Building Work Contractors Act 1995 (SA)

South Australia

Building Work Contractors Act 1995

An Act to regulate building work contractors and the supervision of building work; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Building Work Contractors Act 1995.

1. (1)

   In this Act, unless the contrary intention appears—

building work contractor means—

1. (a)

   a person who carries on the business of performing building work for others; or

2. (b)

   a person who carries on the business of performing building work with a view to the sale or letting (whether by lease, licence or other agreement) of land or buildings improved as a result of the building work;

building includes a wall or structure and part of a building or structure;

building owner, in relation to a domestic building work contract, means the person for whom domestic building work is or is to be performed under the contract;

building work means—

1. (a)

   the whole or part of the work of constructing, erecting, underpinning, altering, repairing, improving, adding to or demolishing a building; or

2. (b)

   the whole or part of the work of excavating or filling a site for work referred to in paragraph (a); or

3. (c)

   work of a class prescribed by regulation;

Commissioner means the Commissioner for Consumer Affairs;

director of a body corporate includes—

1. (a)

   a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

2. (b)

   any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act;

domestic building work means—

1. (a)

   the whole or part of the work of constructing, erecting, underpinning, altering, repairing, improving, adding to or demolishing a house; or

2. (b)

   the whole or part of the work of excavating or filling a site for work referred to in paragraph (a); or

3. (c)

   work of a class prescribed by regulation;

domestic building work contract means a contract between a building work contractor and another person for the performance by the contractor of domestic building work (including any variation of such a contract), but does not include a subcontract for the performance of domestic building work;

GST means the tax payable under the GST law;

GST law means—

1. (a)

   A New Tax System (Goods and Services Tax) Act 1999 (Cwth); and

2. (b)

   the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services;

house means a building intended for occupation as a place of residence but does not include a building of a class prescribed by regulation;

licence means a licence under Part 2; and licensed has a corresponding meaning;

licence number, in relation to a licensed building work contractor, means the number assigned to the person's licence…