Construction Occupations (Licensing) Amendment Regulation 2016 (No 1) (ACT)

In the matter of Construction Occupations (Licensing) Amendment Regulation 2016 (No 1) (ACT), the issue before the court was the validity of the new regulation concerning eligibility for an owner-builder's licence. The plaintiff argued that certain provisions of the amendment were inconsistent with the parent Act and thus invalid. Specifically, the plaintiff took issue with the amendment's requirement that an individual must not have been issued an owner-builder's licence in the preceding five years, except under very specific circumstances. The plaintiff contended that this restriction was not contemplated by the parent Act, which did not impose such a limitation on the eligibility criteria for an owner-builder's licence.

The court considered whether the amendment was within the legislative power of the ACT to enact such regulations. It assessed whether the amendment was consistent with the objectives and provisions of the parent Act, and whether it was an appropriate and necessary measure to achieve those objectives. The court found that the amendment did not exceed the legislative power of the ACT, and was consistent with the overarching goals of the parent Act, which aims to ensure that only qualified individuals undertake construction work. The court determined that the restriction on individuals who have held a previous licence was a reasonable measure to prevent abuse of the owner-builder's licence system and to ensure that such individuals had sufficient time to gain further experience or qualifications.

The court concluded that the amendment was a valid exercise of the legislative power of the ACT, and upheld the provisions of the Construction Occupations (Licensing) Amendment Regulation 2016 (No 1). The plaintiff's challenge to the validity of the amendment was dismissed, and the amendment was declared to be in force. The court did not make any orders for costs or damages, as the plaintiff's challenge was found to be without merit.