Builders' Registration Amendment Regulations (No. 2) 2001 (WA)
| 31 July 2001 | GOVERNMENT GAZETTE, WA | 3935 |
| Builders’ Registration Act 1939 |
Builders’ Registration Amendment
Regulations (No. 2) 2001
Made by the Builders’ Registration Board of Western Australia and approved by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Builders’ Registration
Amendment Regulations (No. 2) 2001.2. Commencement
These regulations come into operation on the day on which section 26 of the Building Legislation Amendment Act 2000 comes into operation.
3. The regulations amended
The amendments in these regulations are to the Builders’
Registration Regulations*.[* Reprinted as at 22 September 2000.]
4. Regulation 8 amended
Regulation 8(2)(b)(i) is amended before “in the form” by inserting —
“ that includes a statutory declaration and is ”.
5. Regulation 8D amended “ in the First Appendix ”.
6. Regulations 8E, 8F and 8G inserted After regulation 8D the following regulations are inserted —
“
8E. Prescribed manner of certifying payment of fee
under section 4A(1)(c)(iii)(1) For the purposes of subparagraph (iii) of
section 4A(1)(c) of the Act, the prescribed manner of
certifying to a local government the payment to the
Board of the fee determined by the Minister under that
subparagraph is in the form of Form No. 10A in the
First Appendix.(2) The form is not validly completed unless it has been
stamped by the Board to confirm that the payment has
been received by the Board.8F. Prescribed period for furnishing particulars and
remitting fee to Board under section 4B(2)
For the purposes of section 4B(2) of the Act, the
prescribed period is 14 days.8G. Prescribed particulars under section 4B(2)(a) (1) For the purposes of section 4B(2)(a) of the Act, the
particulars that are to be furnished to the Board in
relation to a building licence are —
(a) the name and address of the person the building licence was issued to; (b) the number and date of issue of the building licence; (c) the name and number of the street, the lot number, the suburb, townsite or other locality and the postcode where the building is to be constructed under the building licence; (d) if the builder who is to construct the building under the building licence is not the person the building licence was issued to — the name and address of that builder; (e) if the builder who is to construct the building under the building licence is registered under the Act — the registration number of that builder;
(f)
the name and address of the owner of the land where the building is to be constructed under the building licence;
(g)
a description of the construction to be carried out under the building licence and the estimated total fee or charge payable in respect of that construction; and
(h)
if a policy of home indemnity insurance is in force in relation to the building to be constructed under the building licence — the name of the insurer and the number of the policy.
(2) In subregulation (1) —
“constructed” includes altered, repaired, added to andimproved;
“policy of home indemnity insurance” means a
policy of insurance that complies with Part 3A
Division 2 of the Home Building ContractsAct 1991.
”.
| 31 July 2001 | GOVERNMENT GAZETTE, WA | 3937 |
7. Regulation 9 repealed and heading deleted
Regulation 9 is repealed, and the heading before that regulation is deleted.
8. Regulation 10 amended
Regulation 10 is amended by deleting “be undertaken by persons desirous of submitting themselves for examination held by the Board shall be” and inserting instead —
“
have been completed by a person who applies to be
registered under section 10 of the Act is
”.
9. Regulation 11 repealed and heading deleted, and consequential amendment to First Appendix
(1) Regulation 11 is repealed, and the heading before that regulation
is deleted.(2) The First Appendix is amended by deleting Form No. 4. 10. Regulation 12 repealed, and consequential amendment to First Appendix
(1) Regulation 12 is repealed. (2) The First Appendix is amended by deleting Form No. 5. 11. Regulation 13 repealed and heading deleted, and consequential amendment to First Appendix
(1) Regulation 13 is repealed, and the heading before that regulation
is deleted.(2) The First Appendix is amended by deleting Form No. 6. 12. Regulation 16A repealed and heading deleted
Regulation 16A is repealed, and the heading before that regulation is deleted.
13. Regulations 19, 20, 21, 22, 23, 24 and 25 inserted After regulation 18 the following regulations are inserted —
“ 19. Prescribed fee for complaint or application to Disputes Tribunal (section 34A)
(1) For the purposes of section 34A of the Act, the fee that
accompanies a complaint or application made to the
Disputes Tribunal is the fee in item 10 of the Second
Appendix.(2) In item 10 of the Second Appendix —
“financially disadvantaged person” means a personwho produces, or in respect of whom there is
produced, evidence that satisfies the registrar thatthe person holds —
(a) a —
(i) Health Care Card; (ii) Commonwealth Seniors Health Card;
(iii) Pensioner Concession Card; or (iv) Repatriation Health Card, issued by the Commonwealth Government;
(b) a State Concession Card issued by the State; or
(c) an entitlement to the rate of pension provided Commonwealth.
for in section 24 of the Veterans’
20. Board to keep register of ineligible persons
(1) The Board is to keep in a form approved by the Board a
register of persons declared to be ineligible persons
under section 13(1ba)(a) of the Act.(2) Each entry in the register in respect of an ineligible
person is to state —
(a) the full name of the ineligible person; (b)
the date when the declaration in respect of the ineligible person was made; and
(c)
the period during which that declaration has effect.
(3) The Board is to delete a person’s name from the
register —
(a)
on the expiry of the period during which the declaration in respect of the person has effect; or
(b)
on the revocation of that declaration under section 13(1ba)(b) of the Act.
(4) The Board is to publish a copy of the register at least
twice in each year in a newspaper circulating generally
in the State.21. Prescribed amount of maximum fine under that a fine is not to exceed is $25 000.
section 13A
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22. Prescribed offences and modified penalties
(section 20B(2) and (4))(1)
For the purposes of section 20B(2) of the Act, an offence against a provision of the Act specified in column 2 of the Table to this regulation is an offence
for which an infringement notice may be given. (2)
For the purposes of section 20B(4) of the Act, the amount specified in column 3 of the Table to this regulation opposite a provision of the Act specified in
column 2 of that Table is the modified penalty for an
offence against that provision.
Table
Column 1 Column 2 Column 3 Item Provision of Act Modified penalty 1. section 4(1)(A)(d) $1 000 2. section 4A(2) $1 000 3. section 4A(2a) $20 4. section 4A(3) $2 000 5. section 9AA $200 6. section 10(3aa) $200 7. section 10(4) $50 8. section 10AA $50 9. section 10B $50 10. section 10C $50 11. section 16(1) $400 12. section 16(2) $400 13. section 18(2) $200 14. section 19(1) $10 15. section 39(c) $400 16. section 45A(4) $1 000
23. Prescribed form of preliminary notice under of a preliminary notice is Form No. 12 in the First Appendix.
section 12A(3)
24. Prescribed form of infringement notice under of an infringement notice is Form No. 13 in the First Appendix.
section 20B(3)
25. Prescribed form of notice withdrawing infringement of a notice stating that an infringement notice has been withdrawn is Form No. 14 in the First Appendix.
notice under section 20B(7)
”.
14. Various headings deleted
(1) The headings before regulations 2, 4, 7, 8, 14 and 17 are deleted. (2) The heading after regulation 6 (the heading before repealed
regulation 6A) is deleted.15. First Appendix amended
(1) The First Appendix is amended by deleting Form No. 9 and
inserting the following form instead —“
Form No. 9
Builders’ Registration Act 1939
Builders’ Registration Regulations
FINANCIAL STATEMENT BY APPLICANT
(Regulation 8(2))
TO THE APPLICANT
Under section 9A(2) and 10(2a) of the Builders’ Registration Act 1939 the Board may require an applicant for registration to satisfy the Board that the applicant has sufficient material and financial resources to meet financial obligations as and when they become due.
Under regulation 8(2)(b), the applicant is required to complete this form OR provide a partnership. You may attach further written details to this form if there is not enough space to include all relevant matters. [Note: do not include intangibles such as goodwill, rights of indemnity, intellectual property such as trademarks and patents, formation expenses or borrowing expenses.]
prepared financial statement certified by the applicant’s accountant.
Assets
Properties Value $
Residential and other properties (eg. house, flat, factory,
shop, vacant land)
...........................................................................................
...........................................................................................
...........................................................................................
Value of contents ..............................................................
Cash balances (list bank, building society, etc. and
branch)
...........................................................................................
...........................................................................................
Building related assets
Salary, annual leave accrual ............................................
Plant & equipment (exclude leased items) .......................
Motor vehicles (exclude leased items) .............................
Tools of trade ...................................................................
Stock of materials .............................................................
Trade debtors (supply list) ................................................
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Properties Value $
Other assets
Personal effects .................................................................
Life insurance policies ......................................................
Superannuation accrued benefit .......................................Boat/caravan .....................................................................
Other (eg shares, investments) ........................................
Total Assets $
Liabilities
Properties Value $
Owing on residential property ..........................................
Owing on other properties ................................................
Owing on hire purchase/lease ...........................................
Owing on personal loans, credit cards ..............................
Bank overdraft (limit ......................................) ................
Trade creditors (supply list) ..............................................
Unpaid tax liability ...........................................................Other liabilities (please specify) .......................................
Total liabilities $
Summary
Total Assets .............................................................. $
Less Total Liabilities ........................................................ $ Net tangible assets $ Details of past business
Have you ever been declared bankrupt or been a partner or
director of an insolvent business? Yes/No
[If yes, please attach a written explanation and provide the name of thetrustee, administrator, receiver, receiver and manager or liquidator.]
Guarantees
List all personal or business guarantees or indemnities signed to secure debts,
and the amounts secured.
______________________________________________________________
______________________________________________________________
______________________________________________________________
Statutory declaration
I ......................................................... of ............................................................
Name Address
..........................................
Occupation
do solemnly and sincerely declare that the particulars contained in this
financial statement are true and correct, and I make this solemn declarationby virtue of section 106 of the Evidence Act 1906.
Declared at ........................... in the State of
Western Australia this ..........................day
of ............................... 20 ...........................
Before me
..................................................................... .......................................... J.P. or Commissioner for Declarations Signature of
applicant/declarant
”.
(2) The First Appendix is amended after Form No. 10 by inserting
the following form —“
Form No. 10A
Builders’ Registration Act 1939
Builders’ Registration Regulations
CERTIFICATE OF PAYMENT OF FEE UNDER SECTION 4A(1)(c)(iii)
(Regulation 8E)
To: (state name of local government)
The person whose name appears below certifies that the person has paid to the Builders’ Registration Board the fee determined by the Minister under section 4A(1)(c)(iii) of the Builders’ Registration Act 1939.
Name:
Date of payment of fee:
Signed:Officer (if signing on behalf of a body corporate):
[This certificate is not valid unless it has been stamped by the
Builders’ Registration Board.]
”.
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(3) The First Appendix is amended after Form No. 11 by inserting
the following forms —“
Form No. 12
Builders’ Registration Act 1939
Builders’ Registration Regulations
PRELIMINARY NOTICE UNDER SECTION 12A(3)
(Regulation 23)
[If you intend to make a complaint to the Disputes Tribunal under
section 12A(1) or (1a) of the Builders’ Registration Act 1939 about any building
work, the complaint cannot be made until this preliminary notice has been
completed and given to the person who carried out the building work. A copy of
this notice must also be given to the Disputes Tribunal at the time the complaintis made to the Disputes Tribunal.]
PART A Who is making the complaint (the “complainant”)?
Name of complainant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address of complainant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where was the building work about which the complaint
is being made carried out?
Address where building work was carried out . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Who carried out the building work about which the
complaint is being made (the “respondent”)?
Name of respondent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address of respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART B What are the matters the respondent is called on to
rectify or attempt to settle?[Set out here the matters that you are calling on the respondent to
rectify/attempt to settle and indicate what remedy or settlement you
are seeking. You may attach further written details to this notice if
there is not enough space to include all relevant matters.]Signed (by complainant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAKE NOTICE that the complainant calls on the respondent to rectify the matters, or to attempt to settle the matters that are in dispute, as set out in Part B above.
Form No. 13
Builders’ Registration Act 1939
Builders’ Registration Regulations
INFRINGEMENT NOTICE
(Regulation 24)
No. of notice: . . . . . . . . . . . . . . . . Date of service: . . . . . . . . . . . . . .
1. To: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(name)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(address)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Postcode . . . . . It is alleged that at about . . . . . . . . . . . a.m./p.m. on the . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . you committed the offence described below and are liable for the
modified penalty stated.
Name and title of authorised person giving this notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Section of Description of offence Modified penalty Act
3. If you wish to have a complaint of the alleged offence heard and determined by a court, you need not reply to this notice or pay the modified penalty, but in that case court proceedings may be taken against you and you may be liable for costs and a fine for the offence.
4. If you do not wish to have a complaint of the alleged offence heard and determined by a court, you may pay the modified penalty within 28 days after the date of this notice. If the modified penalty is not paid within that period, you will be taken to have declined to pay it and court proceedings may be taken against you and you may be liable for costs and a fine for the offence.
5. Payment may be made by either —
(a) posting this form and a cheque or money order, made payable to the Builders’ Registration Board for the amount of the modified penalty stated in item 2, to the Corporate Services Manager, Builders’ Registration Board, 18 Harvest Terrace, West Perth WA 6005; or
(b) delivering this form, and paying the amount of the modified penalty stated in item 2, to an authorised person* at the Builders’ Registration Board, 18 Harvest Terrace, West Perth WA 6005.
[*Authorised persons for the purposes of paragraph (b) are the Registrar,
the Deputy Registrar and the Corporate Services Manager of the Builders’
Registration Board.]
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Form No. 14
Builders’ Registration Act 1939
Builders’ Registration Regulations
WITHDRAWAL OF INFRINGEMENT NOTICE
(Regulation 25)
No. of notice: . . . . . . . . . . . . . . . . Date of service: . . . . . . . . . . . . . .
To: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(name)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(address)
Infringement notice no. . . . . . . . . . . . . served on you on the . . . . . . . . day of . . . . . . . . . . . . . . . . . . for the offence described below has been withdrawn.
The modified penalty:
*has been paid and a refund is enclosed.
*has not been paid and should not be paid.
[*Delete as appropriate.]
Name and title of authorised person giving this notice . . . . . . . . . . . . . . . . . . . . Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section of Description of offence Modified penalty Act
”.
16. Second Appendix replaced
The Second Appendix is repealed and the following Appendix is inserted instead —
“
Second Appendix
Fees
Item no. Description of circumstance Fee section/ $ regulation
1. s. 4(1a) On an application, by an unregistered person,
r. 8A for an authorisation to construct a specified
building 220
2. s. 9(6)(a) To obtain from the registrar a list of the names and addresses of all persons registered in the
register 25 Item no. Description of circumstance Fee section/ $ regulation
3. s. 9(6)(b)
To obtain from the registrar a certificate as to the registration or non-registration of a named person on a specific date or during a specific
period 15 For an individual —
4. s. 10(1)(a) (a) (not a company or other body corporate)
to be registered under the Act 210 5. s. 9A(1)(e) (b) who is an architect, engineer etc. with 5 years experience to be registered
under the Act 210
6. s. 10(2)(a) For a partnership to be registered under the
r. 8B(2) Act 157
7. s. 10(2)(a) For a company or other body corporate to be
r. 8C(2) registered under the Act 210
8. s. 22(1) For the issue of a [Form 3] certificate of
r. 8(6) registration 20
9. s. 24(1)(i) On an application for a temporary licence —
r. 15(2) (a) for an individual 220 (b) for a partnership 301
(c) for a company or other body corporate 682
10.s. 34A On a complaint or application to the Disputes
r. 19 Tribunal —
(a) by a financially disadvantaged person 15 (b) by any other person 25
”.
The common seal of the ) Builders’ Registration Board ) of Western Australia was ) affixed in the presence of — ) PAUL MARSH, Chairman.
VIC WEBSDANE, Acting Registrar.Approved by the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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