Builders' Registration Amendment Act 1991 (WA)

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WESTERN AUSTRALIA

BUILDERS' REGISTRATION

AMENDMENT ACT 1991

No. 60 of 1991

AN ACT to amend the Builders' Registration Act 1939 and the

Constitution Acts Amendment Act 1899.

[Assented to 30 December 1991]

The Parliament of Western Australia enacts as follows:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Builders' Registration Amendment

Act 1991.

Commencement

2. This Act shall come into operation on the day on which the

Home Building Contracts Act 1991 comes into operation.

No. 60]

Builders' Registration Amendment Act 1991

PART 2—BUILDERS' REGISTRATION ACT 1939

Principal Act

In this Act the Builders' Registration Act 1939* is referred to as the principal Act.

3.

[*Reprinted as approved 10 February 1981 and amended by Acts Nos. 10 of 1982, 39 of 1983, 14 of 1984, 8 of 1986, 77 of 1987 and 93 of 19901

Long title amended

4.

The long title to the principal Act is amended by deleting "thereto," and substituting the following

i4

thereto; to establish a committee with jurisdiction in respect

of certain building disputes, ".

Section 2 amended

Section 2 of the principal Act is amended by inserting after the definition of "Company" the following definition

5.

"Disputes Committee" means the Building Disputes

Committee established by section 26. ".

Section 3 amended and transitional provision

6.    (1) Section 3 of the principal Act is amended

(a)

in subsection (1) by deleting "This Act applies" and substituting the following-

" Sections 4 to 24 apply ";

and

Builders' Registration Amendment Act 1991

[No. 60

(b) by inserting after subsection (1) the following subsection

'C

(la) Notwithstanding subsection (1), sections 12A and 12B apply throughout the State to building work that is home building work as defined in the Home Building Contracts Act 1991. ".

(2) Notwithstanding subsection (1), section 12A of the principal Act does not apply to any home building work as defined in the Home Building Contracts Act 1991 carried out before the coming into operation of this section outside the areas described in the Schedule to the principal Act.

Various sections amended

7. The principal Act is amended by deleting "chairman" in the provisions referred to in the Table to this section and substituting in each case the following-

" chairperson ".

TABLE

section 5A (1)

section 18 (1)

section 5B (2)

section 20

section 5C (1)

section 20A (1)

and (2)

section 21 (2)

section 6 (2)

Section 5A amended

S. Section 5A of the principal Act is amended by repealing

subsection (2) and substituting the following

IC (2) The chairperson shall be a person who is a practitioner

as defined by the Legal Practitioners Act 1893 and who is

nominated as chairperson by the Minister. ".

No. 60]

Builders' Registration Amendment Act 1991

Section 5AA inserted

9. After section 5A of the principal Act the following section is inserted

Further provisions as to chairman

Ci

5AA. (1) The appointment of the chairperson may be made either on a full-time or a part-time basis.

(2) Where, immediately before…

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