Builders' Registration Act Amendment Act 1973 (Qld)

101 ANNO VICESIMO SECUNDO ELIZABETHAE S E CUNDAE REGINA E No. 15 o1 9 73 Act to am end the Builders ' Registration Act 1971 in certain particulars [ASSENTED TO 13TH APRIL, 1973] BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. Short title an d citation . ( 1) This Act may be cited as the Builders' Registration Act Amendment Act 1973. (2) The Builders' Registration , Act 1971 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Builders' RegistrationAct1971-1973. 2. Comme-- :- - t. (1) Save as otherwise provided in subsection (2), this Act shall corn : i ' ce on the date on which it receives the Royal Assent. (2) Section 9 'tall come into operation upon the expiration of a period of six months from the date of commencement of this Act.

102 Builders ' Registration Act Amendment Act 1973, No. 15 3. Amendment of s. 4. Definitions. Section 4 of the Principal Act is amended- (a) by inserting in the definition " builder ", after the word " construction ", the phrase " (including the provision of labour only) "; and (b) by omitting from the definition " supervisor " all words occurring after the word " construction ". 4. Amendment of s. 6. Functions of Board. Section 6 of the Principal Act is amended- (a) by renumbering that section as subsection (1) thereof; and (b) by adding after subsection (1) as renumbered by this section the following subsections:- " (2) The Board shall as and when required by the Minister furnish reports with respect to the policy that the Board is pursuing or proposes to pursue, and any action taken or proposed to be taken, in the exercise or discharge by the Board of its functions. (3) The Minister may issue directions to the Board on matters of policy and the exercise of its powers and functions and the Board shall observe and carry out the directions so given.". 5. Aa e t of s. 7. Co s" of Board . Section 7 of the Principal Act is amended by, in subsection (1), inserting in paragraph (d), after the words " submitted to him by the ", the word " Queensland ". 6., Amr-'-- --t of s. 18. Roll of registered rs. Section 18 of the Principal Act is amended by omitting from subsection (1) the words "copy of the register " and inserting in their stead the words " roll of registered builders compiled in alphabetical sequence from the register and ". 7. Amendment of s. 19. Persons who may be registered. Section 19 of the Principal Act is amended- (a) by, in subsection (1), omitting subparagraph (ii) of paragraph (c) and all words occurring after that paragraph and inserting in their stead the following subparagraphs:- (ii) he is a tradesman carpenter or bricklayer who has served as an apprentice under indenture in the calling of his trade for the period prescribed under the law of this State relating to the employment of apprentices and minors that was applicable at the material time to the apprenticeship and has received the appropriate certificate issued under that law to the effect that he has completed the period of training prescribed for the calling and has passed the final examination of the tec nical course of instruction prescribed under that law for apprentices in that calling, and who, after the completion of such apprenticeship, has had not less than two years' experience in building work of such nature as to render him, in the opinion of the Board, competent to undertake building construction as a registered builder; or (iii) although not complying with the requirements of subparagraph (i) or (ii), he is, at the date of his application to be registered as a builder under this Act, a builder or supervisor and has had such experience in building work as to render him, in the opinion of the Board, competent to undertake building construction as a registered builder ";

Builders' Registration Act Amendment Act 1973, No. 15 103 (b) by omitting subsections (2), (3) and (4) and inserting in their stead the following subsections:- " (2) Where pursuant to an application for registration as a builder made under this section before the commencement of the Builders' Registration Act Amendment Act 1973 the Board has registered or purported to register the applicant as a builder under this Act and where, if the application had been made after the said commencement, the applicant would have been entitled to be registered as a builder under this Act, the registration or purported registration as a builder under this Act of the applicant in pursuance of the application is hereby confirmed ratified and validated and is hereby declared always to have been valid and effectual as from the date of the registration or purported registration. (3) Where an individual whose application pursuant to subsection (2) as in force before the commencement of the Builders' Registration Act Amendment Act 1973 for registration as a builder under this Act was refused by reason of his failure to satisfy the Board in relation to the matters specified in paragraphs (c) to (f) (both inclusive) of the said subsection makes application after the said commencement and before the expiration of a period of six months from the said commencement for registration as a builder under this Act, the fee in respect of the application payable by the applicant shall be the fee that would have been payable but for this section reduced by the amount retained by the Board in respect of the application first referred to in this subsection but if the application secondly referred to in this subsection is refused by the Board the whole of the fee paid in respect of the last mentioned application shall be refunded to the applicant. (4) Any application made under this section before the commencement of the Builders' Registration Act Amendment Act 1973 may, whether or not the Board has, before' the said commencement, dealt with the application, be reconsidered by the Board and where the Board in its discretion so reconsiders any application it shall be deemed to be an application made under this section after the said commencement but any refusal by the Board to act under this subsection with respect to an application shall not prejudice the making of a fresh application by any applicant.". (c) by, in subsection (5), (i) omitting paragraph (c) and inserting in its stead the following paragraphs:- (c) is a corporate member of the Australian Institute of Quantity Surveyors; or (d) is a corporate member of the Australian Institute of Building,"; (ii) omitting the word " three years' " and inserting in their stead the words " two years' "; and (e) by omitting subsection (7) and inserting in its stead the following subsections:- " (7) Notwithstanding anything to the contrary in this Act (other than this section) but subject to subsection (7D) the registration under this Act of a body corporate or firm pursuant to subsection (6) shall continue and have effect and the entitlement to registration of the body corporate or firm shall continue and

104 Builders' Registration Act Amendment Act 1973, No. 15 have effect only while at least one director or member of the board of management of the body corporate or at least oner member of the firm or. a person employed as provided by subsection (6) by the body corporate or the firm to manage and supervise the building construction undertaken by it, who has such authority, duties and responsibilities as in the opinion of the Board will ensure the proper management and supervision of such building construction, continues to be registered as a builder under this Act. (7A) A body corporate or a firm registered as a builder under this Act pursuant to subsection (6) may at any time by notice in writing lodged with the Board substitute for the individual, who is at the time when the notice is lodged the person nominated by the body corporate or firm for the purposes of this section to manage and supervise the building construction carried out by it, another individual who is registered as a builder under this Act as the person authorized by the body corporate or the firm to act in the like capacity and who has such authority, duties and responsibilities as in the opinion of the Board will ensure the pr r management and supervision of the building construction rn by it. ) A notice under subsection (7A)- (a) shall be in the prescribed form; (b) shall specify the date from which the body corporate or the firm proposes that the substitution shall be effective; and (c) shall be lodged with the Board not less than fourteen days before the date specified pursuant to paragraph (b), and the substitution shall take effect from the date sified pursuant to paragraph (b) or from a date which is fourteen days after the lodgment of the notice with the Board whichever is the later. (7c) Details of a substitution pursuant to subsection (7A) shall be recorded in the register. (7n) Failure on the part of a body corporate or a firm registered as a builder pursuant to subsection (6) to ensure that at least one director or member of the board of management of the body corporate or at least one member of the firm or a person employed as provided by subsection (6) by the body corporate or the firm to manage and supervise the building constructi( undertaken by it, who has such authority, duties and responsibi' as in the opinion of the Board will ensure the proper manac.., and supervision of such building construction, continues to L registered as a builder under this Act shall not be a ground fc,^ cancellation or suspension of the registration of the body corporate or the firm if it is proved to the satisfaction of the Board- (a) that the prescribed notice could not be given pursuant to subsection (7A) because of circumstances of emergency or other reason satisfactory to the Board; and (b) that the building construction undertaken by the body corporate or the firm was at all times managed and supervised by an individual acting in a capacity specified in paragraph (c) of subsection (6) and competent to undertake the authorities, duties and responsibilities referred to in that paragraph;

Builders ' Registration Act Amendment Act 1973, No. 15 105 (c) that a notice of substitution of nominee, in the form prescribed, was given in writing to the Board as soon as practicable. (7E) If for any reason the individual nominated by a body corporate or a firm to manage and supervise its building construction for the purposes of subsection (6) and (7) ceases to act or to be eligible to act in that capacity, then, within fourteen days of such cessation the body corporate or the firm and the said individual shall lodge with the Board notice in writing thereof and the body corporate or the firm shall cancel the nomination of such individual or substitute therefor the nomination of another individual as provided in subsection (7A).". 8. Amen dm ent of s. 20. Application for registration . Section 20 of the Principal Act is amended by adding at the end thereof the following subsections,- -" (3) The Board may at any time, by notice in writing to a person who has made an application under this section, require him to furnish, within the time specified in the notice, further information in writing in connexion with his application. (4) Without limiting the generality of the power to prescribe fees under this Act that power includes and it is declared always has included, power to prescribe different fees having regard to differing persons acts matters circumstances or things.". 9. Amendm ent of s. 31 . Offences by persons not registered as builders. Section 31 of the Principal Act is amended by omitting the words " four thousand dollars " wherever they occur and inserting in their stead in each case the words " five hundred dollars ". 10. Repeal of s. 32. Local Authorities not to issue building permits to unr egistered persons. Section 32 of the Principal Act is repealed. 11. Amendm ent of s. 34. Unsatisfactory work. Section 34 is amended by omitting from subsection (1) the words " who in relation to the building work in question is exempted under section 33 of this Act from all or any of the provisions of this Act " and inserting in their stead the words " who is exempted from registration as a builder under this Act either generally or in particular cases.". 12. New section 42A. Service of notices, etc. After section 42 of the Principal Act the following section is inserted:- " 42A. Service of notices, etc. A notice, order, writing or other document required or authorized to be given to, or served on, any person by the Board may be given or served- (a) by delivering it to the person to whom or on whom it is required or authorized to be given or served personally; (b) by leaving it for him at his place of abode or business last known to the Board with some other person apparently an inmate thereof or employee thereat, and apparently of or over the age of sixteen years; or

106 Builders' Registration Act Amendment Act 1973, No. 15 (c) by sending it by registered post or certified mail service as provided by the postal regulations for the time being addressed to him at his place of abode or business last known to the Board<".