Commerce Regulations Amendment (Building Services) Regulations 2023 (WA)

Case
No judgment structure available for this case.

2 June 2023 GOVERNMENT GAZETTE, WA 1423

COMMERCE

CM301

Building Services (Complaint Resolution and Administration) Act 2011

Building Services (Registration) Act 2011

Commerce Regulations Amendment (Building

Services) Regulations 2023

SL 2023/64

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.   Citation

These regulations are the Commerce Regulations Amendment

(Building Services) Regulations 2023.

2.   Commencement

These regulations come into operation as follows —

(a)

Part 1 — on the day on which these regulations are published in the Gazette;

(b) Part 2 Divisions 1 and 2 and Part 3 — on 1 July 2024;
(c) Part 2 Division 3 — on 1 July 2025;
(d) the rest of the regulations — on 1 July 2027.

Part 2 — Building Services (Registration)

time, of the National Construction Code;

Regulations 2011 amended

Division 1 — Preliminary

3. Regulations amended

This Part amends the Building Services (Registration)

Regulations 2011.

Division 2 — Amendments commencing 1 July 2024

4. Regulation 3 amended

(1) In regulation 3 insert in alphabetical order:

Building Code means the Building Code of Australia

which is volumes 1 and 2, as amended from time to

1424 GOVERNMENT GAZETTE, WA 2 June 2023

building engineering work has the meaning given in
the Building Services (Complaint Resolution and
Administration) Regulations 2011 regulation 413(l);
National Construction Code means the National
Construction Code series published by, or on behalf of,
the Australian Building Codes Board;
storey has the meaning given in the Building Code

Schedule 3.

(2) In regulation 3 in the definition of section delete "Act." and
insert:
Act;

5.            Regulation 4 amended

After regulation 4(bb) insert:

(bc) building engineering work for a class of

registration;

6.            Regulation 6 amended

(1) After regulation 6(1)(bc) insert:

(bd) building engineering practitioner, structural

professional;

(be) building engineering practitioner, structural

technologist;

(bf) building engineering practitioner, structural

associate;

(bg) building engineering practitioner, fire safety professional;

(bh) building engineering practitioner, fire systems technologist;

(bi) building engineering practitioner, fire systems associate;

(2) After regulation 6(2)(df) insert:

(dg) building engineering contractor professional

(individual);

(dh) building engineering contractor professional

(partnership);

2 June 2023 GOVERNMENT GAZETTE, WA 1425
(di) building engineering contractor professional

(company);

(dj) building engineering contractor technologist

(individual);

(dk) building engineering contractor technologist

(partnership);

(dl) building engineering contractor technologist

(company);

(dm) building engineering contractor associate

(individual);

(dn) building engineering contractor associate

(partnership);

(do) building engineering contractor associate

(company);

(dp) building engineering contractor, fire systems

technologist (individual);

(dq) building engineering contractor, fire systems

technologist (partnership);

(dr) building engineering contractor, fire systems

technologist (company); (ds) building engineering contractor,

fire systems

associate (individual);

(dt) building engineering contractor, fire systems

associate (partnership); (du) building engineering contractor,

fire systems

associate (company);

7.           Regulation 11 amended

In regulation 11:

(a) after paragraph (h) insert:
(ha) Design and Building Practitioners Act 2020
(New South Wales);
(b) after paragraph (oa) insert:
(ob) Professional Engineers Registration Act 2019
(Victoria);
8. Regulation 22 amended
In regulation 22 delete the definition of Building Code.
1426 GOVERNMENT GAZETTE, WA 2 June 2023

9.            Regulation 27 amended

(1) At the end of regulation 27(2) insert:

Penalty for this subregulation: a fine of $1 000.

(2) At the end of regulation 27 delete the Penalty.

10.          Part 3A heading amended

In the heading to Part 3A delete "Part 3A -" and insert:

Part 2A-

11.          Regulation 28F replaced

Delete regulation 28F and insert:

28F. Insurance requirements: building surveying
contractors

For the purposes of section 18(1 )(c), the insurance requirements for registration as a building surveying contractor are

(a) the applicant must have professional indemnity
insurance appropriate to manage the risk
associated with the work the applicant is likely
to carry out, taking into account all of the
following

(i)     the nature of, and risks associated with, the work likely to be carried out by the applicant;

(ii) the size and volume of the work likely
to be carried out by the applicant;
(iii)

applicant of a building surveying

the employment or engagement by the building surveying practitioner has been registered under section 17;
(iv) a reasonable estimate of the quantum of civil claims that might be brought against the applicant given the matters described in subparagraphs (i) to (iii);
(v) the financial capacity of the applicant;
(vi) the terms of the policy;
or
2 June 2023 GOVERNMENT GAZETTE, WA 1427
(b) the applicant must demonstrate that the
applicant

(i)     is a member of a professional standards scheme operated by a professional body; and

(ii)

satisfies the insurance requirements the professional standards scheme.

12.          Regulations 28J and 28K deleted

Delete regulations 28J and 28K.

13.          Part 2B inserted

Before Part 3 insert:

Part 2B - Building engineers

28J. Terms used
In this Part
building engineering contractor means any of the
following
(a) a building engineering contractor
professional (individual);
(b) a building engineering contractor
professional (partnership);
(c) a building engineering contractor
professional (company);
(d) a building engineering contractor
technologist (individual);
(e) a building engineering contractor
technologist (partnership);
(f) a building engineering contractor
technologist (company);
(g) a building engineering contractor associate (individual);
(h) a building engineering contractor associate (partnership);
(i)
a building engineering contractor
(company);
associate
(j) a building engineering contractor, fire systems technologist (individual);
(k) a building engineering contractor, fire systems technologist (partnership);
1428 GOVERNMENT GAZETTE, WA 2 June 2023
(1) a building engineering contractor, fire
systems technologist (company);
(m) a building engineering contractor, fire
systems associate (individual);
(n) a building engineering contractor, fire
systems associate (partnership);

(o)

a building engineering contractor, fire systems associate (company);

building engineering practitioner means any of the

following

(a) a building engineering practitioner,
structural professional;
(b) a building engineering practitioner,
structural technologist;
(c) a building engineering practitioner,
structural associate;

(d)

a building engineering practitioner, fire safety professional;

(e)

a building engineering practitioner, fire systems technologist;

(f)

a building engineering practitioner, fire systems associate.

28K. Prescribed titles: building engineering practitioners
and building engineering contractors
(1) The titles listed under each Part heading in the Table
are prescribed for the purposes of section 4(1).

Table

Part 1 - Building engineering practitioners

Registered Building Engineer

Registered Building Engineering Practitioner: Structural
(Professional)
Registered Building Engineering Practitioner: Structural
(Technologist)
Registered Building Engineering Practitioner: Structural
(Associate)
Registered Building Engineering Practitioner: Fire Safety
(Professional)
Registered Building Engineering Practitioner: Fire Systems
(Technologist)
Registered Building Engineering Practitioner: Fire Systems
(Associate)

2 June 2023 GOVERNMENT GAZETTE, WA 1429
Part 2 - Building engineering contractors

Registered Building Engineering Contractor
Registered Building Engineering Contractor: Professional
(Individual)
Registered Building Engineering Contractor: Professional
(Partnership)
Registered Building Engineering Contractor: Professional
(Company)
Registered Building Engineering Contractor: Technologist
(Individual)
Registered Building Engineering Contractor: Technologist
(Partnership)
Registered Building Engineering Contractor: Technologist
(Company)
Registered Building Engineering Contractor: Associate
(Individual)
Registered Building Engineering Contractor: Associate
(Partnership)
Registered Building Engineering Contractor: Associate
(Company)
Registered Building Engineering Contractor, Fire Systems:
Technologist (Individual)
Registered Building Engineering Contractor, Fire Systems:
Technologist (Partnership)
Registered Building Engineering Contractor, Fire Systems:
Technologist (Company)
Registered Building Engineering Contractor, Fire Systems:

Associate (Individual)

Registered Building Engineering Contractor, Fire Systems:

Associate (Partnership)
Registered Building Engineering Contractor, Fire Systems:

Associate (Company)

A building engineering practitioner is entitled to use a
title prescribed in Part 1 of the Table to
subregulation (1).

A building engineering contractor is entitled to use a title prescribed in Part 2 of the Table to subregulation (1).

1430 GOVERNMENT GAZETTE, WA 2 June 2023
28L. Building engineering contractors: building services
prescribed
(1) In this regulation
low-rise building means a building that, under the
Building Code, is
(a) a Class 1 or 10 building; or

(b)

a Class 2 to 9 building with a gross floor area of not more than 2 000 m2, except a building of Type A or Type B construction;

medium-rise building means a building that, under the

Building Code, is

(a) a Class 2, 3 or 9 building not referred to in paragraph (b) of the definition of low-rise building to a maximum of 3 storeys above a

Class 7a storey; or

(b)

a Class 4 to 8 building not referred to in paragraph (b) of the definition of low-rise building to a maximum of 3 storeys above a Class 7a storey, except a building of Type A construction;

professional engineering work
has the meaning given technical engineering work has the meaning given in the Building Services (Complaint Resolution and Administration) Regulations 2011 regulation 4B(1).
in the Building Services (Complaint Resolution and

(2) For the purposes of section 11(a)
(a) building engineering comprising professional
engineering work or technical engineering work
is prescribed for the following

a building engineering contractor

(i)

professional (individual);

(ii) a building engineering contractor
professional (partnership);
(iii) a building engineering contractor
professional (company);

and

(b) building engineering comprising technical
engineering work is prescribed for the
following

(i)     a building engineering contractor, fire systems technologist (individual);

(ii)     a building engineering contractor, fire systems technologist (partnership);

(iii)     a building engineering contractor, fire systems technologist (company);

2 June 2023 GOVERNMENT GAZETTE, WA 1431

and

(c) building engineering comprising technical
engineering work for a low-rise building or
medium-rise building, or incidental structure, is
prescribed for the following
(i) a building engineering contractor
technologist (individual);
(ii) a building engineering contractor
technologist (partnership);
(iii) a building engineering contractor
technologist (company);

(iv)     a building engineering contractor, fire

systems associate (individual);

(v)     a building engineering contractor, fire

systems associate (partnership);

(vi)     a building engineering contractor, fire systems associate (company);

and
(d) building engineering comprising technical
engineering work for a low-rise building or
incidental structure is prescribed for the
following
(i) a building engineering contractor
associate (individual);
(ii) a building engineering contractor
associate (partnership);
(iii) a building engineering contractor
associate (company).

28M. Qualifications and experience: building engineering

practitioners

(1) In this regulation
eligible person means a person

(a)

who was previously registered at any time in the period of 3 years ending on the day on which an application for registration as a building engineering practitioner is made; and

(b)

whose registration expired or was suspended or cancelled at the request of the person;

prescribed fire system means any of the following

(a) a hydraulic fire safety system, including the
following

(i)     a fire hydrant system;

(ii)     a fire hose reel system;

1432 GOVERNMENT GAZETTE, WA 2 June 2023

(iii)     a fire sprinkler system (whether a wall wetting sprinkler, drencher system or other system);

(iv)     any type of automatic fire suppression system of a hydraulic nature;

(b) a fire detection and alarm system;
(c) a mechanical ducted smoke control system;

previously registered means previously registered as a
building engineering practitioner;
relevant, in relation to experience in building
engineering or the building engineering industry, has

the meaning given in subregulation (5).

(2) For the purposes of section 17(l)(b), a qualification (if
any) listed in the Table, together with the experience
listed opposite the qualification, are prescribed as
qualifications and experience for building engineering
practitioners.

Table

Qualifications Experience

1.  Building engineering practitioner, structural - professional

Bachelor or Master of civil or structural 5 years of
engineering accredited to the full-time relevant
Washington Accord and published by building
Engineers Australia's Australian engineering
Engineering Accreditation Centre experience (at
least 4 years
being
post-graduate) in
the past 10 years

2.  Building engineering practitioner, structural - technologist

Bachelor of engineering technology, 5 years of
science or design in the structural full-time relevant
discipline accredited to the Sydney building
Accord and published by Engineers engineering
Australia's Australian Engineering experience (at
Accreditation Centre least 4 years
being
post-graduate) in
the past 10 years
2 June 2023 GOVERNMENT GAZETTE, WA 1433
Qualifications Experience

3.  Building engineering practitioner, structural - associate

Advanced Diploma or Associate Degree 5 years of
in structural design or drafting full-time relevant
accredited to the Dublin Accord and building
published by Engineers Australia's engineering
Australian Engineering Accreditation experience (at
Centre least 4 years
being
post-graduate) in
the past 10 years

4.  Building engineering practitioner, fire safety - professional

Bachelor or Master in a relevant field of 5 years of
engineering accredited to the full-time relevant
Washington Accord and published by building
Engineers Australia's Australian engineering
Engineering Accreditation Centre and, experience (at
if the degree is not in fire engineering, a least 4 years
Graduate Diploma in fire engineering or being
a Master of fire engineering post-graduate) in the past 10 years

5.  Building engineering practitioner, fire systems - technologist

Diploma in fire systems design with 5 years of
units relevant to 1 or more prescribed full-time relevant
fire systems building
engineering
experience in the
past 10 years

6.  Building engineering practitioner, fire systems - associate

Diploma in fire systems design with 3 years of
units relevant to 1 or more prescribed full-time relevant
fire systems building
engineering
experience in the
past 6 years
1434 GOVERNMENT GAZETTE, WA 2 June 2023

(3)

For the purposes of section 17(1)(b), the qualifications and experience for the renewal of the registration of a building engineering practitioner are the qualifications (if any) and the experience that entitled the person to be

registered as evidenced by the registration.
(4) For the purposes of section 17(1)(b), the qualifications
and experience for registration as a building
engineering practitioner for an eligible person are the
qualifications (if any) and the experience that entitled
the eligible person to be previously registered as
evidenced by the registration.
(5) For the purposes of section 17(1)(d), reference in the
Table to subregulation (2) to relevant experience in
building engineering or the building engineering
industry is a reference to experience demonstrating, at
a level appropriate to the qualification, competency in
each of the following
(a)

engineering knowledge relevant to the knowledge of any relevant standards and practices;

(b) the practice of building engineering;

(c)

the development of safe and sustainable solutions to engineering problems or issues;

(d)

the identification, assessment and management of risks;

(e) the handling of ethical issues.

(6)

For the purposes of section 17(1)(d), an application for registration as a building engineering practitioner must include certification from an assessment entity

approved by the Building Commissioner that the
applicant's qualifications and experience, considered
together, are equivalent to, or exceed, the requirements
in the Table to subregulation (2).
28N. Financial requirements: building engineering
contractors
(1) In this regulation
building engineering contractor (company) means
(a) a building engineering contractor
professional (company);
(b) a building engineering contractor
technologist (company);
(c)
a building engineering contractor
(company);
associate

(d)

a building engineering contractor, fire systems technologist (company);

2 June 2023 GOVERNMENT GAZETTE, WA 1435
(e) a building engineering contractor, fire
systems associate (company);

building engineering contractor (individual) means

(a) a building engineering contractor
professional (individual);
(b) a building engineering contractor
technologist (individual);

(c)

a building engineering contractor associate (individual);

(d)

a building engineering contractor, fire systems technologist (individual);

(e) a building engineering contractor, fire
systems associate (individual);

building engineering contractor (partnership)

means

(a) a building engineering contractor
professional (partnership);
(b) a building engineering contractor
technologist (partnership);
(c)
a building engineering contractor
(partnership);
associate

(d)

a building engineering contractor, fire systems technologist (partnership);

(e) a building engineering contractor, fire
systems associate (partnership).
(2) For the purposes of section 18(1 )(b), the following
financial requirements are prescribed for registration as
a building engineering contractor (individual)
(a) the applicant must not be an insolvent;
(b) if the applicant has previously been an
insolvent, the applicant must have the capacity
to meet debts as and when they fall due.
(3) For the purposes of section 18(1 )(b), the following
financial requirements are prescribed for registration as
a building engineering contractor (partnership)
(a) each partner of the partnership must not be an insolvent;
(b) if a partner of the partnership has previously been an insolvent, the partnership must have the capacity to meet debts as and when they fall

due.

1436 GOVERNMENT GAZETTE, WA 2 June 2023
(4) For the purposes of section 18(1 )(b), the following
financial requirements are prescribed for registration as
a building engineering contractor (company)
(a) the applicant and each officer of the applicant must not be an insolvent;
(b)

if the applicant or an officer of the applicant has must have the capacity to meet debts as and when they fall due.

280. Insurance requirements: building engineering
contractors

For the purposes of section 18(1 )(c), the insurance requirements for registration as a building engineering contractor are

(a) the applicant must have professional indemnity
insurance appropriate to manage the risk
associated with the work the applicant is likely
to carry out, taking into account all of the
following

(i)     the nature of, and risks associated with, the work likely to be carried out by the applicant;

(ii)     the size and volume of the work likely to be carried out by the applicant;

(iii)

applicant of a building engineering
practitioner and the length of time the

the employment or engagement by the been registered under section 17;

(iv)     a reasonable estimate of the quantum of civil claims that might be brought

against the applicant given the matters
described in subparagraphs (i) to (iii);

(v)     the financial capacity of the applicant;

(vi)     the terms of the policy;

or
(b) the applicant must demonstrate that the
applicant

(i)     is a member of a professional standards scheme operated by a professional body; and

(ii)

satisfies the insurance requirements the professional standards scheme.

2 June 2023 GOVERNMENT GAZETTE, WA 1437
28P. Prescribed requirements: building engineering
practitioner
(1) In this regulation
approved continuing professional development means
continuing professional development approved by the
Building Commissioner and published on the
Department's website.
(2) For the purposes of section 17(1 )(d)

(a)

building engineering practitioner, fire

an applicant for renewal of registration as a 90 hours of approved continuing professional development in the period of 3 years ending on the day on which the application is made; and

(b)

building engineering practitioner, fire
systems associate must have completed

an applicant for renewal of registration as a development in the period of 3 years ending on the day on which the application is made; and

(c)

an applicant for renewal of registration as any other building engineering practitioner must have completed 150 hours of approved continuing professional development in the period of 3 years ending on the day on which the application is made.

(3) The applicant is taken to satisfy the requirement in
subregulation (2) if the applicant can evidence
continuing membership of an industry association or
professional standards scheme approved by the
Building Commissioner.
28Q. Supervisor for building engineering contractors:
eligible person
(1) In this regulation
building engineering practitioner - associate means
any of the following
(a) a building engineering practitioner,
structural associate;

(b)

a building engineering practitioner, fire systems associate;

building engineering practitioner —professional

means any of the following -

(a) a building engineering practitioner,
structural - professional;

(b)

a building engineering practitioner, fire safety - professional;

1438 GOVERNMENT GAZETTE, WA 2 June 2023
building engineering practitioner - technologist
means any of the following
(a) a building engineering practitioner,
structural technologist;

(b)

a building engineering practitioner, fire systems technologist.

(2) For the purposes of the definition of eligible person in
section 21(1), building engineering practitioner
professional is prescribed as the class of building
service practitioner for the following classes of
building service contractor
(a) building engineering contractor professional
(individual);
(b) building engineering contractor professional
(partnership);
(c) building engineering contractor professional
(company).
(3) For the purposes of the definition of eligible person in
section 21(1), building engineering practitioner
professional and building engineering practitioner
technologist are prescribed as classes of building
service practitioner for the following classes of
building service contractor
(a) building engineering contractor technologist
(individual);
(b)
building engineering contractor
(partnership);
technologist
(c)
building engineering contractor
(company).
technologist
(4) For the purposes of the definition of eligible person in
section 21(1), building engineering practitioner
professional, building engineering practitioner technologist and building engineering practitioner
associate are prescribed as classes of building service
practitioner for the following classes of building
service contractor
(a) building engineering contractor
(individual);
associate
(b) building engineering contractor
(partnership);
associate
(c) building engineering contractor
(company).
associate
2 June 2023 GOVERNMENT GAZETTE, WA 1439
(5) For the purposes of the definition of eligible person in
section 21(1), building engineering practitioner, fire
systems technologist is prescribed as the class of
building service practitioner for the following classes
of building service contractor

(a)

building engineering contractor, fire systems technologist (individual);

(b)

building engineering contractor, fire systems technologist (partnership);

(c)

building engineering contractor, fire systems technologist (company).

(6) For the purposes of the definition of eligible person in
section 21(1), building engineering practitioner, fire
systems technologist and building engineering
practitioner, fire systems associate are prescribed as
classes of building service practitioner for the
following classes of building service contractor
(a) building engineering contractor, fire systems associate (individual);
(b) building engineering contractor, fire systems associate (partnership);
(c) building engineering contractor, fire systems associate (company).

14.          Part 4 Division 5 inserted

At the end of Part 4 insert:

Division 5— Commerce Regulations Amendment

(Building Services) Regulations 2023

53.          Transitional provision for Commerce Regulations Amendment (Building Services) Regulations 2023 Part 2 Division 2

(1) In this regulation
amending provisions means the Commerce
Regulations Amendment (Building Services)
Regulations 2023 Part 2 Division 2;
commencement day means 1 July 2024.
(2) This regulation applies to a person who was,
immediately before commencement day, carrying out a
building service of a class prescribed in
regulation 6(1 )(bd) to (bi) (the relevant class).
1440 GOVERNMENT GAZETTE, WA 2 June 2023
(3) The person may continue carrying out a building
service of the relevant class as if the amending
provisions had not come into operation until
(a) the day that is 2 years after commencement day; or
(b) if, before that day, the person makes an application under section 13 for registration for the relevant class and the Board determines the application

(i)      the day on which the Board registers the person under section 17 for the relevant class; or

(ii)      the day on which the Board refuses to register the person under section 17 for the relevant class.

15.          Schedule 1 Division 4A inserted

After Schedule 1 Division 4 insert:

Division 4A - Building engineers

Item Column 1 Column 2
Description of fee Fee ($)

1.          Application for registration as

building engineering practitioner 137.00

2.          Application for registration as

building engineering contractor 91.00

3.          Registration fee for building

engineering practitioner (3 years) 1125.00

4.           Registration fee for building

engineering contractor

(individual) (3 years) 788.00

5.          Registration fee for building

engineering contractor

(partnership) (3 years) 1 874.00

6.          Registration fee for building

engineering contractor (company)

(3 years) 2569.00
7.
Late fee for application for renewal made after renewal period 83.00
2 June 2023 GOVERNMENT GAZETTE, WA 1441

16.          Schedule 5 Division 1 amended

In Schedule 5 Division 1 clause 1 insert in alphabetical order:

building engineering contractor has the meaning given in
regulation 28J;
building engineering practitioner has the meaning given in
regulation 28J;

17.          Schedule 5 Division 2 amended

In Schedule 5 Division 2:

(a) in the item for section 4(1) in the 3rd column delete "building contractor or building surveying contractor" and insert:

building engineering practitioner, building contractor, building surveying contractor or building engineering contractor

(b) in the item for section 5(1) in the 3rd column delete "building practitioner" and insert:

building practitioner, building engineering practitioner

(c) in the item for section 5(2) in the 3rd column delete "building contractor" and insert:

building contractor, building engineering contractor

(d)

in the items for sections 6(1) and 7(1) in the 3rd column delete "builder work" and insert:

builder work, building engineering work
(e) in the items for sections 7(5), 22(2) and 22(3) in the 3rd column delete "building contractor" and insert:

building contractor, building engineering contractor

18.          Schedule 5 Division 3 amended

In Schedule 5 Division 3 delete the items for regulations 28J( 1) and 28K(1).

1442 GOVERNMENT GAZETTE, WA 2 June 2023
Division 3 - Amendments commencing 1 July 2025

19.          Regulation 6 amended

After regulation 6(1)(bi) insert:

(bj) building engineering practitioner, civil

professional;

(bk) building engineering practitioner, civil

technologist;

(bl) building engineering practitioner, civil

associate;

(bm) building engineering practitioner,

mechanical professional;

(bn) building engineering practitioner,

mechanical technologist;

(bo) building engineering practitioner,

mechanical associate;

20.          Regulation 28J amended

In regulation 28J in the definition of building engineering practitioner:

(a) in paragraph (1) delete "associate." and insert:

associate;

(b) after paragraph (0 insert:

(g)

a building engineering practitioner, civil professional;

(h) a building engineering practitioner, civil technologist;

(i)

a building engineering practitioner, civil associate;

(j) a building engineering practitioner,
mechanical professional;
(k) a building engineering practitioner,
mechanical technologist;
(1) a building engineering practitioner,
mechanical associate.
2 June 2023 GOVERNMENT GAZETTE, WA 1443

21.         Regulation 28K amended

In regulation 28K(1) in the Table Part 1 after "Registered insert:

Registered Building Engineering Practitioner: Civil
(Professional)
Registered Building Engineering Practitioner: Civil
(Technologist)
Registered Building Engineering Practitioner: Civil
(Associate)
Registered Building Engineering Practitioner: Mechanical
(Professional)
Registered Building Engineering Practitioner: Mechanical
(Technologist)
Registered Building Engineering Practitioner: Mechanical
(Associate)

22.          Regulation 28M amended

In regulation 28M(2) in the Table insert in numerical order:

7. Building engineering practitioner, civil -
professional
Bachelor or Master of civil engineering 5 years of
accredited to the Washington Accord full-time relevant
and published by Engineers Australia's building
Australian Engineering Accreditation engineering
Centre experience (at
least 4 years
being
post-graduate) in
the past 10 years
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8.       Building engineering practitioner, civil - technologist

Bachelor of engineering technology, 5 years of
science or design in the civil discipline full-time relevant
accredited to the Sydney Accord and building
published by Engineers Australia's engineering
Australian Engineering Accreditation experience (at
Centre least 4 years
being
post-graduate) in
the past 10 years
9. Building engineering practitioner, civil - associate
Advanced Diploma or Associate Degree 5 years of
in civil design, construction or drafting full-time relevant
accredited to the Dublin Accord and building
published by Engineers Australia's engineering
Australian Engineering Accreditation experience (at
Centre least 4 years
being
post-graduate) in
the past 10 years

10.     Building engineering practitioner, mechanical - professional

Bachelor or Master of mechanical 5 years of
engineering accredited to the full-time relevant
Washington Accord and published by building
Engineers Australia's Australian engineering
Engineering Accreditation Centre experience (at
least 4 years
being
post-graduate) in
the past 10 years
11. Building engineering practitioner, mechanical- echanical-
technologist
technologist
Bachelor of engineering technology, 5 years of
science or design in the mechanical full-time relevant
discipline accredited to the Sydney building
Accord and published by Engineers engineering
Australia's Australian Engineering experience (at
Accreditation Centre least 4 years
being
post-graduate) in
the past 10 years
2 June 2023 GOVERNMENT GAZETTE, WA 1445
12. Building engineering practitioner. mechanical -
associate
Advanced Diploma or Associate Degree 5 years of
in mechanical design or drafting full-time relevant
accredited to the Dublin Accord and building
published by Engineers Australia's engineering
Australian Engineering Accreditation experience (at
Centre least 4 years
being
post-graduate) in
the past 10 years

23.          Regulation 28Q amended

(1) In regulation 28Q(1) in the definition of building engineering
practitioner - associate after paragraph (b) insert:

(c)

a building engineering practitioner, civil associate;

(d) a building engineering practitioner,
mechanical associate;
(2) In regulation 28Q(1) in the definition of building engineering
practitioner —professional after paragraph (b) insert:

(c)

a building engineering practitioner, civil professional;

(d) a building engineering practitioner,
mechanical professional;
(3) In regulation 28Q(1) in the definition of building engineering
practitioner - technologist:
(a) in paragraph (b) delete "technologist." and insert:

technologist;

(b) after paragraph (b) insert:

(c)

a building engineering practitioner, civil technologist;

(d) a building engineering practitioner,
mechanical technologist.
1446 GOVERNMENT GAZETTE, WA 2 June 2023

24.          Regulation 54 inserted

At the end of Part 4 Division 5 insert:

54.          Transitional provision for Commerce Regulations Amendment (Building Services) Regulations 2023 Part 2 Division 3

(1) In this regulation
amending provisions means the Commerce
Regulations Amendment (Building Services)
Regulations 2023 Part 2 Division 3;
commencement day means 1 July 2025.
(2) This regulation applies to a person who was,
immediately before commencement day, carrying out a
building service of a class prescribed in
regulation 6(1 )(bj) to (bo) (the relevant class).
(3) The person may continue carrying out a building
service of the relevant class as if the amending
provisions had not come into operation until
(a) the day that is 2 years after commencement day; or
(b) if, before that day, the person makes an application under section 13 for registration for the relevant class and the Board determines that application

(i)     the day on which the Board registers the person under section 17 for the relevant class; or

(ii)     the day on which the Board refuses to register the person under section 17 for the relevant class.

Division 4— Amendments commencing 1 July 2027

25.          Regulation 8 amended

In regulation 8 in the Table after item 2A insert:

2B. Building engineering Building engineers
practitioner, structural
professional

Building engineering practitioner, structural technologist

2 June 2023 GOVERNMENT GAZETTE, WA 1447

Building engineering practitioner, structural associate

Building engineering
practitioner, fire safety
professional
Building engineering
practitioner, fire
systems technologist
Building engineering
practitioner, fire
systems associate
Building engineering
contractor professional
(individual)
Building engineering
contractor professional
(partnership)
Building engineering
contractor professional
(company)
Building engineering
contractor technologist
(individual)
Building engineering
contractor technologist
(partnership)
Building engineering
contractor technologist
(company)
Building engineering
contractor associate
(individual)
Building engineering
contractor associate
(partnership)
Building engineering
contractor associate
(company)
1448 GOVERNMENT GAZETTE, WA 2 June 2023
Building engineering
contractor, fire systems
technologist (individual)
Building engineering
contractor, fire systems
technologist (partnership)
Building engineering
contractor, fire systems
technologist (company)
Building engineering
contractor, fire systems
associate (individual)
Building engineering
contractor, fire systems
associate (partnership)
Building engineering
contractor, fire systems
associate (company)
Building engineering
practitioner, civil
professional
Building engineering
practitioner, civil
technologist
Building engineering
practitioner, civil
associate
Building engineering
practitioner, mechanical
professional
Building engineering
practitioner, mechanical
technologist
Building engineering
practitioner, mechanical
associate
2 June 2023 GOVERNMENT GAZETTE, WA 1449

Part 3 - Building Services (Complaint Resolution and

Administration) Regulations 2011 amended

26.          Regulations amended

This Part amends the Building Services (Complaint Resolution and Administration) Regulations 2011.

27.          Regulation 4B inserted

After regulation 4A insert:

4B. Building services: building engineering work
(1) In this regulation
building engineering work
(a) means either of the following that relates to a
building or incidental structure

(i)     professional engineering work for a class of registration;

(ii)     technical engineering work for a class of registration;

and

(b) includes the examination of plans and
specifications to provide building design
solutions in line with engineering principles,
data and calculations, except building design
solutions that comprise plumbing work;

engineering work does not include plumbing work; prescriptive standard means a document that states procedures or criteria

(a) for carrying out a design, or construction or
production activity, relating to engineering; and

(b)

the application of which, to the carrying out of the design, or construction or production activity, does not require advanced scientifically-based calculations;

professional engineering work

(a)

means engineering work that requires, or is based on, the application of engineering principles and data to a design, or construction or production activity, relating to engineering; but

(b)

does not include engineering work that is done only in accordance with a prescriptive standard;

1450 GOVERNMENT GAZETTE, WA 2 June 2023

technical engineering work means engineering work

that —

(a) requires, or is based on, the application of engineering principles and data to a design, or construction or production activity, relating to engineering; and
(b) is done in accordance with a prescriptive standard.

(2) Building engineering work is prescribed for the purposes of the definition of building service in section 3 of the Act.

V. MOLAN, Clerk of the Executive Council.

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