company incorporated or regis- tered under the Companies Act, 1893-1938, or which, being a foreign company, has complied with the provisions of Part VIII. of the said Act.

1940.] Builders' Registration. [No. 43.

"focal authority" means a municipal council or

road board.

3. Section four of the principal Act is amended by Amendment

deleting subsection (2) and inserting in lieu thereof a a 8. 4.

subsection as follows :—

(2) The persons exempted from the necessity of Exemption.

obtaining registration under this Act as men- tioned in subsubparagraph (ii) of paragraph (A) of subsection (1) of this section are-

(a) any person who is-

(i)

a member of the Royal Institute of the Architects of Western Australia or of the Institution of Engineers of Australia (Perth Division), or of the Australasian Institute of Mining and Metallurgy;

(ii)    registered under the Architects Act,

1921;

an officer or servant of the Crown or of any Crown instrumentality, or of any local authority, in so far as he directs or supervises the carrying out of any contract or engagement in the performance of his duties as such officer or servant;

(iii)

(b) any partnership, when not more than one of the partners is not registered under this Act;

(c) any local authority; and

(d) any company and any other body corporate

whose building work is managed and super- vised by a person registered under this Act or exempted from the necessity of obtain- ing registration under this Act.

4. Section ten of the principal Act is repealed and Amendment of0.

a section is inserted in lieu thereof as follows:—	Repse.al1 and
new section.

10. (1) Any person, not being a company or any 11.1; g in's t e

other body corporate, who applies to be registered under this Act shall be entitled to be so registered if and when

(a) he has paid the prescribed fees for such

registration; and

No. 43.] Builders' Registration. [1940.

(b) he has satisfied the Board that he-

(i)    has attained the age of twenty-one

years; and

(ii) is a natural born or naturalised British subject; and

is a person of good character; and

course of training and has passed the pre-

scribed examinations; or

(iv)

(iii)

(a) has completed the prescribed (b) subject as hereinafter provided, had at the time of the passing of this Act been trading as a builder or had been a super- visor of building work for not less than two years and is competent to carry out and supervise building work.

Provided that the alternative condition contained in this subsubparagraph (b) shall not be a qualification for registration under this Act after the expiration of six months next following the date of the com- mencement of this section.

(2) Any company or other body corporate which is not exempted under subsection (2) of section four of the Act and which applies to be registered under this Act shall, subject as hereinafter provided, be entitled to be so registered if and when

(a) it has paid the prescribed fees for such regis- tration; and

(b) it has satisfied the Board that-

it is duly authorised to engage in the business of trading as a builder; and

(i)

there is already registered or exempt from registration under this Act at least one director of the company or at least one member of the board of management of the body corporate, or a person employed by the company or other body corporate to manage and supervise the building work undertaken by the company or the body cor- porate aforesaid.

(ii)

1940.] Builders' Registration. [No. 43.

(3) Provided that, and notwithstanding anything to the contrary contained in this Act, the registra- tion under this Act of a company or other body corporate pursuant to subsection (2) of this section shall continue and have effect only while at least one director of the company or at least one member of the board of management of the body corporate, or a person employed by the company or the body corporate aforesaid to manage and supervise the building work undertaken by the company or the body corporate aforesaid continues to be registered under this Act.

5.    A section is inserted in the principal Act after New section.

section sixteen, as follows:—

16A. (1) It shall be lawful for any member of Locra auth-

the Board, or for any officer of the Board author- n'TeTeLtror=

ised in that behalf by writing under the hand or the ron	tar. the
chairman of the Board, to enter the premises of any local authority at any time when such premises are open for business, and to examine and make copies of or extracts from all books, papers, records, docu- ments, and other entries of the local authority relat- ing to applications for and the issue of building per- mits by the local authority for the purpose of obtaining any information which the Board requires.
(2) If any member or officer or servant of a local authority hinders or obstructs or attempts to hinder or obstruct any member or officer of the Board in the lawful exercise by him of the powers conferred by subsection (1) of this section, he shall be guilty of an offence.

Penalty: Fifty pounds.

6.

(1) Any applicant under section four of this Act whose application has been refused by the Board shall be entitled, on demand, to be furnished in writing with the reason or reasons for such refusal.

(2) Within fourteen days of receipt by the applicant

of such reasons, he or it may appeal to the magistrate of

the nearest local court against the decision of the Board

No. 43.] Builders' Registration. [1940.

by notice in writing of his or its intention so to do, at a day not less than ten days after service of such notice on the Board.

The magistrate of the local court may allow such appeal or dismiss same, and, in the event of allowing such appeal, may direct the Board to register the appel- lant under tins Act, in accordance with the provisions thereof.

(3)

(4) The magistrate of the local court may award costs

to the successful party.

(5)

The appellant may adduce all such evidence at the hearing of the appeal of which he has given the Board seven days' notice before the date fixed for the hearing, but not further or otherwise.

Citation of

principal Act 7. The principal Act as amended by this Act may be

as amended, cited as the Builders' Registration Act, 1939-1940.