Construction Occupations (Licensing) Act 2004 (ACT)

Construction Occupations (Licensing) Act 2004   

A2004-12

Republication No 70

Effective:  16 November 2025

Republication date: 16 November 2025

Last amendment made by A2025‑29

About this republication

The republished law

This is a republication of the Construction Occupations (Licensing) Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Construction Occupations (Licensing) Act 2004

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Notes  2

5Offences against Act—application of Criminal Code etc 2

Part 2      Important concepts

6            What is a construction practitioner?  3

7           What is a construction occupation?  3

8            What is a builder?  4

8A          What is a building assessor?  4

9            What is a building surveyor?  4

10          What is a drainer?  5

11          What is an electrician?  5

12          What is a gasfitter?  6

12A         What is a gas appliance worker?  6

13          What is a plumber?  6

14          What is a plumbing plan certifier?  7

14A         What is a works assessor?  7

15          Classes of construction occupations  7

16          What is an operational Act?  7

Part 3      Construction practitioners licences

Division 3.1              General

17          Licence applications  8

18          Eligibility for licence  8

19          Decision on licence application  9

20          Multiple occupations, classes and authorisation  11

21          Licence conditions  12

21A         Licence conditions—licensee’s previous licence cancelled for longer than 1 year etc    12

22          Endorsements on licences  13

23          Form of licence  13

24          Term of licence  14

24A         Eligibility for licence renewal  14

25          Licence renewal  14

26          Voluntary licence cancellation  16

26A         Entitlement to act as works assessor  17

26B         Notification requirements for licensees  18

26C         Criminal liability of executive officers—s 26B  19

Division 3.2              Nominees

27          Meaning of mandatory requirement for div 3.2  21

28          Nominees of corporations and partnerships  21

29          Resignation of nominee  23

30          Revocation of nominee’s appointment  24

31          Role of nominees  24

32Legislation Act and nominee appointments 25

Part 4      Rectification orders, enforceable undertakings and other obligations on licensees

Division 4.1              Preliminary

33          Definitions—pt 4  26

Division 4.2              Rectification orders and other obligations on licensees

33A         Rectification orders—exercise of registrar’s powers  26

34          Intention to make rectification order  27

35          When rectification order may be made  28

36          Considerations for deciding when rectification order appropriate           30

37          Rectification order inappropriate  31

38          Rectification orders  33

39          Emergency rectification order  35

39A         Rectification order—licensee or former licensee wound up etc before order made      36

39B         Rectification order—licensee or former licensee wound up after order made 38

40          Rectification order offence  39

41          Failure to comply with order  39

42          Action on emergency rectification order  40

43          Hindering or obstructing authorised licensee  41

44          Damage etc by authorised licensee to be minimised  41

45          Compensation  42

46          Protection of authorised licensees from liability  42

47          Licensee to give evidence of insurance  42

47A         Licensee must comply with determinations about training                   44

Division 4.3              Rectification undertakings

47B         Registrar may accept undertakings  44

47C         Notice of decision and reasons for decision  45

47D         When rectification undertaking becomes enforceable  46

47E         Withdrawal or variation of rectification undertaking  46

47F         Ending rectification undertaking  46

47G         Undertaking not admission of fault etc  46

47H         Contravention of rectification undertaking  47

47I         Proceeding for contravention or alleged contravention  48

47J         Rectification undertaking offence  49

Part 5      Automatic licence suspension and occupational discipline

Division 5.1              Automatic licence suspension

48          Automatic suspension of individual licence  50

49          Automatic suspension of corporate licence  50

50          Automatic suspension of partnership licence  51

50A         Automatic suspension of licence—no nominee  51

51          Automatic suspension of licence—construction occupations               52

52          Automatic suspension of licence—occupation classes  52

52A         Suspension of licence—public safety  52

53          End of licence suspension  53

53A         Cancellation of licence following automatic suspension  54

Division 5.2              Occupational discipline—licensees

54          Meaning of licensee—div 5.2  55

55          Grounds for occupational discipline  55

55A         Skill assessment of licensees  56

56          Occupational discipline  58

57          Considerations before making occupational discipline orders               59

58          Occupational discipline orders—licensees  60

58AA        Occupational discipline orders—directors or partners of licensees         61

58A         Occupational discipline orders—related licence of licensee                 62

59          Interim licence suspension  64

60          Effect of interim suspension  65

61          Revocation of interim suspension  65

62          Builders licence affected by occupational discipline or other action        65

63          Effect of non-renewal on suspended licence  66

64          Requirement to return surrendered licence  67

Part 5A    Licence cancellation for criminal activity

Division 5A.1            Cancellation orders

65          Meaning of cancellation order—div 5A.1  68

66          Application for cancellation order  68

67          Cancellation order  68

68          Revoking cancellation order  70

Division 5A.2            Criminal intelligence

69          Meaning of criminal intelligence—div 5A.2  70

70          Disclosure of criminal intelligence  70

71          Whether information is criminal intelligence—application and decision     70

72          Confidentiality of criminal intelligence—ACAT  71

73          Confidentiality of criminal intelligence—courts  72

74          Delegation by chief police officer  73

Part 6      Enforcement

Division 6.1              Preliminary—pt 6

75          Definitions—pt 6  74

Division 6.2              Compliance auditors

76          Compliance auditors—appointment  74

77          Compliance auditors—functions  75

78          Compliance auditors—entry to premises  75

79          Compliance auditors—production of documents  76

80          Non-compliance with s 79 notice  78

Division 6.3              Inspectors

80CA        Inspectors—appointment  79

80CB        Inspectors—functions  79

80CC        Inspectors—entry to premises  80

80CD        Inspectors—power to seize things  81

80CE        Inspectors—receipt for things seized  83

80CF        Access to things seized  83

80CG        Return of things seized  83

Division 6.4              Identity cards—compliance auditors and inspectors

80CH        Identity cards  84

80CI         Functions not to be exercised before identity card shown                   84

80CJ        Consent to entry  85

Division 6.5              Search warrants

80CK        Warrants generally  86

80CL        Warrants—application made other than in person  87

80CM       Search warrants—announcement before entry  89

80CN        Details of search warrant to be given to occupier etc  89

80CO        Occupier entitled to be present during search etc  90

80CP        Moving things to another place for examination or processing              90

Part 6A    Information requirements

80D         Meaning of information requirement—pt 6A  92

80E         Information requirements  92

80F         Treatment of documents provided under information requirement         93

80G         Contravention of information requirement  93

Part 7      Offences

81          Pretending to be licensed  94

82          No nominee  94

83          Advertising without details  95

84          Certain entities not to provide construction services  97

85          Allowing unlicensed people to provide construction service                 99

86          Surrender of licences  101

87          Breach of licence conditions or codes  102

88          Notification of cancellation of insurance  103

Part 8      Demerit points system

89          Definitions—pt 8  104

90          Meaning of previous 3 years for pt 8  105

91          Recording demerit points  105

92          When demerit points are incurred  106

93          Deleting demerit points  106

94          Warning notices  107

95          Consequences of incurring demerit points—licensees  107

96          Consequences of incurring demerit points—applicant for issue or renewal of licence    108

97          Licence suspension  109

98          Licence disqualification  109

99          Demerit points incurred but not taken into account for notice of licence suspension etc 111

100         Issue of licence suspension notice etc  111

101         Keeping demerit points register  111

102         Security and disclosure of information in demerit points register          112

Part 9      Administration

103         Construction occupations registrar  113

104         Registrar’s functions  114

104A        Ministerial statement of expectations  114

104B        Determinations about training  116

105         Delegation by registrar  116

106         Deputy registrars  116

107         The register  117

107A        Register—public information  118

108         Recording rectification orders  123

109         Recording contravention of rectification orders  123

110         Recording interim licence suspension  124

111         Removal of information from register  124

111A        Register of rectification undertakings  125

112         Annual report by registrar  126

113         Evidentiary certificates  126

Part 10     Advisory boards

114         Establishment of advisory boards  127

115         Constitution of advisory board  127

116         Advisory board functions  128

Part 11     Complaints

117         Who may complain?  129

118         Form of complaint  129

119         Withdrawal of complaints  130

120         Further information about complaint etc  130

121         Investigation of complaint  131

122         No further action  131

123         Action after investigating complaint  131

Part 11AA Information sharing

123AA      Definitions—pt 11AA  134

123AB      Sharing public safety information—territory agencies  135

123ABA     Sharing public safety information—non-territory agencies                 136

Part 11AB  Energy efficiency rating statements

123AC      Meaning of energy efficiency rating statement  137

123AD      Energy efficiency rating statement  137

123AE      Conflict of interest—building assessors  138

Part 11A   Notification and review of decisions

123A        Meaning of reviewable decision—pt 11A  140

123B        Reviewable decision notices  140

123C        Review of reviewable decisions  140

Part 12     Miscellaneous

125         Protection of registrar, advisory boards etc  141

126AS 3500 and Legislation Act, s 47 141

126A        Codes of practice  141

126B        Directors liability for amounts  142

127         Determination of fees  143

128         Approved forms  143

128A        Applying, adopting or incorporating documents in regulations            144

129         Regulation-making power  145

Dictionary146

Endnotes

1            About the endnotes  152

2            Abbreviation key  152

3            Legislation history  153

4            Amendment history  162

5            Earlier republications  183

6            Expired transitional or validating provisions  188

Construction Occupations (Licensing) Act 2004

An Act to regulate construction occupations, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Construction Occupations (Licensing) Act 2004.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘building work—see the Building Act 2004, section 6.’ means that the term ‘building work’ is defined in that section and the definition applies to this Act.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2Important concepts

1. What is a construction practitioner?

   (1)A construction practitioner is an entity that provides, has provided or proposes to provide a construction service.

   (2)A construction service is the doing or supervision of work in a construction occupation.

   NoteSupervise—see dict.

   (3)For this Act, the regulations may—

   (a)prescribe work as work in a construction occupation; and

   (b)exclude work from a construction occupation.

2. What is a construction occupation?

   Each of the following is a construction occupation:

   (a)builder;

   (b)building assessor;

   (c)building surveyor;

   (d)drainer;

   (e)electrician;

   (f)gasfitter;

   (g)gas appliance worker;

   (h)plumber;

   (i)plumbing plan certifier;

   (j)works assessor.

3. What is a builder?

   (1)A builder is an entity that provides, has provided or proposes to provide a building service.

   (2)A building service is the doing or supervising of building work.

   Note 1Building work—see the Building Act 2004, section 6.

   Note 2For building work that involves asbestos removal, a builder must hold an asbestos removal licence (see Work Health and Safety Regulation 2011, div 8.10.1).

8AWhat is a building assessor?

(1)A building assessor is an entity that provides, has provided or proposes to provide a building assessment service.

(2)A building assessment service is the doing of building assessment work.

1. What is a building surveyor?

   (1)A building surveyor is an entity that provides, has provided or proposes to provide—

   (a)a building certification service; or

   (b)an exemption assessment service; or

   (c)a works assessment service.

   NoteWorks assessment service—see s 14A (2).

   (2)An exemption assessment service is the doing of exemption assessment work.

   (3)A building certification service is the doing of building certification work.

   (4)In this section:

   building certification work means anything a building certifier may or must do under the Building Act 2004.

   NoteThe Building Act 2004 requires a building surveyor to be appointed as a certifier before doing building certification work. It also restricts the building certification work certain building surveyors may do depending on their occupation class.

   exemption assessment work means undertaking an exemption assessment under the Building Act 2004.

2. What is a drainer?

   (1)A drainer is an entity that provides, has provided or proposes to provide a sanitary drainage service.

   (2)A sanitary drainage service is the doing or supervision of sanitary drainage work.

   (3)In this section:

   sanitary drainage work—see Water and Sewerage Act 2000, dictionary.

3. What is an electrician?

   (1)An electrician is an entity that provides, has provided or proposes to provide electrical wiring services.

   (2)An electrical wiring service is the doing or supervision of electrical wiring work.

   (3)In this section:

   electrical wiring work—see the Electricity Safety Act 1971, dictionary.

4. What is a gasfitter?

   (1)A gasfitter is an entity that provides, has provided or proposes to provide a gasfitting service.

   (2)A gasfitting service is the doing or supervision of gasfitting work.

   (3)In this section:

   gasfitting work—see the Gas Safety Act 2000, section 6F.

12AWhat is a gas appliance worker?

(1)A gas appliance worker is an entity that provides, has provided or proposes to provide a gas appliance service.

(2)A gas appliance service is the doing or supervising of type A gas appliance work or type B gas appliance work.

(3)In this section:

type A gas appliance work—see the Gas Safety Act 2000, section 6B.

type B gas appliance work—see the Gas Safety Act 2000, section 6C.

1. What is a plumber?

   (1)A plumber is an entity that provides, has provided or proposes to provide a plumbing service.

   (2)A plumbing service is the doing or supervision of—

   (a)sanitary plumbing work; or

   (b)water supply plumbing work.

   (3)In this section:

   sanitary plumbing work—see Water and Sewerage Act 2000, dictionary.

   water supply plumbing work—see Water and Sewerage Act 2000, dictionary.

1. What is a plumbing plan certifier?

   (1)A plumbing plan certifier is an entity that provides, has provided or proposes to provide a plumbing plan certification service.

   (2)A plumbing plan certification service is the doing of plumbing plan certification work.

   (3)In this section:

   plumbing plan certification work means anything a certifier appointed under the Water and Sewerage Act 2000 may or must do under that Act.

14AWhat is a works assessor?

(1)A works assessor is an entity who provides, has provided or proposes to provide a works assessment service.

(2)A works assessment service is the doing of works assessment work.

1. Classes of construction occupations

   A regulation may divide a construction occupation into classes.

2. What is an operational Act?

   Each of the following is an operational Act:

   ·     Building Act 2004

   ·     Dangerous Substances Act 2004

   ·     Electricity Safety Act 1971

   ·     Gas Safety Act 2000

   ·     Planning Act 2023

   ·     Unit Titles Act 2001

   ·     Utilities Act 2000

   ·     Water and Sewerage Act 2000.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

Part 3Construction practitioners licences

Division 3.1               General

1. Licence applications

   (1)An individual, corporation or partnership may apply to the registrar to be licensed in a construction occupation or, for a construction occupation that is divided into classes, in an occupation class.

   NoteAn entity’s entitlement to apply for a licence may be affected by a disqualification (see s 98 (3)).

   (2)However, a corporation or partnership may apply under subsection (1) in relation to a construction occupation or occupation class only if the regulations allow a corporation or partnership to be licensed in the occupation or class.

   (3)The regulations may prescribe the requirements for applications.

   (4)A regulation may prescribe how an applicant may, or must, demonstrate that the applicant satisfies a requirement in relation to an application.

   (5)If this Act or the regulations prescribe requirements for applications, the registrar need not consider an application that does not comply with the requirements.

2. Eligibility for licence

   The regulations may prescribe when an entity is eligible, or not eligible, to be licensed in a construction occupation or occupation class, including the qualifications the entity must have to be eligible to be licensed in the occupation or class.

3. Decision on licence application

   (1)If an entity applies for a licence for a construction occupation or occupation class, the registrar must issue, or refuse to issue, the licence.

   (2)However, the registrar may issue a licence other than the licence applied for if—

   (a)the applicant is not eligible for the licence applied for; and

   (b)the applicant is eligible for the other licence; and

   (c)the licence issued is in the same construction occupation as, but a different occupation class from, the licence applied for; and

   (d)the applicant agrees to the issue of the licence.

   (3)The registrar must refuse to issue a licence for a construction occupation or occupation class to an applicant if—

   (a)the registrar is not satisfied that the applicant is eligible to be licensed in the occupation or class; or

   (b)the applicant is disqualified from holding a licence under section 98 (Licence disqualification).

   (4)The registrar may refuse to issue a licence for a construction occupation, or occupation class, to an applicant if—

   (a)the applicant, or a director or nominee of an applicant that is a corporation, or a partner or nominee of an applicant that is a partnership, is a licensee, a related licensee, or a former licensee (however described) under this Act or a corresponding law who—

   (i)as a result of disciplinary action (however described) is, or has been, disqualified from holding a licence (however described) or prohibited from providing a construction service (however described) under this Act or a corresponding law; or

   (ii)is, or has been, subject to occupational discipline (however described) under this Act or a corresponding law; or

   (iii)the registrar believes on reasonable grounds surrendered a licence (however described) in circumstances that related to a ground for occupational discipline (however described) under this Act or a corresponding law; or

   (iv)has contravened, or is contravening, a court order or an order made by the ACAT (or a similar State tribunal) relating to a construction service, construction occupation or occupation class under this Act or a corresponding law; or

   (v)has contravened, or is contravening, this Act or a condition of a licence or a previous or related licence; or

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

   (vi)has contravened, or is contravening, a rectification order (however described) under this Act or a corresponding law; or

   (vii)has contravened, or is contravening, a rectification undertaking (however described) under this Act or a corresponding law; or

   (viii)has a debt owing to the Territory under section 37 (5), section 41 (5) or section 42 (3) and does not have, or is not complying with, a formal arrangement to pay the debt; and

   (b)the registrar believes on reasonable grounds that the refusal is necessary or desirable to protect the public.

   (5)The registrar may issue a licence to an applicant for less than the  maximum period for which the licence may be issued if the registrar believes on reasonable grounds that it is necessary or desirable to protect the public.

   (6)If an application for occupational discipline in relation to an applicant or nominee of an applicant has been made by the registrar under division 5.2 (Occupational discipline—licensees), the registrar need not decide whether to licence the applicant until the application has been dealt with by the ACAT, and any appeal or review arising from the occupational discipline, is finished.

   (7)In this section:

   related licence means a licence under this Act or a corresponding law that is held by a related licensee.

   related licensee means—

   (a)if the applicant, or a director, partner or nominee of the applicant is or has been a director or nominee of a corporation (the related corporation) that is or has been a licensee under this Act or a corresponding law—the related corporation; or

   (b)if the applicant, or a director, partner or nominee of the applicant is or has been a partner or nominee of a partnership (the related partnership) that is or has been a licensee under this Act or a corresponding law—the related partnership.

4. Multiple occupations, classes and authorisation

   (1)A licence may authorise the licensee to provide construction services in 1 or more construction occupations and 1 or more occupation classes.

   (2)A licence authorises the licensee to provide construction services in each construction occupation or occupation class to which it relates, subject to any condition, and in accordance with any endorsement, on the licence.

5. Licence conditions

   (1)The regulations may prescribe—

   (a)conditions on licences; and

   (b)when conditions on licences (whether imposed under the regulations or by the registrar) take effect.

   (2)The registrar may also impose a condition on a licence by written notice given to the licensee if satisfied it is necessary or desirable to protect the public, unless a regulation provides otherwise.

21ALicence conditions—licensee’s previous licence cancelled for longer than 1 year etc

(1)This section applies if—

(a)an individual held a licence (however described) under this Act or a corresponding law in a construction occupation or occupation class (however described) that—

(i)was cancelled, and the individual was disqualified from applying for a licence (however described) for at least 1 year; or

(ii)the registrar believes on reasonable grounds was surrendered by the individual in circumstances that related to a ground for occupational discipline (however described); and

(b)the individual has applied for a licence for the same or substantially the same construction occupation or occupation class.

(2)The registrar may issue the licence to the individual—

(a)subject to 1 or more of the following conditions:

(i)that the licensee must not be a nominee for a stated period;

(ii)that the licensee must not supervise trainees or other licensees;

(iii)that the licensee must be supervised by someone else;

(iv)any other condition that the registrar considers appropriate; and

(b)if the registrar believes on reasonable grounds that the condition is necessary or desirable to protect the public.

(3)This section does not limit the operation of section 21.

1. Endorsements on licences

   (1)The registrar may, in accordance with the regulations, endorse a licence.

   (2)An endorsement authorises the licensee to provide a stated kind of construction service that the licensee would not otherwise be allowed to provide under the licence.

2. Form of licence

   (1)A licence must be signed by the registrar and contain the following details in relation to the licensee:

   (a)the licensee’s full name;

   (b)each construction occupation, and occupation class (if any), in which the licensee is licensed;

   (c)a unique identifying number (the licence number) for each construction occupation and occupation class in which the licensee is licensed.

   NoteA licence may be endorsed under s 22.

   (2)The regulations may require or allow other information to be included on a licence.

3. Term of licence

   The regulations may prescribe the maximum period for which a licence is issued or renewed.

24AEligibility for licence renewal

(1)A regulation may prescribe when an entity is eligible, or not eligible, for renewal of a licence in a construction occupation or occupation class, including the qualifications the entity must have to be eligible for renewal of the licence.

(2)A regulation may prescribe how an applicant may, or must, demonstrate that the applicant satisfies a requirement in relation to an application for renewal.

1. Licence renewal

   (1)A licensee may apply to the registrar for renewal of the licence before the licence term ends.

   (2)The registrar must renew a licence on application if satisfied that the applicant—

   (a)would be eligible to be licensed if the application were for a new licence of the same kind; or

   (b)is eligible for renewal of the licence.

   (3)However, the registrar may refuse to renew a licence if—

   (a)the applicant, or a director or nominee of an applicant that is a corporation, or a partner or nominee of an applicant that is a partnership, or a related licensee of the applicant—

   (i)has contravened, or is contravening, a court order or an order made by ACAT relating to the applicant’s licence or a related licence (including work done by the licensee or a related licensee); or

   (ii)has contravened, or is contravening, this Act or a condition of the applicant’s licence or a condition of a licence or a related licence; or

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

   (iii)has contravened, or is contravening, a rectification order; or

   Examples

   1failing to start the work stated in the rectification order

   2failing to finish the work stated in the rectification order in the period within which the order states that the work must be done

   (iv)has contravened, or is contravening, a rectification undertaking (however described) under this Act or a corresponding law; or

   (v)was required by the registrar under section 55A (Skill assessment of licensees) to be assessed and the applicant has not completed the assessment; or

   (vi)has a debt owing to the Territory under section 37 (5), section 41 (5) or section 42 (3) and does not have, or is not complying with, a formal arrangement to pay the debt; or

   (vii)is disqualified under a corresponding law from holding a licence (however described) or providing a construction service (however described) in the same, or substantially the same, construction occupation or occupation class applied for; and

   (b)the registrar believes on reasonable grounds that the refusal is necessary or desirable to protect the public.

   (4)The registrar may renew a licence for less than the maximum period for which the licence may be renewed if the registrar believes on reasonable grounds that it is necessary or desirable to protect the public.

   (5)The renewal of a licence begins on the day after the licence being renewed ends.

   (6)A suspended licence may be renewed, but the renewed licence is suspended until the suspension ends.

   (7)In this section:

   related licence means a licence under this Act or a corresponding law that is held by a related licensee.

   related licensee means—

   (a)if a director, partner or nominee of the applicant is or has been a director or nominee of a corporation (the related corporation) that is or has been a licensee under this Act or a corresponding law—the related corporation; or

   (b)if a director, partner or nominee of the applicant is or has been a partner or nominee of a partnership (the related partnership) that is or has been a licensee under this Act or a corresponding law—the related partnership; or

   (c)if a director, partner or nominee of the applicant is or has been a licensee under this Act or a corresponding law—the director, partner or nominee.

2. Voluntary licence cancellation

   The registrar must cancel a licensee’s licence if—

   (a)the licensee asks, in writing, for the cancellation; and

   (b)the licensee gives the licence to the registrar or satisfies the registrar that the licence has been lost, stolen or destroyed; and

   (c)the registrar is satisfied that—

   (i)the licensee cannot exercise the licensee’s functions because of mental or physical incapacity; or

   (ii)another licensee is to take over the licensee’s functions in relation to construction services that have not been completely provided; or

   (iii)it is otherwise appropriate to approve the cancellation.

26AEntitlement to act as works assessor

(1)A licensed construction practitioner is not entitled to perform services as a works assessor if the practitioner has an interest in the work (the works) to be considered for the works assessment service.

(2)For this section, a licensed construction practitioner has an interest in the works if the practitioner, or an entity related to the practitioner—

(a)has a legal or equitable interest in the land where the works are, or are to be, carried out; or

(b)has prepared, or intends to prepare, drawings intended to be used in relation to the works, unless—

(i)the works have been certified by another entity; and

(ii)the other entity is not related to the practitioner; or

(c)has carried out, or intends to carry out, any of the works; or

(d)has a financial interest in the construction or completion of the works.

(3)For this section, an entity is related to a licensed construction practitioner if the entity is—

(a)an entity with which the practitioner has a personal, professional, commercial or financial relationship; or

(b)an employer or employee of the practitioner; or

(c)a company of which the practitioner is a director or in which the practitioner holds a share.

(4)For this section, works have been certified if—

(a)a building approval has been issued for the works; or

(b)a development approval has been issued for the works; or

(c)a works assessment service has been provided for the works.

26BNotification requirements for licensees

(1)A licensee must give the registrar written notice of the following events or circumstances (a notification event);

(a)for an individual who is the licensee—the individual becomes bankrupt or personally insolvent;

(b)for a corporation that is the licensee—

(i)the corporation becomes the subject of a winding-up order; or

(ii)a controller or administrator is appointed for the corporation;

(c)for a partnership that is licensed in a construction occupation or occupation class—a partner’s licence in the same occupation or class is suspended or cancelled;

(d)the licensee, or a director or partner of the licensee, is found guilty, whether in the ACT or anywhere else, of an offence that—

(i)involves fraud, dishonesty or violence; and

(ii)is punishable by imprisonment for at least 1 year;

(e)the licensee is not insured for a construction occupation or occupation class in accordance with the regulation;

(f)for a corporation or partnership that is the licensee—the licensee does not have the required nominee or nominees for the construction occupation or occupation class of the licence.

(2)The notice must be given within 24 hours after the notification event.

(3)A licensee commits an offence if the licensee—

(a)knows about a notification event; and

(b)fails to give the notice required under this section.

Maximum penalty:  100 penalty units.

26CCriminal liability of executive officers—s 26B

(1)An executive officer of a corporation is taken to commit an offence if—

(a)the corporation commits an offence against section 26B; and

(b)the officer was reckless about whether the offence would be committed; and

(c)the officer was in a position to influence the conduct of the corporation in relation to the commission of the offence; and

(d)the officer failed to take reasonable steps to prevent the commission of the relevant offence.

Maximum penalty:  100 penalty units.

(2)In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the commission of the relevant offence, a court must consider the following:

(a)any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission):

(i)that the corporation arranges regular professional assessments of the corporation’s compliance with section 26B;

(ii)that the corporation implements any appropriate recommendation arising from such an assessment;

(iii)that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with section 26B;

(b)any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed.

(3)Subsection (2) does not limit the matters the court may consider.

(4)This section applies whether or not the corporation is prosecuted for, or convicted of, an offence against section 26B.

(5)This section does not apply if the corporation has a defence to a prosecution for an offence against section 26B.

NoteThe defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).

(6)In this section:

executive officer, of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.

Division 3.2               Nominees

1. Meaning of mandatory requirement for div 3.2

   In this division:

   mandatory requirement of the nominee means a written requirement by the nominee that the corporation or partnership do something, or not do something, in compliance with, or to achieve compliance with, this Act or an operational Act.

2. Nominees of corporations and partnerships

   (1)A corporation or partnership is eligible to be licensed only if it complies with subsection (2) or (3).

   (2)The corporation or partnership complies with this subsection if—

   (a)it has a single nominee appointed by it; and

   (b)the nominee is responsible for the supervision of the construction services provided by it; and

   (c)the nominee can, at all times, adequately supervise the construction services provided by it; and

   (d)the corporation or partnership has a written record of policies and procedures for effectively managing and supervising the nominee and the corporation’s or partnership’s obligations under the licence, including arrangements for communicating regularly with the nominee in relation to the construction services provided by the corporation or partnership.

   (3)The corporation or partnership complies with this subsection if—

   (a)it has 2 or more nominees appointed by it; and

   (b)each nominee is responsible for the supervision of particular construction services provided by it; and

   (c)there is a written record of the construction services each nominee is responsible for supervising; and

   (d)between them, the nominees are responsible for the adequate supervision of all the construction services to be provided by the corporation or partnership; and

   (e)between them, the nominees can, at all times, adequately supervise all the construction services to be provided by the corporation or partnership; and

   (f)the corporation or partnership has a written record of policies and procedures for effectively managing and supervising each nominee and the corporation’s or partnership’s obligations under the licence, including arrangements for communicating regularly with each nominee in relation to the construction services provided by the corporation or partnership.

   (4)The failure of a corporation or partnership to have the policies and procedures mentioned in subsection (2) (d) or (3) (f) is not a reasonable excuse to prevent the taking of any of the following actions in relation to the licensee or construction services carried out under the licence:

   (a)the making of a rectification order;

   (b)the taking of occupational discipline;

   (c)the imposition of a condition on the licence under section 21 (Licence conditions);

   (d)the recording of demerit points under section 91;

   (e)the taking of any other action under this Act or an operational Act.

   (5)A corporation or partnership may, in writing, appoint an eligible individual to be a nominee.

   (6)If the nominee is to be responsible for the adequate supervision of only some of the construction services to be provided by the corporation or partnership, the appointment must state the services for which the nominee is responsible.

   (7)For subsection (5), an individual is an eligible individual if the individual—

   (a)is eligible under the regulations to be appointed as a nominee; and

   (b)is licensed in the construction occupation and occupation class (if any) appropriate for each of the construction services for which the individual is to be responsible; and

   (c)agrees in writing to the appointment.

   (8)A nominee of a corporation or partnership for a construction service, construction occupation or occupation class automatically stops being a nominee for the construction service, construction occupation or occupation class if the nominee stops being eligible to be appointed as a nominee for the construction service, construction occupation or occupation class.

   Example

   Satnam is a class A builder and is the appointed nominee for a corporation that provides construction services. The registrar applies to the ACAT for an occupational discipline order and the ACAT orders the cancellation of Satnam’s class A builders licence. The cancellation of the licence means that Satnam is not eligible to be a nominee and his appointment as a nominee automatically ends. There is no need for Satnam to resign as nominee or for the corporation to revoke his appointment.

3. Resignation of nominee

   (1)A nominee of a corporation or partnership may resign the nominee’s appointment only with the registrar’s approval.

   (2)The registrar may approve the resignation of the nominee only if satisfied that—

   (a)the corporation or partnership has refused to comply with a mandatory requirement of the nominee; or

   (b)the nominee cannot exercise the nominee’s functions because of mental or physical incapacity; or

   (c)the nominee, or entity that appointed the nominee, has arranged for another nominee to take over the nominee’s functions; or

   (d)it is otherwise appropriate to approve the resignation.

4. Revocation of nominee’s appointment

   (1)A corporation or partnership may revoke a nominee’s appointment only with the registrar’s approval.

   (2)The registrar may approve the revocation of the nominee’s appointment only if satisfied that—

   (a)the nominee cannot exercise the nominee’s functions because of mental or physical incapacity; or

   (b)the nominee, or entity that appointed the nominee, has arranged for another nominee to take over the nominee’s functions; or

   (c)it is otherwise appropriate to approve the resignation.

5. Role of nominees

   (1)A nominee of a licensed corporation or partnership has the following functions:

   (a)to supervise the construction services of the corporation or partnership for which the nominee is responsible (the relevant construction service);

   (b)to ensure that the relevant construction services comply with this Act and the operational Acts.

   (2)The nominee commits an offence if the nominee fails to—

   (a)adequately supervise the relevant construction services; or

   (b)ensure that the relevant construction services comply with this Act and the operational Acts.

   Maximum penalty: 50 penalty units.

   (3)Subsection (2) does not apply to a failure of a nominee of a corporation or partnership (the nominee’s firm) if—

   (a)the nominee had given the nominee’s firm a mandatory requirement in relation to the matter that made up the failure; and

   (b)the nominee had given the registrar a copy of the mandatory requirement; and

   (c)the failure would not have happened if the mandatory requirement had been complied with.

   (4)The licensed corporation or partnership commits an offence if the nominee fails to—

   (a)adequately supervise the relevant construction services; or

   (b)ensure that the relevant construction services comply with this Act and the operational Acts.

   Maximum penalty: 50 penalty units.

   (5)An offence against this section is a strict liability offence.

6. Legislation Act and nominee appointments

   The Legislation Act, part 19.3 (Appointments) does not apply to the appointment of a nominee of a corporation or partnership.

Part 4Rectification orders, enforceable undertakings and other obligations on licensees

Division 4.1               Preliminary

1. Definitions—pt 4

   In this part:

   authorised action, for an authorised licensee, means what the licensee is authorised to do under section 41 (Failure to comply with order) or section 42 (Action on emergency rectification order).

   authorised licensee means a licensee authorised under section 41 or section 42.

   entity—see section 34 (1) (a).

   rectification undertaking—see section 47B.

Division 4.2               Rectification orders and other obligations on licensees

33ARectification orders—exercise of registrar’s powers

To remove any doubt, the registrar is not prevented from having a belief on reasonable grounds, or being satisfied, about a matter mentioned in this part in relation to a construction service only because the registrar, the territory planning authority, a certifier or another entity has—

(a)given a certificate, or approval under—

(i)this Act or an operational Act in relation to the construction service; or

(ii)the Planning Act 2023 in relation to the place where, or the territory lease under which, the construction service was provided; or

(b)otherwise endorsed the construction service under this Act or an operational Act.

1. Intention to make rectification order

   (1)This section applies if the registrar believes on reasonable grounds that—

   (a)a licensee or former licensee (the entity) has provided a construction service otherwise than in accordance with this Act or an operational Act; and

   (b)it may be appropriate to make a rectification order.

   Examples of licensee or former licensee

   1     a licensed builder does building work

   2     a drainer who was licensed, does sanitary drainage work while unlicensed

   3     a licensed gasfitter does gasfitting work and then becomes unlicensed

   4     a licensed plumber, who is the nominee of a licensee that is a corporation, does or supervises plumbing work as the nominee of the licensee

   NoteIf deciding under this section whether it may be appropriate to make a rectification order, the registrar must consider the considerations mentioned in s 36.

   (2)The registrar may give the entity, and the land owner in relation to whose land the construction service was provided, a written notice that—

   (a)gives details of the rectification order that may be made; and

   (b)explains why the registrar intends to make the order; and

   (c)invites submissions about the making of the order within the time stated in the notice that is not less than 5 working days after the day the entity or land owner receives the notice; and

   (d)states that—

   (i)the registrar will not make a rectification order if—

   (A)the registrar is not satisfied it is appropriate to make a rectification order in relation to the entity; or

   (B)if the registrar accepts a rectification undertaking from the entity—the entity complies with, and does not withdraw, the undertaking; and

   (ii)if the registrar does not make a rectification order the Territory may authorise someone else to do the things stated in this notice, and the entity will have to pay for the things to be done.

   (3)A submission mentioned in subsection (2) (c) may include a rectification undertaking in relation to the construction service mentioned in the written notice.

2. When rectification order may be made

   (1)This section applies if—

   (a)the registrar has given an entity notice under section 34; and

   (b)the entity provided the construction service, or part of the construction service, to which the notice relates; and

   (c)after considering any submissions made within the time mentioned in the notice, the registrar is satisfied—

   (i)the entity is contravening, or has contravened, this Act or an operational Act; and

   (ii)it is appropriate to make a rectification order in relation to the entity; and

   (d)if the registrar has accepted a rectification undertaking from the entity in response to the notice—the entity has failed to comply with, or has withdrawn, the undertaking.

   Note 1If deciding under this section whether it is appropriate to make a rectification order, the registrar must consider the considerations mentioned in s 36.

   Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

   (2)The registrar may make an order under section 38 (Rectification orders) in relation to the entity.

   (3)If the registrar makes an order under section 38 in relation to an entity, the registrar may also make an order under section 38 in relation to—

   (a)if the entity is a corporation—a director of the entity; or

   (b)if the entity is a partnership—

   (i)a partner of the partnership; or

   (ii)a director of a corporation that is a partner of the partnership.

   (4)If the entity has failed to comply with, or has withdrawn, the rectification undertaking, the registrar may make an order under section 38 in relation to the entity without giving the entity another notice under section 34.

   (5)However, the registrar may only make an order under section 38 in relation to the entity before the latest of the following:

   (a)if the registrar first became aware of the act that caused the contravention within 6 months before the end of the 10-year period—1 year after the registrar became aware of the act; or

   (b)if the registrar gave the entity a notice under section 34 before the end of the 10-year period—1 year after the entity was given the notice; or

   (c)in any other case—the day the 10-year period ends.

   (6)In this section:

   10-year period means the period starting on the later of the following days:

   (a)the day the act that caused the contravention happened or ended;

   (b)the day any certificate was issued by the registrar under any of the following provisions of the Building Act 2004 in relation to the building the subject of the construction service:

   (i)section 69 (Certificates of occupancy);

   (ii)section 71 (2) (Certificate for building work involving demolition);

   (iii)section 72 (2) (Certificate for building work involving erection of structure);

   (iv)section 73 (Certificates of occupancy and use for owner‑builders).

3. Considerations for deciding when rectification order appropriate

   (1)In deciding whether it is, or may be, appropriate to make a rectification order in relation to an entity that is contravening, or has or may have contravened, this Act, the registrar must consider the following:

   (a)any injury, loss or damage caused, or that could have been caused, by the contravention;

   (b)if a rectification order is proposed—how the proposed order may affect people affected by the contravention.

   Examples of effect of contravention, including injury, loss and damage

   1reduction in safety, reliability, durability, soundness, functionality, accessibility, serviceability, service life, usability, usefulness, amenity, aesthetic quality, value or efficiency of thing affected by contravention

   2adverse affect on health of user of thing affected by contravention

   (2)The registrar may consider anything else that is relevant.

   (3)However, the registrar need not consider whether the registrar, territory planning authority, a certifier or other entity has—

   (a)given a certificate, or approval under—

   (i)this Act or an operational Act in relation to the construction service; or

   (ii)the Planning Act 2023 in relation to the place where, or the territory lease under which, the construction service was provided; or

   (b)otherwise endorsed the construction service under this Act or an operational Act.

4. Rectification order inappropriate

   (1)This section applies if the registrar—

   (a)has given an entity (other than the land owner) notice under section 34 (Intention to make rectification order); and

   (b)after considering any submissions made within the time mentioned in the notice, is satisfied that the entity is contravening or has contravened this Act or an operational Act; and

   (c)is not satisfied that it is appropriate to make a rectification order in relation to the entity, because—

   (i)the registrar is satisfied on reasonable grounds that the entity is not able to do a thing in the way that would be required by the order; or

   (ii)of the relationship between the entity and the land owner; and

   (d)is satisfied that the act that caused the contravention happened, or ended, less than 10 years before the day the Territory proposes to authorise someone under this section.

   (2)The Territory may, in writing, authorise a licensee to enter the land where the work to which the notice under section 34 related was to be done and—

   (a)take the action stated in the notice; or

   (b)start or finish the work stated in the notice.

   (3)The authorised licensee must—

   (a)give the owner of the land written notice that the licensee intends to enter the land at least 24 hours before the licensee enters the land; and

   (b)give a copy of the notice to the entity before entering the land.

   (4)However, the Territory must not authorise someone until—

   (a)if the entity applied for review of the decision to authorise a licensee under this section within the period for review (the review period) of the decision allowed under the ACT Civil and Administrative Tribunal Act 2008—the review is finally disposed of; or

   (b)the review period has ended.

   (5)The entity is liable for the reasonable cost incurred in doing anything under subsection (2) and the cost is taken to be a debt owing to the Territory.

5. Rectification orders

   (1)The registrar may make an order (a rectification order) in relation to an entity requiring the entity—

   (a)to take stated action to rectify work done as part of a construction service; or

   (b)to demolish a building or part of a building where a construction service has been provided and provide the construction service under this Act or an operational Act; or

   (c)to start or finish stated work in relation to which a construction service has been, is being or was proposed to be provided.

   Example—stated action

   rectified work must comply with a stated performance requirement of the Building Code of Australia

   (2)The rectification order may also require the entity to give the registrar written information about a thing required to be done under the order.

   Examples

   1     a structural engineer’s report about whether rectified work complies with relevant structural standards

   2     certification from a building certifier that finished work complies with this Act

   (3)However, a rectification order need not state how a thing required to be done under the order is to be done.

   Example

   A rectification order requires an entity to rectify a building so that it complies with a stated performance requirement of the building code. The rectification order need not include details of how the work is to be undertaken or how the building may need to be redesigned or altered to comply with the requirement.

   (4)Subsection (5) applies if—

   (a)the order requires the entity to do a thing; and

   (b)the entity—

   (i)is not licensed, authorised or qualified to do the thing; or

   (ii)if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.

   (5)The entity must arrange, and pay for, the thing to be done by someone who—

   (a)is licensed, authorised or qualified to do the thing; or

   (b)if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.

   Examples

   1     A rectification order requires Freddie to take stated action to rectify work he has done. The action includes having to provide written information about whether the rectified work complies with relevant structural standards.  Freddie is not a structural engineer so he must arrange, and pay for, a structural engineer to prepare a report about the rectified work.

   2     A rectification order requires Jo to finish building a dwelling.  Jo is no longer a licensed builder, and she is not able to get a new licence.  Jo must arrange, and pay for, a licensed builder to finish building the dwelling.

   3     Alex is a licensed plumber who did non-compliant work on a building that caused extensive water leakage.  A rectification order requires him to fix the damage caused by the leakage, including replacing render on the building’s exterior, replacing wall linings and insulation in the wall cavity, and repainting walls and replacing carpet in the interior.  None of this work requires a licence or other authorisation under ACT law.  Alex is able to paint the interior walls to an acceptable standard, but he has never done any of the other kind of work.  He must arrange, and pay for, people with appropriate experience and skill to do the rest of the work.

   (6)The rectification order must state a period within which what is required to be done must be done.

   (7)The stated period for a rectification order other than an emergency rectification order must not be less than 1 month after the day the rectification order is given to the entity.

   NoteDetails of the rectification order must be included in the register (see s 108).

   (8)A copy of the rectification order must be given to the land owner.

1. Emergency rectification order

   (1)The registrar may make a rectification order (an emergency rectification order) under section 38 in relation to a licensee or former licensee (the entity), without giving the entity notice under section 34, if the registrar is satisfied that—

   (a)the entity has provided a construction service other than in accordance with this Act or an operational Act; and

   (b)it is appropriate to make a rectification order; and

   (c)it is not appropriate to give notice under section 34 of the registrar’s intention to make a rectification order because the need to act promptly to protect the health or safety of people, public or private property or the environment, outweighs the importance of giving the notice before making an order.

   (2)A rectification order that is an emergency rectification order must also include the following:

   (a)a statement explaining that the order is an emergency rectification order;

   (b)a statement explaining that, if the thing ordered to be done is not done within the period (the completion period) stated in the order—

   (i)the Territory may authorise a licensee to enter the land where the thing is to be done to do the thing ordered; and

   (ii)neither the Territory nor the authorised licensee need give the land owner or entity against whom the order is made further notice of the authorised licensee doing the thing on the land; and

   (iii)the entity against which the order has been made will be liable for the reasonable cost incurred in doing the thing ordered.

   (3)The completion period must not be less than 24 hours.

39ARectification order—licensee or former licensee wound up etc before order made

(1)This section applies if—

(a)the registrar believes on reasonable grounds that—

(i)a licensee or former licensee (the entity) has provided a construction service otherwise than in accordance with this Act or an operational Act; and

(ii)it may be appropriate to make a rectification order; and

(b)the entity is a corporation; and

(c)before the registrar makes the order—

(i)the entity becomes the subject of a winding-up order; or

(ii)a controller or administrator is appointed for the entity; or

(iii)the entity is deregistered.

(2)The registrar may give each person who was a director of the entity at or after the time the construction service was provided—

(a)if the registrar gave the entity notice under section 34 (Intention to make rectification order) before the entity was wound up, or a controller or administrator was appointed for the entity or the entity was deregistered—a copy of the notice and a statement to the effect that the person is invited to make submissions about the making of the order within 28 days after the day the person receives the notice; or

(b)a written notice in accordance with section 34 (2) (a), (b), (d) and (e) and a statement to the effect that the person is invited to make submissions about the making of the order within 28 days after the day the person receives the notice.

(3)The registrar may make a rectification order in relation to a person who was a director of the entity at or after the time the construction service was provided if, after considering any submissions made within the 28 days, the registrar is satisfied—

(a)the entity contravened this Act or an operational Act; and

(b)it is appropriate to make a rectification order in relation to the person.

(4)The rectification order may also require the person to give the registrar written information about a thing required to be done under the order.

(5)Subsection (6) applies if—

(a)the order requires the person to do a thing; and

(b)the person—

(i)is not licensed, authorised or qualified to do the thing; or

(ii)if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.

(6)The person must arrange, and pay for, the thing to be done by someone who—

(a)is licensed, authorised or qualified to do the thing; or

(b)if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.

39BRectification order—licensee or former licensee wound up after order made

(1)This section applies if—

(a)the registrar makes a rectification order in relation to a licensee or former licensee (the entity); and

(b)the entity is a corporation; and

(c)after the registrar makes the order—

(i)the entity becomes the subject of a winding-up order; or

(ii)a controller or administrator is appointed for the entity; or

(iii)the entity is deregistered.

(2)The order is taken to have been made in relation to each person who was a director of the entity at or after the time the construction service was provided.

(3)Subsection (4) applies if—

(a)a rectification order or emergency rectification order requires an entity to do a thing; and

(b)a person who was a director of the entity at or after the time the construction service was provided—

(i)is not licensed, authorised or qualified to do the thing; or

(ii)if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.

(4)The person must arrange and pay for the thing to be done by someone who—

(a)is licensed, authorised or qualified to do the thing; or

(b)if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.

1. Rectification order offence

   (1)A person commits an offence if the person intentionally fails to comply with a rectification order given to the person.

   Maximum penalty:  2000 penalty units.

   (2)Each partner commits an offence if—

   (a)the partnership is given a rectification order; and

   (b)the partners, or some of them, intentionally fail to comply with the rectification order.

   Maximum penalty:  2000 penalty units.

   (3)It is a defence to a prosecution for an offence against subsection (2) if the partner proves—

   (a)that—

   (i)the partner did not know about the failure to comply; and

   (ii)reasonable precautions were taken and appropriate diligence was exercised to avoid the contravention; or

   (b)that the partner was not in a position to influence the other partners in relation to the failure to comply.

2. Failure to comply with order

   (1)This section applies if an entity (the ordered entity) in relation to whom a rectification order is made contravenes the rectification order.

   (2)The Territory may, in writing, authorise a licensee to enter the land where the work to which the rectification order relates is to be done and—

   (a)take the action stated in the rectification order; or

   (b)start or finish the work stated in the rectification order.

   (3)The authorised licensee must—

   (a)give the owner of the land written notice that the licensee intends to enter the land at least 24 hours before the licensee enters the land; and

   (b)give a copy of the notice to the ordered entity before entering the land.

   (4)However, the Territory must not authorise someone until—

   (a)if the ordered entity applied for review of the decision within the period for review (the review period) of the decision to make the rectification order allowed under the ACT Civil and Administrative Tribunal Act 2008—the review is finally disposed of; or

   (b)the review period has ended.

   (5)The ordered entity is liable for the reasonable cost incurred in doing anything under subsection (2) and the cost is taken to be a debt owing to the Territory.

3. Action on emergency rectification order

   (1)This section applies if—

   (a)the registrar has made an emergency rectification order; and

   (b)the emergency rectification order includes the information mentioned in section 39 (2); and

   (c)the ordered entity has contravened the order.

   (2)The Territory may, in writing, authorise a licensee to enter the land where the work to which the rectification order is to be done and—

   (a)take the action stated in the rectification order; or

   (b)start or finish the work stated in the rectification order.

   (3)The ordered entity is liable for the reasonable cost incurred in doing anything under subsection (2) and the cost is taken to be a debt owing to the Territory.

4. Hindering or obstructing authorised licensee

   (1)An entity commits an offence if—

   (a)the entity knows someone is an authorised licensee; and

   (b)the entity hinders or obstructs the authorised licensee in the exercise of an authorised action.

   Maximum penalty:  50 penalty units.

   (2)Strict liability applies to subsection (1) (b).

5. Damage etc by authorised licensee to be minimised

   (1)In the exercise of an authorised action, an authorised licensee must take reasonable steps to ensure that the licensee, and anyone helping the licensee, causes as little inconvenience, detriment and damage as is practicable.

   (2)If an authorised licensee, or a person assisting an authorised licensee, damages anything in the exercise or purported exercise of a function under this part, the authorised licensee must give written notice of the particulars of the damage to the person the authorised licensee believes on reasonable grounds is the owner of the thing.

   (3)If the damage occurs on premises entered under this part in the absence of the occupier, the notice may be given by securing it in a conspicuous place on the premises.

6. Compensation

   (1)A person may claim reasonable compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised licensee or person assisting an authorised licensee.

   (2)Compensation may be claimed and ordered in a proceeding for—

   (a)compensation brought in a court of competent jurisdiction; or

   (b)an offence against this Act brought against the person making the claim for compensation.

   (3)A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.

   (4)The regulations may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

7. Protection of authorised licensees from liability

   (1)An authorised licensee does not incur civil liability for an authorised action done honestly for this Act.

   (2)A civil liability that would, apart from this section, attach to the authorised licensee attaches instead to the Territory.

   (3)This section does not prevent an application for occupational discipline being made in relation to an authorised licensee in relation to an authorised action done by the licensee.

8. Licensee to give evidence of insurance

   (1)Before providing a construction service to a person (the client), a licensee must give the client evidence of what insurance the licensee holds in relation to the service the licensee is to provide.

   (2)The licensee may ask the client to sign an acknowledgment that the client has been told about the licensee’s insurance.

   (3)The acknowledgment must state the time and date it was given.

   (4)If the client signs the acknowledgment, the licensee must immediately give the client a copy of it.

   (5)The registrar may assume that the client was not told about the insurance the licensee holds if—

   (a)a question arises whether the client was told about the licensee’s insurance; and

   (b)an acknowledgment under this section is not produced; and

   (c)it is not proved that the licensee told the client about the insurance.

   (6)The licensee is taken to have given evidence of what insurance the licensee holds before providing a construction service to a person if the licensee advertised the insurance held at the time of providing the services in a way likely to come to the attention of the client.

   Example of advertising insurance held

   1     Including details of insurance in the telephone directory, if the details are correct at the time the service is provided.

   2     Having details of insurance on the vehicle used to provide the service or transport to the location to provide the service, if the details are correct at the time the service is provided.

   (7)In this section:

   evidence of insurance includes a fidelity certificate.

   fidelity certificate—see the Building Act 2004, section 84.

47ALicensee must comply with determinations about training

(1)This section applies if the registrar makes a determination under section 104B (Determinations about training) that applies to a licensee.

(2)The licensee must comply with the determination.

NoteFailure to comply with a determination is a ground for occupational discipline (see s 55 (1) (a)) and may result in a refusal to renew a licence (see s 25 (3)).

Division 4.3               Rectification undertakings

47BRegistrar may accept undertakings

(1)The registrar may accept a written undertaking (a rectification undertaking) given by an entity relating to the entity’s contravention or alleged contravention of this Act or an operational Act in providing a construction service.

(2)A rectification undertaking must include the following:

(a)a statement that, on acceptance of the undertaking by the registrar, the entity—

(i)understands that the undertaking is an enforceable undertaking under this Act; and

(ii)agrees to be bound by the undertaking;

(b)a statement that the entity recognises the registrar’s concerns in relation to the entity’s contravention or alleged contravention of this Act or an operational Act;

(c)a statement that the entity understands that details of the undertaking may be included in the public register if the registrar believes on reasonable grounds that it is necessary or desirable to protect the public;

(d)one or more undertakings relating to the contravention or alleged contravention that will result in the rectification of the work done in the course of providing the construction service;

(e)anything else prescribed by regulation.

Examples—undertakings

1     to take particular action to rectify, or arrange or pay for the rectification of, work needed as a direct or indirect result of the contravention of this Act or an operational Act

2     to take particular action to compensate people adversely affected by a contravention of this Act or an operational Act

(3)A rectification undertaking may provide for any matters agreed between the registrar and the entity.

(4)The registrar or a person may suggest draft undertakings before a rectification undertaking is given by an entity under subsection (1).

47CNotice of decision and reasons for decision

(1)The registrar must give an entity that proposes to give a rectification undertaking written notice of the registrar’s decision to accept or reject the rectification undertaking and of the reasons for the decision.

(2)A written notice to accept the rectification undertaking must include information about the following:

(a)the effect of accepting the undertaking;

(b)the consequences of contravening the undertaking;

(c)withdrawing or varying the undertaking;

(d)anything else prescribed by regulation.

47DWhen rectification undertaking becomes enforceable

A rectification undertaking takes effect and becomes enforceable—

(a)when the registrar’s decision to accept the undertaking is given to the entity that gave the undertaking; or

(b)at any later date stated by the registrar.

47EWithdrawal or variation of rectification undertaking

(1)An entity that has given a rectification undertaking may at any time, with the written agreement of the registrar—

(a)withdraw the undertaking; or

(b)vary the undertaking.

(2)However, the provisions of the undertaking cannot be varied to provide for a different contravention or alleged contravention of this Act or an operational Act.

47FEnding rectification undertaking

(1)The registrar may end a rectification undertaking by written notice to the entity that gave the undertaking, if satisfied on reasonable grounds that the undertaking is no longer necessary or desirable to ensure that the person complies with this Act or an operational Act.

(2)The registrar may act under subsection (1) on the registrar’s own initiative or on the application of the entity that gave the undertaking.

(3)The undertaking ends when the entity that gave the undertaking receives the registrar’s notice.

47GUndertaking not admission of fault etc

(1)This section applies if an entity gives the registrar a rectification undertaking in relation to a contravention or alleged contravention of this Act or an operational Act, whether or not the undertaking is accepted by the registrar.

(2)Giving the undertaking is not—

(a)an express or implied admission of fault or liability by the entity in relation to the contravention or alleged contravention; or

(b)relevant to deciding fault or liability in relation to the contravention or alleged contravention.

(3)A rectification undertaking is not admissible in evidence in a court or tribunal in any proceeding in relation to the contravention or alleged contravention.

47HContravention of rectification undertaking

(1)This section applies if the registrar—

(a)believes on reasonable grounds that an entity has contravened a rectification undertaking; and

(b)has not—

(i)authorised someone to take action under section 37 (3) in relation to the work stated in the rectification undertaking; or

(ii)made a rectification order in relation to the entity that gave the rectification undertaking requiring the entity to take the action stated in the undertaking.

(2)The registrar may apply to the Magistrates Court for an order under subsection (3).

(3)If the Magistrates Court is satisfied that the rectification undertaking has been contravened, the court may make 1 or more of the following orders:

(a)an order requiring the entity that gave the undertaking to ensure that the undertaking is not contravened;

(b)an order requiring the entity that gave the undertaking to pay to the Territory the amount assessed by the court as the value of the benefits anyone derived, directly or indirectly, from the contravention of the undertaking;

(c)an order that the court considers appropriate requiring the entity that gave the undertaking to compensate someone who has suffered loss or damage because of the contravention of the undertaking;

(d)an order discharging the undertaking.

(4)In addition to the orders mentioned in subsection (3), the court may make any other order the court considers appropriate in the circumstances, including orders directing the entity that gave the undertaking to pay to the Territory—

(a)the costs of the proceeding; and

(b)the reasonable costs of the registrar in monitoring compliance with the undertaking in the future.

47IProceeding for contravention or alleged contravention

1. Amendment history

   Commencement

   s 2om LA s 89 (4)

   What is a construction occupation?

   s 7sub A2006‑16 amdt 1.28

   am A2010‑8 s 4; A2010‑32 s 16; pars renum R21 LA; A2014‑53 s 14; pars renum R37 LA; A2025-5 s 14; pars renum R68 LA

   Who is an asbestos assessor?

   s 7Ains A2006‑16 amdt 1.28

   om A2014‑53 s 15

   What is an asbestos removalist?

   s 7Bins A2006‑16 amdt 1.28

   om A2014‑53 s 16

   What is a builder?

   s 8am A2006‑16 amdt 1.29; A2009‑20 amdt 3.41; A2015‑12 ss 34-36

   What is a building assessor?

   s 8Ains A2010‑32 s 17

   am A2014‑10 s 4

   What is a building surveyor?

   s 9sub A2010‑8 s 5

   am A2010‑24 ss 27-29; ss, pars renum R24 LA

   What is a gasfitter?

   s 12am A2023-55 s 36

   What is a gas appliance worker?

   s 12Ains A2014-38 s 5

   What is a plumbing plan certifier?

   s 14am A2010‑8 s 6

   What is a works assessor?

   s 14Ains A2010‑8 s 7

   am A2010‑24 s 30; A2014‑10 s 5

   Classes of construction occupations

   s 15am A2017‑4 amdt 3.26

   What is an operational Act?

   s 16sub A2006‑16 amdt 1.30

   am A2010‑8 s 8; A2010‑24 s 31; A2013‑31 s 27; A2023-36 amdt 1.95

   Construction practitioners licences

   pt 3 hdg note        om A2022‑14 amdt 3.54

   Licence applications

   s 17am A2006‑15 amdt 1.19; A2019‑48 s 22; ss renum R53 LA; A2025‑29 amdt 4.38

   Eligibility for licence

   s 18am A2019‑48 s 23

   Decision on licence application

   s 19am A2008‑36 amdt 1.92; A2013‑31 s 27; ss renum R28 LA; A2016‑44 s 49, s 50; A2019‑48 s 24; pars renum R53 LA

   Licence conditions

   s 21am A2023-55 s 37

   Licence conditions—licensee’s previous licence cancelled for longer than 1 year etc

   s 21Ains A2013‑31 s 28

   Eligibility for licence renewal

   s 24Ains A2016‑44 s 51

   Licence renewal

   s 25am A2013‑31 s 29; ss renum R28 LA; A2016‑44 ss 52-55; A2019‑48 s 25; pars renum R53 LA

   Voluntary licence cancellation

   s 26am A2017‑4 amdt 3.27

   Entitlement to act as works assessor

   s 26Ains A2010‑8 s 9

   Notification requirements for licensees

   s 26Bins A2016‑44 s 56

   Criminal liability of executive officers—s 26B

   s 26Cins A2019‑48 s 26

   am A2025‑29 amdt 3.59

   Nominees of corporations and partnerships

   s 28am A2005‑34 amdt 1.22; A2016‑44 ss 57-59; A2019‑48 ss 27-29; ss renum R55 LA

   Resignation of nominee

   s 29am A2017‑4 amdt 3.28

   Revocation of nominee’s appointment

   s 30am A2017‑4 amdt 3.28

   Rectification orders, enforceable undertakings and other obligations on licensees

   pt 4 hdgsub A2019‑48 s 30

   Preliminary

   div 4.1 hdgins A2019‑48 s 30

   Definitions—pt 4

   s 33 hdgsub A2019‑48 s 31

   s 33def entity ins A2019‑48 s 32

   def rectification undertaking ins A2019‑48 s 32

   Rectification orders and other obligations on licensees

   div 4.2 hdgins A2019‑48 s 33

   Rectification orders—exercise of registrar’s powers

   s 33Ains A2007‑26 amdt 1.87

   (2)-(4) exp 29 February 2008 (s 33A (4) (LA s 88 declaration applies))

   am A2010‑24 s 32; A2023-36 amdt 1.96, amdt 1.97

   Intention to make rectification order

   s 34am A2013‑31 s 30; A2014‑2 s 14; A2019‑48 ss 34-36

   When rectification order may be made

   s 35am A2005‑34 amdt 1.23; A2016‑44 s 60; A2019‑48 s 37, s 38

   Considerations for deciding when rectification order appropriate

   s 36 hdgsub A2019‑48 s 39

   s 36am A2007‑26 amdt 1.88

   (4)-(6) exp 29 February 2008 (s 36 (6) (LA s 88 declaration applies))

   am A2010‑24 s 33; A2023-36 amdt 1.98, amdt 1.99

   Rectification order inappropriate

   s 37am A2008‑36 amdt 1.93; A2014‑2 s 15

   Rectification orders

   s 38am A2013‑31 ss 31-33; ss renum R28 LA; A2019‑48 s 40; ss renum R53 LA

   Rectification order—licensee or former licensee wound up etc before order made

   s 39Ains A2019‑48 s 41

   Rectification order—licensee or former licensee wound up after order made

   s 39Bins A2019‑48 s 41

   Rectification order offence

   s 40am A2014‑2 s 16

   Failure to comply with order

   s 41am A2008‑36 amdt 1.94

   Protection of authorised licensees from liability

   s 46am A2008‑36 amdt 1.95

   Licensee to give evidence of insurance

   s 47am A2025‑29 amdt 4.38

   Licensee must comply with determinations about training

   s 47Ains A2013‑31 s 34

   Rectification undertakings

   div 4.3 hdgins A2019‑48 s 42

   Registrar may accept undertakings

   s 47Bins A2019‑48 s 42

   Notice of decision and reasons for decision

   s 47Cins A2019‑48 s 42

   When rectification undertaking becomes enforceable

   s 47Dins A2019‑48 s 42

   Withdrawal or variation of rectification undertaking

   s 47Eins A2019‑48 s 42

   Ending rectification undertaking

   s 47Fins A2019‑48 s 42

   Undertaking not admission of fault etc

   s 47Gins A2019‑48 s 42

   Contravention of rectification undertaking

   s 47Hins A2019‑48 s 42

   Proceeding for contravention or alleged contravention

   s 47Iins A2019‑48 s 42

   Rectification undertaking offence

   s 47Jins A2019‑48 s 42

   Automatic licence suspension and occupational discipline

   pt 5 hdgsub A2008‑36 amdt 1.96

   Automatic suspension of individual licence

   s 48am A2009‑49 amdt 3.22

   Automatic suspension of corporate licence

   s 49am A2016‑44 s 61

   Automatic suspension of licence—no nominee

   s 50Ains A2016‑44 s 62

   Automatic suspension of licence—construction occupations

   s 51am A2006‑15 amdt 1.19

   sub A2010‑8 s 10

   Automatic suspension of licence—occupation classes

   s 52am A2006‑15 amdt 1.19

   sub A2010‑8 s 10

   Suspension of licence—public safety

   s 52Ains A2010‑32 s 18

   am A2014‑53 s 17

   End of licence suspension

   s 53 hdgsub A2010‑32 s 19

   s 53am A2008‑36 amdt 1.97; A2010‑8 s 11; A2010‑32 s 20; A2016‑44 s 63, s 64

   Cancellation of licence following automatic suspension

   s 53Ains A2019‑48 s 43

   Occupational discipline—licensees

   div 5.2 hdgsub A2008‑36 amdt 1.98

   Meaning of licensee—div 5.2

   s 54am A2008‑28 amdt 3.59

   sub A2008‑36 amdt 1.98

   Grounds for occupational discipline

   s 55sub A2008‑36 amdt 1.98

   am A2013‑31 s 35; A2016‑44 s 65, s 66

   Skill assessment of licensees

   s 55Ains A2013‑31 s 36

   am A2014‑48 amdt 1.8; A2017‑4 amdt 3.29; A2019‑48 s 44

   Occupational discipline

   s 56 hdgsub A2014‑2 s 17

   s 56am A2006‑15 amdt 1.6; A2007‑26 amdt 1.89

   sub A2008‑36 amdt 1.98

   mod SL2009‑2 mod 1.1

   mod lapsed 17 December 2009 (SL2009‑2 mod 1.1 om by A2009‑49 amdt 1.3)

   am A2009‑49 amdt 1.11; A2014‑2 s 18; A2019‑48 s 45, s 46; ss renum R53 LA

   Considerations before making occupational discipline orders

   s 57sub A2008‑36 amdt 1.98

   am A2013‑31 s 37; A2014‑2 s 19; A2019‑48 ss 47-50

   Occupational discipline orders—licensees

   s 58sub A2008‑36 amdt 1.98

   am A2016‑44 s 67

   Occupational discipline orders—directors or partners of licensees

   s 58AAins A2019‑48 s 51

   Occupational discipline orders—related licence of licensee

   s 58Ains A2016‑44 s 68

   Interim licence suspension

   s 59am A2006‑15 amdt 1.19

   sub A2008‑36 amdt 1.98

   am A2016‑44 s 69

   Effect of interim suspension

   s 60am A2006‑15 amdt 1.7

   sub A2008‑36 amdt 1.98

   am A2016‑44 s 70

   Revocation of interim suspension

   s 61sub A2008‑36 amdt 1.98

   Builders licence affected by occupational discipline or other action

   s 62am A2006‑15 amdt 1.8, amdt 1.19

   sub A2008‑36 amdt 1.98

   Effect of non-renewal on suspended licence

   s 63sub A2008‑36 amdt 1.98

   Requirement to return surrendered licence

   s 64sub A2008‑36 amdt 1.98

   Licence cancellation for criminal activity

   pt 5A hdgins A2019-43 s 4

   Cancellation orders

   div 5A.1 hdg         ins A2019-43 s 4

   Meaning of cancellation order—div 5A.1

   s 65om A2008‑36 amdt 1.98

   ins A2019-43 s 4

   Application for cancellation order

   s 66om A2008‑36 amdt 1.99

   ins A2019-43 s 4

   Cancellation order

   s 67om A2008‑36 amdt 1.99

   ins A2019-43 s 4

   Revoking cancellation order

   s 68om A2008‑36 amdt 1.99

   ins A2019-43 s 4

   Criminal intelligence

   div 5A.2 hdg         ins A2019-43 s 4

   Meaning of criminal intelligence—div 5A.2

   s 69om A2008‑36 amdt 1.99

   ins A2019-43 s 4

   Disclosure of criminal intelligence

   s 70om A2008‑36 amdt 1.99

   ins A2019-43 s 4

   Whether information is criminal intelligence—application and decision

   s 71om A2008‑36 amdt 1.99

   ins A2019-43 s 4

   Confidentiality of criminal intelligence—ACAT

   s 72om A2008‑36 amdt 1.99

   ins A2019-43 s 4

   Confidentiality of criminal intelligence—courts

   s 73om A2008‑36 amdt 1.99

   ins A2019-43 s 4

   Delegation by chief police officer

   s 74om A2008‑36 amdt 1.99

   ins A2019-43 s 4

   Disciplinary inquiries

   div 5.3 hdgom A2008‑36 amdt 1.99

   Miscellaneous

   div 5.4 hdgom A2008‑36 amdt 1.99

   Preliminary—pt 6

   div 6.1 hdgins A2014‑10 s 6

   Definitions—pt 6

   s 75sub A2014‑10 s 6

   def compliance auditor sub A2014‑10 s 6

   def inspector ins A2014‑10 s 6

   def officer ins A2014‑10 s 6

   Compliance auditors

   div 6.2 hdgins A2014‑10 s 6

   Compliance auditors—appointment

   s 76 hdgsub A2014‑10 s 7

   Compliance auditors—functions

   s 77 hdgsub A2014‑10 s 8

   Compliance auditors—entry to premises

   s 78 hdg(prev s 80 hdg) sub A2013‑31 s 38; A2014‑10 s 10

   s 78orig s 78

   am A2005‑20 amdt 3.91; ss renum R5 LA (see A2005‑20 amdt 3.92)

   om A2014‑10 s 9

   pres s 78

   (prev s 80) am A2013‑31 ss 39-43; ss renum R28 LA; A2014‑10 s 11

   renum as s 78 A2014‑10 s 10

   am A2017‑4 amdt 3.30

   Compliance auditors—production of documents

   s 79 hdg(prev s 80B hdg) sub A2014‑10 s 13

   s 79orig s 79

   om A2014‑10 s 9

   pres s 79

   (prev s 80B) ins A2013‑31 s 44

   renum as s 79 A2014‑10 s 13

   Non-compliance with s 79 notice

   s 80 hdg(prev s 80C hdg) sub A2014‑10 s 14

   s 80orig s 80

   renum as s 78

   pres s 80

   (prev s 80C) ins A2013‑31 s 44

   am A2014‑10 s 15, s 16

   renum as s 80 A2014‑10 s 14

   Consent to entry

   s 80Ains A2013‑31 s 44

   om A2014‑10 s 12

   Functions of compliance auditors—production of documents

   s 80Brenum as s 79

   Non-compliance with s 80B notice

   s 80Crenum as s 80

   Inspectors

   div 6.3 hdgins A2014‑10 s 17

   Inspectors—appointment

   s 80CAins A2014‑10 s 17

   Inspectors—functions

   s 80CBins A2014‑10 s 17

   Inspectors—entry to premises

   s 80CCins A2014‑10 s 17

   am A2017‑4 amdt 3.31

   Inspectors—power to seize things

   s 80CDins A2014‑10 s 17

   Inspectors—receipt for things seized

   s 80CEins A2014‑10 s 17

   Access to things seized

   s 80CFins A2014‑10 s 17

   Return of things seized

   s 80CGins A2014‑10 s 17

   Identity cards—compliance auditors and inspectors

   div 6.4 hdgins A2014‑10 s 17

   Identity cards

   s 80CHins A2014‑10 s 17

   Functions not to be exercised before identity card shown

   s 80CIins A2014‑10 s 17

   Consent to entry

   s 80CJins A2014‑10 s 17

   am A2017‑4 amdt 3.32

   Search warrants

   div 6.5 hdgins A2014‑10 s 17

   Warrants generally

   s 80CKins A2014‑10 s 17

   Warrants—application made other than in person

   s 80CLins A2014‑10 s 17

   am A2018-33 amdt 1.10, amdt 1.11

   Search warrants—announcement before entry

   s 80CMins A2014‑10 s 17

   am A2022‑14 amdt 3.55

   Details of search warrant to be given to occupier etc

   s 80CNins A2014‑10 s 17

   Occupier entitled to be present during search etc

   s 80COins A2014‑10 s 17

   Moving things to another place for examination or processing

   s 80CPins A2014‑10 s 17

   Information requirements

   pt 6A hdgins A2013‑31 s 45

   Meaning of information requirement—pt 6A

   s 80Dins A2013‑31 s 45

   Information requirements

   s 80Eins A2013‑31 s 45

   am A2016‑44 s 71

   Treatment of documents provided under information requirement

   s 80Fins A2013‑31 s 45

   Contravention of information requirement

   s 80Gins A2013‑31 s 45

   No nominee

   s 82am A2006‑15 amdt 1.9

   Advertising without details

   s 83mod SL2004‑36 reg 52 (as am by SL2004‑44 reg 5; om R4 LA)

   (3)-(5) exp 9 March 2005 (s 83 (5))

   am A2005‑34 amdt 1.24, amdt 1.25; A2006‑15 amdt 1.10

   Certain entities not to provide construction services

   s 84am A2006‑15 amdt 1.11, amdt 1.12; A2023‑4 ss 4-7; ss renum R60 LA

   Allowing unlicensed people to provide construction service

   s 85am A2006‑15 amdt 1.13, amdt 1.14; A2023‑4 ss 8-11; ss renum R60 LA

   Surrender of licences

   s 86am A2006‑15 amdt 1.15

   Breach of licence conditions or codes

   s 87am A2006‑15 amdt 1.16; A2016‑44 s 72

   Notification of cancellation of insurance

   s 88am A2006‑15 amdt 1.19; A2010‑8 s 12

   Definitions—pt 8

   s 89sub A2008‑36 amdt 1.100

   def demerit disciplinary ground om A2008‑36 amdt 1.100

   def demerit ground for occupational discipline ins A2008‑36 amdt 1.100

   def demerit points register sub A2008‑36 amdt 1.100

   def disciplinary incident sub A2008‑36 amdt 1.100

   def infringement notice sub A2008‑36 amdt 1.100

   def licensee am A2006‑15 amdt 1.19

   sub A2008‑36 amdt 1.100

   Recording demerit points

   s 91am A2008‑36 amdt 1.101; A2009‑49 amdt 3.23

   When demerit points are incurred

   s 92am A2008‑36 amdt 1.101

   Deleting demerit points

   s 93am A2008‑36 amdt 1.102

   Consequences of incurring demerit points—licensees

   s 95am A2008‑36 amdt 1.103

   Security and disclosure of information in demerit points register

   s 102am A2014‑49 amdt 1.7; A2016-55 amdt 4.5

   Construction occupations registrar

   s 103am A2006‑16 amdt 1.31; A2010‑8 s 13; pars renum R20 LA; A2010‑32 s 21; pars renum R21 LA; A2011‑22 amdt 1.101; A2014‑53 s 18; pars renum R37 LA; A2014-38 s 6; pars renum R39 LA; A2017‑4 amdt 3.33

   Registrar’s functions

   s 104am A2008‑36 amdt 1.104, amdt 1.105; A2011‑23 s 6; A2010‑24 s 34; A2011‑23 s 7

   Ministerial statement of expectations

   s 104Ains A2010‑32 s 22

   am A2011‑23 s 8; A2013‑31 s 46, s 47

   (6)-(8) exp 27 August 2014 (s 104A (8))

   om A2016‑44 s 73

   ins A2020‑25 s 18

   am A2025‑29 amdt 4.38

   Determinations about training

   s 104Bins A2013‑31 s 48

   am A2025‑29 amdt 4.38

   Deputy registrars

   s 106am A2013‑31 s 49; A2017‑4 amdt 3.34

   The register

   s 107am A2014‑10 s 18

   Register—public information

   s 107Ains A2014‑10 s 19

   am A2019‑48 s 52, s 53; pars renum R53 LA; A2019-43 s 5, s 6; pars renum R54 LA

   Recording rectification orders

   s 108am A2008‑36 amdt 1.106; A2019‑48 s 54

   Recording contravention of rectification orders

   s 109am A2006‑15 amdt 1.19

   Recording interim licence suspension

   s 110am A2008‑36 amdt 1.107

   Removal of information from register

   s 111am A2006‑15 amdt 1.19

   Register of rectification undertakings

   s 111Ains A2019‑48 s 55

   Annual report by registrar

   s 112am A2016‑52 amdt 1.50

   Establishment of advisory boards

   s 114(3), (4) exp 1 September 2005 (s 114 (4))

   am A2023-55 s 38

   Advisory board functions

   s 116am A2008‑36 amdt 1.108

   sub A2016‑44 s 74

   Who may complain?

   s 117am A2007‑26 amdt 1.90

   Form of complaint

   s 118am A2007‑26 amdt 1.91; A2016‑18 amdt 2.3

   Further information about complaint etc

   s 120am A2007‑26 amdt 1.92; A2016‑18 amdt 3.63

   No further action

   s 122am A2007‑26 amdt 1.93

   Action after investigating complaint

   s 123am A2007‑26 amdt 1.94, amdt 1.95; A2008‑36 amdt 1.109, amdt 1.110

   mod SL2009‑2 mod 1.2

   mod lapsed 17 December 2009 (SL2009‑2 mod 1.2 om by A2009‑49 amdt 1.3)

   am A2009‑49 amdt 1.12; A2020‑25 s 19, s 20; pars renum R58 LA; A2023-36 amdt 1.100

   Information sharing

   pt 11AA hdg         ins A2010‑32 s 23

   Definitions—pt 11AA

   s 123AAins A2010‑32 s 23

   def law of another jurisdiction ins A2018‑4 s 4

   def non-territory agency ins A2018‑4 s 4

   def public safety agency ins A2010‑32 s 23

   am A2011‑22 amdt 1.102; A2011‑55 amdt 1.3; A2023-8 amdt 2.4; pars renum R66 LA; A2025-5 s 15; pars renum R68 LA

   def public safety information ins A2010‑32 s 23

   Sharing public safety information—territory agencies

   s 123ABins A2010‑32 s 23

   sub A2018‑4 s 5

   Sharing public safety information—non-territory agencies

   s 123ABAins A2018‑4 s 5

   Energy efficiency rating statements

   pt 11AB hdgins A2010‑32 s 23

   Meaning of energy efficiency rating statement

   s 123ACins A2010‑32 s 23

   Energy efficiency rating statement

   s 123ADins A2010‑32 s 23

   Conflict of interest—building assessors

   s 123AEins A2010‑32 s 23

   am A2025‑29 amdt 4.38

   Notification and review of decisions

   pt 11A hdgins A2008‑36 amdt 1.111

   Meaning of reviewable decision—pt 11A

   s 123Ains A2008‑36 amdt 1.111

   Reviewable decision notices

   s 123Bins A2008‑36 amdt 1.111

   am A2025‑29 amdt 4.38

   Review of reviewable decisions

   s 123Cins A2008‑36 amdt 1.111

   am A2025‑29 amdt 4.38

   Review of decisions

   s 124am A2006‑15 amdt 1.19

   om A2008‑36 amdt 1.112

   Protection of registrar, advisory boards etc

   s 125am A2008‑36 amdt 1.113

   Codes of practice

   s 126Ains A2016‑44 s 75

   am A2022‑14 amdt 3.56; A2025‑29 amdt 4.38

   Directors liability for amounts

   s 126Bins A2019‑48 s 56

   Determination of fees

   s 127am A2017‑4 amdt 3.35; A2025‑29 amdt 4.38

   Approved forms

   s 128am A2025‑29 amdt 4.38

   Applying, adopting or incorporating documents in regulations

   s 128Ains A2025-5 s 16

   am A2025‑29 amdt 3.60, amdt 3.61; pars renum R70 LA

   Regulation-making power

   s 129am A2016‑44 s 76, s 77; A2025-5 s 17

   Repeals and transitional provisions

   pt 13 hdgexp 1 September 2005 (s 153 (1))

   Definitions for pt 13

   s 130exp 1 September 2005 (s 153 (1))

   Review of Act

   s 131om A2017‑4 amdt 3.36

   Legislation repealed

   s 132om LA s 89 (3)

   End of licences or registration of people taken to be licensed or registered

   s 133exp 1 September 2005 (s 153 (1))

   Building surveyors

   s 134exp 1 September 2005 (s 153 (1))

   Electricians

   s 135table renum R6 LA

   exp 1 September 2005 (s 153 (1))

   Plumbers, drainers and gasfitters

   s 136exp 1 September 2005 (s 153 (1))

   Fire sprinkler’s licence

   s 137mod SL2004‑36 reg 53 (as am by SL2004‑44 reg 5)

   mod lapsed 27 July 2005 when s 53 SL2004‑36 om by

   
   A2005‑34

   amdt 1.38

   am A2005‑34 amdt 1.26

   exp 1 September 2005 (s 153 (1))

   Plumbing plan certifiers

   s 138exp 1 September 2005 (s 153 (1))

   Suspensions under repealed Act

   s 139exp 1 September 2005 (s 153 (1))

   Suspended electricians

   s 140exp 1 September 2005 (s 153 (1))

   Application of rectification orders

   s 141am A2005‑34 amdt 1.27

   exp 1 September 2005 (s 153 (1))

   Applications for registration under repealed Act

   s 142exp 1 September 2005 (s 153 (1))

   Former licensee in s 54 (3)

   s 143am A2005‑34 amdt 1.28

   exp 1 September 2005 (s 153 (1))

   Applications for builders’ licences under Building Act

   s 144exp 1 September 2005 (s 153 (1))

   Eligible applicants for builders’ licences without qualifications

   s 145exp 1 September 2005 (s 153 (1))

   Current builder’s licence

   s 146exp 1 September 2005 (s 153 (1))

   Applications for licence or permit under Electricity Safety Act

   s 147exp 1 September 2005 (s 153 (1))

   Applications for licence or certificate of competency under Plumbers, Drainers and Gasfitters Board Act

   s 148exp 1 September 2005 (s 153 (1))

   Contraventions before commencement day

   s 149mod SL2004‑36 s 52 (as am by SL2005‑18 s 4)

   exp 1 September 2005 (s 153 (1))

   Meaning of demerit disciplinary ground for pt 8

   s 150exp 1 September 2005 (s 153 (1))

   Supervision by nominees—Act, s 28 (3) (b)

   s 151exp 1 September 2004 (s 151 (5))

   ins as mod SL2004‑36 reg 54 (as am by SL2004‑44 reg 5)

   mod lapsed 27 July 2005 when s 54 SL2004‑36 om by

   
   A2005‑34

   amdt 1.38

   Water and Sewerage Act, s 49 (5)

   s 151Ains as mod SL2004‑36 reg 54 (as am by SL2004‑44 reg 5)

   mod lapsed 27 July 2005 when s 54 SL2004‑36 om by

   
   A2005‑34

   amdt 1.38

   Transitional regulations

   s 152exp 1 September 2005 (s 153 (1))

   Expiry of pt 13

   s 153exp 1 September 2005 (s 153 (1))

   Transitional—Construction Occupations Legislation Amendment Act 2006

   pt 14 hdgins A2006‑15 amdt 1.17

   om R33 LA

   Transitional—conduct engaged in before 1/9/04

   s 154ins A2006‑15 amdt 1.17

   am A2008‑36 amdt 1.114

   exp 31 August 2014 (s 154 (3) (LA s 88 declaration applies))

   Transitional—Asbestos Legislation Amendment Act 2006

   pt 15 hdgins A2006‑16 amdt 1.32

   exp 18 November 2007 (s 157)

   Effect of building licence authorising building work involving asbestos

   s 155ins A2006‑16 amdt 1.32

   exp 18 November 2007 (s 157)

   Renewal of building surveyor licences

   s 156ins A2006‑16 amdt 1.32

   exp 18 November 2007 (s 157)

   Expiry—pt 15

   s 157ins A2006‑16 amdt 1.32

   exp 18 November 2007 (s 157)

   Transitional—Construction Occupations Legislation Amendment Act 2010 and Construction Occupations Legislation (Exemption Assessment) Amendment Act 2010

   pt 16 hdgins A2010‑24 s 35

   exp 8 July 2013 (s 160)

   Meaning of commencement day—pt 16

   s 158ins A2010‑24 s 35

   exp 8 July 2013 (s 160)

   Transitional regulations

   s 159ins A2010‑24 s 35

   exp 8 July 2013 (s 160)

   Expiry—pt 16

   s 160ins A2010‑24 s 35

   exp 8 July 2013 (s 160)

   Transitional—energy efficiency rating statements

   pt 17 hdgins A2010‑32 s 24

   exp 1 March 2014 (s 163 (1))

   General

   div 17.1 hdgins A2010‑32 s 24

   exp 1 March 2014 (s 163 (1))

   Meaning of commencement day—pt 17

   s 161ins A2010‑32 s 24

   exp 1 March 2014 (s 163 (1))

   Transitional effect—Disapplication of Legislation Act, s 88

   s 162ins A2010‑32 s 24

   exp 1 March 2014 (s 163 (1))

   Expiry—pt 17

   s 163ins A2010‑32 s 24

   (2) exp 1 March 2012 (s 163 (2))

   exp 1 March 2014 (s 163 (1))

   Energy efficiency rating statements

   div 17.2 hdgins A2010‑32 s 24

   exp 1 March 2014 (s 163 (1))

   Definitions—div 17.2

   s 164ins A2010‑32 s 24

   exp 1 March 2014 (s 163 (1))

   def old energy efficiency rating ins A2010‑32 s 24

   exp 1 March 2014 (s 163 (1))

   def old energy efficiency rating statement ins A2010‑32 s 24

   exp 1 March 2014 (s 163 (1))

   Transitional—status of old energy efficiency rating

   s 165ins A2010‑32 s 24

   exp 1 March 2014 (s 163 (1))

   Transitional—status of old energy efficiency rating statement

   s 166ins A2010‑32 s 24

   exp 1 March 2014 (s 163 (1))

   Registered assessors

   div 17.3 hdgins A2010‑32 s 24

   exp 1 March 2012 (s 163 (2))

   Meaning of registered assessor—div 17.3

   s 167ins A2010‑32 s 24

   exp 1 March 2012 (s 163 (2))

   Transitional—status of registered assessor

   s 168ins A2010‑32 s 24

   exp 1 March 2012 (s 163 (2))

   Transitional—endorsement of licence to operate software

   s 169ins A2010‑32 s 24

   exp 1 March 2012 (s 163 (2))

   Transitional—new licence application information

   pt 18 hdgins A2013‑31 s 50

   om R32 LA

   Certain information to be given to registrar

   s 170ins A2013‑31 s 50

   exp 27 August 2014 (s 170 (5))

   Transitional—rectification orders

   pt 19 hdgins A2014‑2 s 20

   exp 6 March 2015 (s 173)

   Meaning of commencement day—pt 19

   s 171ins A2014‑2 s 20

   exp 6 March 2015 (s 173)

   Further notice about making rectification order

   s 172ins A2014‑2 s 20

   exp 6 March 2015 (s 173)

   Expiry—pt 19

   s 173ins A2014‑2 s 20

   exp 6 March 2015 (s 173)

   Transitional—Construction and Energy Efficiency Legislation Amendment Act 2014 (No 2)

   pt 20 hdgins A2014‑10 s 20

   exp 18 April 2015 (s 181)

   Conduct engaged in before commencement of amending Act

   s 180ins A2014‑10 s 20

   exp 18 April 2015 (s 181)

   Expiry—pt 20

   s 181ins A2014‑10 s 20

   exp 18 April 2015 (s 181)

   Transitional—Gas Safety Legislation Amendment Act 2014

   pt 21 hdgins A2014-38 s 7

   om R67 LA

   Definitions—pt 21

   s 182ins A2014-38 s 7

   exp 30 March 2018 (s 190)

   def code ins A2014-38 s 7

   exp 30 March 2018 (s 190)

   def commencement day ins A2014-38 s 7

   exp 30 March 2018 (s 190)

   Validation of code

   s 183ins A2014-38 s 7

   exp 30 March 2018 (s 190)

   Accreditation under code

   s 184ins A2014-38 s 7

   exp 30 March 2018 (s 190)

   Certain information to be given to registrar

   s 185ins A2014-38 s 7

   exp 30 March 2018 (s 190)

   Pending applications for accreditation

   s 186ins A2014-38 s 7

   exp 30 March 2018 (s 190)

   Pending suspension or cancellation of accreditation

   s 187ins A2014-38 s 7

   exp 30 March 2018 (s 190)

   Review rights preserved

   s 188ins A2014-38 s 7

   exp 30 March 2018 (s 190)

   Conduct engaged in before commencement day

   s 189ins A2014-38 s 7

   am A2018‑42 amdt 3.32

   exp 30 March 2025 (s 189 (2))

   Expiry—pt 21

   s 190ins A2014-38 s 7

   exp 30 March 2018 (s 190)

   Transitional—Building and Construction Legislation Amendment Act 2016

   pt 22 hdgins A2016‑44 s 78

   exp 20 August 2017 (s 193)

   Definitions—pt 22

   s 191ins A2016‑44 s 78

   exp 20 August 2017 (s 193)

   def commencement day ins A2016‑44 s 78

   exp 20 August 2017 (s 193)

   def previous Act ins A2016‑44 s 78

   exp 20 August 2017 (s 193)

   End of suspension and interim suspension

   s 192ins A2016‑44 s 78

   exp 20 August 2017 (s 193)

   Expiry—pt 22

   s 193ins A2016‑44 s 78

   exp 20 August 2017 (s 193)

   Transitional—Building and Construction Legislation Amendment Act 2023

   pt 23 hdgins A2023-55 s 39

   exp 11 September 2024 (s 195)

   Transitional—distributed energy resource work

   s 194ins A2023-55 s 39

   exp 11 September 2024 (s 195)

   Expiry—pt 23

   s 195ins A2023-55 s 39

   exp 11 September 2024 (s 195)

   Validation—gas appliance workers

   pt 24 hdgins A2025-5 s 18

   exp 1 April 2025 (s 197)

   Validation of gas appliance worker as construction occupation

   s 196ins A2025-5 s 18

   exp 1 April 2025 (s 197)

   Expiry—pt 24

   s 197ins A2025-5 s 18

   exp 1 April 2025 (s 197)

   New regulations

   sch 1om R1 LA

   Dictionary

   dictam A2008‑36 amdt 1.115; A2009‑49 amdt 3.24; A2010‑32 s 25; A2011‑22 amdt 1.103; A2013‑31 s 51; A2017‑4 amdt 3.37; A2023-36 amdt 1.101

   def AS 3500 mod SL2004‑36 reg 55 (as am by SL2004‑44 reg 5)

   sub A2005‑34 amdt 1.29

   am A2017‑4 amdt 3.38

   def asbestos assessment service ins A2006‑16 amdt 1.33

   om A2014‑53 s 19

   def asbestos assessor ins A2006‑16 amdt 1.33

   om A2014‑53 s 19

   def asbestos removalist ins A2006‑16 amdt 1.33

   om A2014‑53 s 19

   def asbestos removal service ins A2006‑16 amdt 1.33

   om A2014‑53 s 19

   def building assessment work ins A2014‑10 s 21

   def building assessor ins A2010‑32 s 26

   def building certification service ins A2009‑20 amdt 3.42

   def building service ins A2009‑20 amdt 3.42

   def cancellation order ins A2019-43 s 7

   def code of practice ins A2010‑32 s 26

   am A2016‑44 s 79

   def compliance auditor sub A2014‑10 s 22

   def conduct ins A2006‑15 amdt 1.18

   def construction service ins A2009‑20 amdt 3.42

   def corresponding law ins A2013‑31 s 52

   def criminal intelligence ins A2019-43 s 7

   def daily ACT newspaper om A2009‑20 amdt 3.43

   def demerit disciplinary ground om A2017‑4 amdt 3.39

   def demerit ground for occupational discipline ins A2017‑4 amdt 3.40

   def director ins A2025-5 s 19

   def disciplinary action om A2008‑36 amdt 1.116

   def disciplinary ground om A2008‑36 amdt 1.116

   def disciplinary notice om A2008‑36 amdt 1.116

   def electrical wiring service ins A2009‑20 amdt 3.44

   def energy efficiency rating statement ins A2010‑32 s 26

   def engage ins A2006‑15 amdt 1.18

   def entity ins A2021‑12 amdt 3.10

   def exemption assessment service ins A2017‑4 amdt 3.40

   def former licensee am A2006‑15 amdt 1.19

   def gas appliance service ins A2017‑4 amdt 3.40

   def gas appliance worker ins A2017‑4 amdt 3.40

   def gasfitting service ins A2009‑20 amdt 3.44

   def ground for occupational discipline ins A2008‑36 amdt 1.117

   def information requirement ins A2013‑31 s 52

   def inquiry om A2008‑36 amdt 1.118

   def inspector ins A2014‑10 s 23

   def licensee sub A2008‑36 amdt 1.119

   def law of another jurisdiction ins A2018‑4 s 6

   def mandatory requirement ins A2017‑4 amdt 3.42

   def mandatory requirements om A2017‑4 amdt 3.41

   def nominee am A2017‑4 amdt 3.43

   def non-territory agency ins A2018‑4 s 6

   def occupation class am A2017‑4 amdt 3.44

   def occupational discipline ins A2008‑36 amdt 1.120

   def occupier ins A2013‑31 s 52

   def officer ins A2014‑10 s 23

   def plumbing plan certification service ins A2009‑20 amdt 3.44

   def plumbing service ins A2009‑20 amdt 3.44

   def public safety agency ins A2010‑32 s 26

   def public safety information ins A2010‑32 s 26

   def rectification undertaking ins A2021‑12 amdt 3.10

   def reviewable decision ins A2008‑36 amdt 1.121

   def reviewable decisions om A2008‑36 amdt 1.121

   def sanitary drainage service ins A2009‑20 amdt 3.44

   def storey om A2017‑4 amdt 3.45

   def works assessment service ins A2010‑8 s 14

   def works assessment work ins A2014‑10 s 23

   am A2023-36 amdt 1.102

   def works assessor ins A2010‑8 s 14

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 Sept 2004	1 Sept 2004– 1 Sept 2004	not amended	new regulations
R2 2 Sept 2004	2 Sept 2004– 8 Sept 2004	not amended	commenced expiry
R3 9 Sept 2004	9 Sept 2004– 9 Mar 2005	not amended	modifications by SL2004‑36 as am by SL2004‑44
R4 10 Mar 2005	10 Mar 2005– 1 June 2005	not amended	commenced expiry
R5 2 June 2005	2 June 2005– 26 July 2005	A2005‑20	amendments by A2005‑20
R6 (RI) 28 July 2005	27 July 2005– 26 Aug 2005	A2005‑34	amendments by A2005‑34 reissue for textual correction in s 83
R7 27 Aug 2005	27 Aug 2005– 1 Sept 2005	A2005‑34	modifications by SL2004‑36 as am by SL2005‑18
R8 (RI) 9 May 2006	2 Sept 2005– 30 June 2006	A2005‑34	commenced expiry reissue for republication correction
R9 1 July 2006	1 July 2006– 31 Aug 2006	A2006‑24	amendments by A2006‑16 as amended by A2006‑24
R10 1 Sept 2006	1 Sept 2006– 17 Nov 2006	A2006‑24	amendments by A2006‑15
R11 18 Nov 2006	18 Nov 2006– 18 Nov 2007	A2006‑16	amendments by A2006‑16
R12 19 Nov 2007	19 Nov 2007– 29 Nov 2007	A2007‑26	commenced expiry
R13 30 Nov 2007	30 Nov 2007– 29 Feb 2008	A2007‑26	commenced expiry
R14 1 Mar 2008	1 Mar 2008– 30 Mar 2008	A2007‑26	commenced expiry
R15* 31 Mar 2008	31 Mar 2008– 25 Aug 2008	A2007‑26	amendments by A2007‑26
R16 26 Aug 2008	26 Aug 2008– 1 Feb 2009	A2008‑28	amendments by A2008‑28
R17 2 Feb 2009	2 Feb 2009– 21 Sept 2009	SL2009‑2	amendments by A2008‑36 and modifications by SL2009‑2
R18 22 Sept 2009	22 Sept 2009– 16 Dec 2009	A2009‑20	amendments by A2009‑20
R19 17 Dec 2009	17 Dec 2009– 3 Mar 2010	A2009‑49	amendments by A2009‑49
R20 4 Mar 2010	4 Mar 2010– 28 Feb 2011	A2010‑8	amendments by A2010‑8
R21 1 Mar 2011	1 Mar 2011– 30 June 2011	A2010‑32	amendments by A2010‑32
R22 1 July 2011	1 July 2011– 6 July 2011	A2011‑22	amendments by A2011‑22
R23 7 July 2011	7 July 2011– 7 July 2011	A2011‑23	amendments by A2011‑23
R24 8 July 2011	8 July 2011– 31 Dec 2011	A2011‑23	amendments by A2010‑24 and A2011‑23
R25 1 Jan 2012	1 Jan 2012– 1 Mar 2012	A2011‑55	amendments by A2011‑55
R26 2 Mar 2012	2 Mar 2012– 8 July 2013	A2011‑55	expiry of transitional provisions (s 163 (2) and div 17.3)
R27 9 July 2013	9 July 2013– 26 Aug 2013	A2011‑55	expiry of transitional provisions (pt 16)
R28 27 Aug 2013	27 Aug 2013– 1 Mar 2014	A2013‑31	amendments by A2013‑31
R29 2 Mar 2014	2 Mar 2014– 5 Mar 2014	A2013‑31	expiry of transitional provisions (pt 17)
R30 6 Mar 2014	6 Mar 2014– 17 Apr 2014	A2014‑2	amendments by A2014‑2
R31 18 Apr 2014	18 Apr 2014 27 Aug 2014	A2014‑10	amendments by A2014‑10
R32 28 Aug 2014	28 Aug 2014 31 Aug 2014	A2014‑10	expiry of provision (s 104A (6)-(8)) and transitional provision (s 170)
R33 1 Sept 2014	1 Sept 2014– 16 Oct 2014	A2014‑10	expiry of transitional provisions (pt 14)
R34 17 Oct 2014	17 Oct 2014– 16 Nov 2014	A2014‑10	amendments by A2014‑10
R35 17 Nov 2014	17 Nov 2014– 19 Nov 2014	A2014‑49	amendments by A2014‑49
R36 20 Nov 2014	20 Nov 2014– 31 Dec 2014	A2014‑49	amendments by A2014‑49
R37 1 Jan 2015	1 Jan 2015– 6 Mar 2015	A2014-53	amendments by A2014-53
R38 7 Mar 2015	7 Mar 2015– 29 Mar 2015	A2014-53	expiry of transitional provisions (pt 19)
R39 30 Mar 2015	30 Mar 2015– 18 Apr 2015	A2014‑53	amendments by A2014-38
R40 19 Apr 2015	19 Apr 2015– 20 May 2015	A2014‑53	expiry of transitional provisions (pt 20)
R41 21 May 2015	21 May 2015– 26 Apr 2016	A2015-12	amendments by A2015-12
R42 27 Apr 2016	27 Apr 2016– 19 Aug 2016	A2016-18	amendments by A2016-18
R43 20 Aug 2016	20 Aug 2016– 31 Aug 2016	A2016-44	amendments by A2016-44
R44 1 Sept 2016	1 Sept 2016– 8 Mar 2017	A2016-52	amendments by A2016-52
R45 9 Mar 2017	9 Mar 2017– 23 May 2017	A2017‑4	amendments by A2017‑4
R46 24 May 2017	24 May 2017– 20 Aug 2017	A2017‑14	updated endnotes as amended by A2017‑14
R47 21 Aug 2017	21 Aug 2017– 31 Dec 2017	A2017‑14	expiry of transitional provisions (pt 22)
R48 1 Jan 2018	1 Jan 2018– 1 Mar 2018	A2017‑14	amendments bv A2016-55 as amended by A2017‑14
R49 2 Mar 2018	2 Mar 2018– 30 Mar 2018	A2018‑4	amendments by A2018‑4
R50 31 Mar 2018	31 Mar 2018– 22 Oct 2018	A2018‑4	expiry of transitional provisions (ss 182‑188 and s 190)
R51 23 Oct 2018	23 Oct 2018– 21 Nov 2018	A2018-33	amendments by A2018-33
R52 22 Nov 2018	22 Nov 2018– 9 Dec 2019	A2018‑42	amendments by A2018‑42
R53 10 Dec 2019	10 Dec 2019– 5 June 2020	A2019‑48	amendments by A2019‑48
R54 6 June 2020	6 June 2020– 8 June 2020	A2019‑48	amendments by A2019-43
R55 9 June 2020	9 June 2020– 24 June 2020	A2019‑48	amendments by A2019‑48
R56 25 June 2020	25 June 2020– 22 June 2021	A2020‑25	amendments by A2020‑25
R57 23 June 2021	23 June 2021– 23 June 2022	A2021‑12	amendments by A2021‑12
R58 24 June 2022	24 June 2022– 23 Aug 2022	A2021‑12	amendments by A2020‑25
R59 24 Aug 2022	24 Aug 2022– 15 Feb 2023	A2022‑14	amendments by A2022‑14
R60 16 Feb 2023	16 Feb 2023– 26 Nov 2023	A2023‑4	amendments by A2023‑4
R61 27 Nov 2023	27 Nov 2023– 11 Dec 2023	A2023‑36	amendments by A2023‑36
R62 12 Dec 2023	12 Dec 2023– 10 Mar 2024	A2023‑55	amendments by A2023‑55
R63 11 Mar 2024	11 Mar 2024– 11 Sept 2024	A2023‑55	amendments by A2023‑55
R64 12 Sept 2024	12 Sept 2024– 10 Dec 2024	A2023‑55	expiry of transitional provisions (pt 23)
R65 11 Dec 2024	11 Dec 2024– 5 Mar 2025	A2023‑55	amendments by A2023‑55
R66 6 Mar 2025	6 Mar 2025– 30 Mar 2025	A2023‑55	amendments by A2023-8 as amended by A2023-20 and A2024‑21
R67 31 Mar 2025	31 Mar 2025– 31 Mar 2025	A2023‑55	expiry of transitional provision (s 189)
R68 1 Apr 2025	1 Apr 2025– 1 Apr 2025	A2025-5	amendments by A2025-5
R69 2 Apr 2025	2 Apr 2025– 15 Nov 2025	A2025-5	expiry of validation provisions (pt 24)

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.