Commerce Regulations Amendment (Building Services) Regulations 2024 (WA)

Western Australia

Building Services (Complaint Resolution and Administration) Act 2011 Building Services (Registration) Act 2011

Commerce Regulations Amendment (Building Services) Regulations 2024

Western Australia

Commerce Regulations Amendment (Building Services) Regulations 2024 Contents Building Services (Complaint Resolution and Administration) Act 2011 Building Services (Registration) Act 2011

Building Services (Complaint Resolution and Administration) Act 2011 Building Services (Registration) Act 2011

Commerce Regulations Amendment (Building Services) Regulations 2024

Made by the Governor in Executive Council.

Part 1 – Preliminary1.Citation

These regulations are the Commerce Regulations Amendment (Building Services) Regulations 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  Part 1 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on the day after that day.

Part 2 – Building Services (Complaint Resolution and Administration) Regulations 2011 amended3.Regulations amended

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

4.Regulation 4B amended

In regulation 4B(1) in the definition of building engineering work paragraph (a)(i) and (ii) delete “for a class of registration;” and insert:

of the kind carried out by a building service practitioner in a class of building engineering practitioner listed in the Building Services (Registration) Regulations 2011 regulation 6(1);

Part 3 – Building Services (Registration) Regulations 2011 amended5.Regulations amended

This Part amends the Building Services (Registration) Regulations 2011.

6.Regulation 4 amended

Delete regulation 4(bc).

7.Regulation 10 replaced

Delete regulation 10 and insert:

10. Reduction, waiver and refund of fees

• (1)

  The Building Commissioner may reduce, waive or refund the whole or part of a fee under these regulations.

• (2)

  The Building Commissioner may do so —

  • (a)

    on their own initiative; or

  • (b)

    on application by a person in the manner and form approved by the Building Commissioner.

     
  8.Regulation 28L amended

In regulation 28L(2)(a), (b), (c) and (d) after “building engineering” (1st occurrence) insert:

work

9.Regulation 53 replaced

Delete regulation 53 and insert:

53. Registration of building service contractors

• (1)

  If a person applies for registration as a building service contractor in a class of building engineering contractor listed in regulation 6(2) before 1 July 2026, the registration fee for the person is reduced by 50%.

• (2)

  If a person applies for registration as a building service contractor in a class of building engineering contractor listed in regulation 6(2) before 1 January 2027 and their application is not determined by the Board before 1 July 2027, the person is taken to be registered as a building service contractor in that class during the period beginning on 1 July 2027 and ending on the day on which —

  • (a)

    the person is registered; or

  • (b)

    if their application is refused — the person is notified of the refusal.

• (3)

  An application is determined, for the purposes of subregulation (2), when the Board deals with the application by registering, or refusing to register, the applicant.

• (4)

  While a person is taken to be registered in a class of building engineering contractor under subregulation (2), they are also taken to have a nominated supervisor for that class.

Note for this regulation:

Registration as a building service contractor in a class of building engineering contractor listed in regulation 6(2) before 1 July 2027 is in advance of building engineering work becoming, on 1 July 2027, a prescribed building service; see the Commerce Regulations Amendment (Building Services) Regulations 2023 as amended by the Commerce Regulations Amendment (Building Services) Regulations 2024 Part 4.

54. Registration of building service practitioners

If a person applies for registration as a building service practitioner in a class of building engineering practitioner listed in regulation 6(1) before 1 July 2026, the registration fee for the person is reduced by 50%.

Part 4 – Commerce Regulations Amendment (Building Services) Regulations 2023 amended10.Regulations amended

This Part amends the Commerce Regulations Amendment (Building Services) Regulations 2023.

11.Regulation 24 deleted

Delete regulation 24.

12.Regulation 24 inserted

At the beginning of Part 2 Division 4, insert:

24. Regulation 4 amended

After regulation 4(bb) insert:

• (bc)

  building engineering work;

   

K. COLLERAN, Clerk of the Executive Council