Construction Occupations (Licensing) Regulation 2004 (ACT)

Construction Occupations (Licensing) Regulation 2004   

SL2004-36

made under the

Construction Occupations (Licensing) Act 2004

Republication No 51

Effective:  1 July 2025

Republication date: 1 July 2025

Last amendment made by SL2025‑11

About this republication

The republished law

This is a republication of the Construction Occupations (Licensing) Regulation 2004, made under the Construction Occupations (Licensing) Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 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 does not include 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) Regulation 2004

made under the

Construction Occupations (Licensing) Act 2004

Contents

Page

Part 1      Preliminary

1            Name of regulation  2

2            Dictionary  2

3            Notes  2

4Offences against regulation—application of Criminal Code etc 3

Part 1A    Work in construction occupation

4A          Construction occupation of builder—excluded work—Act, s 6 (3) (b)       4

4B          Construction occupation of gasfitter—excluded work—Act, s 6 (3) (b)      4

Part 2      Licences

5            Licence applications—Act, s 17 (3)  5

6            Information required on licence—Act, s 23 (2)  7

7           Term of licences generally—Act, s 24  8

8            Term of licence for building assessors, building surveyors, plumbing plan certifiers and works assessors—Act, s 24  8

Part 3      Register

9            Particulars in register  10

10          Keeping register  11

Part 4      General eligibility requirements

Division 4.1              Eligibility to be licensed

11          Not eligible because of suspension  12

11A         Not eligible because of criminal activity  12

12          Individuals not eligible  12

13          Eligibility for licence—suitability and financial requirements—Act, s 18 and s 24A       13

14          Skill assessment of individuals  14

14A         Notice of skill assessment  15

15          Corporations and partnerships eligible for some occupations               16

16          Eligibility to be owner-builder  17

16B         Eligibility to be building assessor  19

17          Eligibility to be building surveyor  19

18          Eligibility to be plumbing plan certifier  21

18A         Eligibility to be works assessor  21

Division 4.1A            Licence renewal

18B         Requirement to undertake assessment  22

Division 4.2              Nominees

19          Eligibility to be nominee—Act, s 28 (6)  24

Part 5      Licence conditions and endorsements

Division 5.1              Licence conditions on licences

20          Prescribed licence conditions—Act, s 21 (1)  26

21          Change of register information  26

21A         Comply with code of practice  26

22          Corporate licences  27

23          Partnership licences  27

24          Individual licences  27

25          Operative drainers  27

26          Journeyperson gasfitters  28

26A         Medical gas technicians must not commission or test etc own medical gasfitting work  28

27          Journeyperson plumbers  28

28          Certain building surveyors  28

Division 5.2              Endorsements on licences

30          Endorsing builders licences for building work—Act, s 22  29

31          Endorsing plumbers licences for backflow prevention device test work—Act, s 22       29

31A         Endorsing building assessors licences for use of software—Act, s 22     30

31B         Endorsing licences for gas appliance work—Act, s 22  30

31C         Endorsing electricians licences for work on interval meters—Act, s 22    31

31D         Endorsing electricians licences for work on distributed energy resources—Act, s 22     32

32          Considerations for endorsing licences  32

Division 5.3              Returning and replacing licences and unlicensed services

32A         Return of licence  33

33          Replacement licences  34

35          Services that may be provided without licence  34

Part 6      Construction occupation classes

36          Classes of licence generally  38

37          Classes of builder  38

37B         Classes of building assessor  38

38          Classes of building surveyor  38

39          Classes of drainer  38

40          Classes of electrician  38

41          Classes of gasfitters  38

41A         Classes of gas appliance worker  39

42          Classes of plumber  39

Part 6A    Notification and review of decisions

42A         Reviewable decisions—Act, s 123A, def reviewable decision               40

42B         Right of review and notice—Act, s 123B and s 123C (a)  40

Part 7      Miscellaneous

43          Short descriptions and demerit points  41

44          Information in report to Minister—Act, s 112  41

45          Requirements for notices requesting skill assessment of licensees—Act, s 55A         42

45A         Applying, adopting or incorporating documents in statutory instruments    43

Part 8      Transitional

46          Meaning of repealed Act for pt 8  45

47          Meaning of licence for s 9 (1) (h)  45

48          Meaning of licensee and occupational discipline—s 9 (1) (i)                45

50          Meaning of owner-builders licence for s 16  45

51          Meaning of licence for s 34  46

Schedule 1 Classes of construction occupation licence and functions 47

Part 1.3    Builder  47

Part 1.3A   Building assessor  48

Part 1.4    Building surveyor  49

Part 1.5    Drainer  50

Part 1.6    Electrician  51

Part 1.7    Gasfitters  53

Part 1.7A  Gas appliance worker  55

Part 1.8    Plumbers  56

Part 1.9    Works assessors  57

Schedule 2 Demerit grounds for occupational discipline      58

Part 2.1    Builders licence demerit grounds for occupational discipline—Act, s 55 (1) (a)  58

Part 2.2    Building surveyors licence demerit grounds for occupational discipline—Act, s 55 (1) (a)  69

Part 2.3    Drainers licence demerit grounds for occupational discipline—Act, s 55 (1) (a)  73

Part 2.4    Electricians licence demerit grounds for occupational discipline—Act, s 55 (1) (a)  79

Part 2.5    Gasfitters licence demerit grounds for occupational discipline—Act, s 55 (1) (a)  81

Part 2.6    Plumbers licence demerit grounds for occupational discipline—Act, s 55 (1) (a)  94

Part 2.7    Plumbing plan certifiers licence demerit grounds for occupational discipline—Act, s 55 (1) (a)  102

Part 2.7A  Works assessor licence demerit grounds for occupational discipline—Act, s 55 (1) (a)  104

Part 2.8    All licences demerit grounds for occupational discipline—Act, s 55 (1) (a)     105

Schedule 3 Licence demerit grounds for occupational discipline under Act, s 55 (1) (other than par (a))  107

Schedule 4 Reviewable decisions  108

Dictionary111

Endnotes

1            About the endnotes  114

2            Abbreviation key  114

3            Legislation history  115

4            Amendment history  122

5            Earlier republications  130

6            Expired transitional or validating provisions  134

Construction Occupations (Licensing) Regulation 2004

made under the

Construction Occupations (Licensing) Act 2004

Part 1Preliminary

1. Name of regulation

   This regulation is the Construction Occupations (Licensing) Regulation 2004.

2. Dictionary

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

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

   For example, the signpost definition ‘specialist building work—see the Building Act 2004, section 9.’ means that the term ‘specialist building work’ is defined in that section and the definition applies to this regulation.

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

3. Notes

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

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

4. Offences against regulation—application of Criminal Code etc

   Other legislation applies in relation to offences against this regulation.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this regulation (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 1AWork in construction occupation

4AConstruction occupation of builder—excluded work—Act, s 6 (3) (b)

(1)A building exempted by the Minister under the Building (General) Regulation 2008, section 7 is excluded work from the construction occupation of a builder for the stated period mentioned in the exemption, subject to any condition mentioned in the exemption.

(2)A building or building work mentioned in the Building (General) Regulation 2008, schedule 1, part 1.2 is excluded work from the construction occupation of a builder, subject to any condition mentioned in that part, column 3.

(3)A building or building work mentioned in the Building (General) Regulation 2008, schedule 1, part 1.3 is excluded work from the construction occupation of a builder, subject to any condition mentioned in that part, column 4.

4BConstruction occupation of gasfitter—excluded work—Act, s 6 (3) (b)

(1)Medical gasfitting work for a medical gas system used, or for use, only in the practice of veterinary science is excluded work from the construction occupation of gasfitter.

(2)Medical gas technician work for a medical gas system used, or for use, only in the practice of veterinary science is excluded work from the construction occupation of gasfitter.

(3)In this section:

veterinary science—see the Veterinary Practice Act 2018, section 8.

Part 2Licences

1. Licence applications—Act, s 17 (3)

   A licence application must contain the following information:

   (a)the applicant’s name;

   (b)the construction occupation and class of construction occupation the application relates to;

   (c)any endorsement being applied for;

   (d)if the applicant is an individual—

   (i)the applicant’s date of birth; and

   (ii)the applicant’s home address; and

   (iii)if the applicant is applying for a principal building surveyor employee or general building surveyor employee licence—the name of the applicant’s employer or proposed employer; and

   (iv)the applicant’s mobile telephone number;

   (e)if the applicant is a partnership—

   (i)evidence of the existence of the partnership; and

   (ii)the name of each partner; and

   (iii)if a partner is a corporation—the partner’s ACN (if any); and

   (iv)the following for each of the applicant’s nominees:

   (A)the nominee’s name, business address, email address and mobile telephone number;

   (B)the nominee’s landline telephone number and fax number (if any);

   (f)if the applicant is a corporation—

   (i)its ACN (if any); and

   (ii)the following for each of the applicant’s nominees:

   (A)the nominee’s name, business address, email address and mobile telephone number;

   (B)the nominee’s landline telephone number and fax number (if any); and

   (iii)if the history of the corporation is on a database kept by the Australian Securities and Investments Commission—an extract about the history of the corporation from the database;

   (g)the applicant’s—

   (i)business telephone number and email address; and

   (ii)fax number (if any);

   (h)if the application is for a licence as—

   (i)a building assessor—the name of the insurer who will provide the insurance mentioned in section 16B (Eligibility to be building assessor); or

   (ii)a building surveyor—the name of the insurer who will provide the insurance mentioned in section 17 (Eligibility to be building surveyor); or

   (iii)a plumbing plan certifier—the name of the insurer who will provide the insurance mentioned in section 18 (Eligibility to be plumbing plan certifier); or

   (iv)a works assessor—the name of the insurer who will provide the insurance mentioned in section 18A (Eligibility to be works assessor);

   (i)evidence that the applicant is eligible to be licensed in the construction occupation or class of construction occupation applied for;

   (j)if an endorsement is being applied for—evidence that the applicant is capable of providing each construction service allowed to be provided under the endorsement;

   (k)whether the applicant has been licensed before and, if so, details of each previous licence;

   (l)whether the applicant has been convicted or found guilty of any offence involving fraud, dishonesty or violence, punishable by imprisonment for 1 year or more and, if so, details of each conviction or finding.

   NoteUnder the Spent Convictions Act 2000, an applicant need not include in an application certain spent convictions or extinguished convictions (see that Act, s 16 (c) (i) and s 19H (1) (c) (i)).

2. Information required on licence—Act, s 23 (2)

   (1)In addition to the information required by the Act, section 23 (2), the following information must be included on a licence:

   (a)any endorsement relating to the licence;

   (b)the period for which the licence is issued in relation to each construction occupation and class of construction occupation;

   (c)if the licensee is a partnership—

   (i)the name of each partner; and

   (ii)if a partner is a corporation—the partner’s ACN (if any);

   (d)if the licensee is a corporation—its ACN (if any);

   (e)whether the licence is subject to conditions and, if it is, which construction occupation or class of construction occupation the conditions apply to.

   (2)A licence condition may, but need not, be included on the licence.

3. Term of licences generally—Act, s 24

   (1)The maximum period for which a licence in the following construction occupations may be issued or renewed is 3 years:

   (a)builder;

   (b)electrician;

   (c)plumber;

   (d)drainer;

   (e)gasfitter;

   (f)gas appliance worker.

   (2)However, an applicant for the issue or renewal of the licence may apply for a 1-year licence and, if the applicant does apply, the maximum period for which the licence may be issued or renewed is 1 year.

4. Term of licence for building assessors, building surveyors, plumbing plan certifiers and works assessors—Act, s 24

   (1)This section applies to a licence in the construction occupation of the following:

   (a)building assessor;

   (b)building surveyor;

   (c)plumbing plan certifier;

   (d)works assessor.

   (2)The maximum period for which a licence may be issued or renewed is 1 year.

   (3)However, if the applicant for the issue or renewal of the licence has insurance required under this regulation for a period of less than 1 year, the maximum period for which the licence may be issued or renewed is the period for which the applicant has insurance.

Part 3Register

1. Particulars in register

   (1)The register must contain the following particulars in relation to a licensee:

   (a)the details included in the licensee’s licence;

   (b)the licensee’s—

   (i)business telephone number and email address; and

   (ii)fax number (if any);

   (c)if the licensee is—

   (i)a building assessor—the name of the insurer who provides the insurance mentioned in section 16B (Eligibility to be building assessor); or

   (ii)a building surveyor—the name of the insurer who provides the insurance mentioned in section 17 (Eligibility to be building surveyor); or

   (iii)a plumbing plan certifier—the name of the insurer who provides the insurance mentioned in section 18 (Eligibility to be plumbing plan certifier); or

   (iv)a works assessor—the name of the insurer who provides the insurance mentioned in section 18A (Eligibility to be works assessor);

   (d)if the licensee is an individual—the licensee’s mobile telephone number;

   (e)if the licensee is a corporation or partnership—

   (i)the name, business address, email address and mobile telephone number of each of the licensee’s nominees; and

   (ii)the landline telephone number and fax number (if any) of each of the licensee’s nominees;

   (f)if the licensee’s licence is suspended—details of the suspension;

   (g)if the licensee has ever had a licence suspended—details of the suspension, if available;

   (h)details of any suspension of the licence, whether or not the suspension has ended, if available;

   (i)details of any occupational discipline taken in relation to the licensee, if available;

   (j)whether any occupational discipline is being taken in relation to the licensee.

   (2)The registrar may enter in the register any other details the registrar considers appropriate, including information about former licensees.

2. Keeping register

   The registrar may—

   (a)correct a mistake, error or omission in the register; or

   (b)correct or omit an entry that has become inaccurate.

Part 4General eligibility requirements

Division 4.1               Eligibility to be licensed

1. Not eligible because of suspension

   An entity is not eligible to be licensed in a construction occupation or class of construction occupation if—

   (a)the entity is licensed in another occupation or class of occupation; and

   (b)the licence is suspended; and

   (c)the registrar is satisfied that, because of the grounds for the suspension, it is not appropriate for the entity to be licensed in the occupation or class of occupation.

   NoteA suspended licence may be renewed (see Act, s 25 (4)).

11ANot eligible because of criminal activity

If a person’s licence is cancelled by a cancellation order made under the Act, part 5A, the person is not eligible to be licensed for a period of 5 years after the order was made unless the order is sooner revoked under the Act, section 68.

1. Individuals not eligible

   An individual is not eligible to be licensed if—

   (a)the application is for a licence that would allow the applicant to provide a construction service without supervision; and

   (b)the individual has been found guilty of an offence—

   (i)that involves fraud or dishonesty; and

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

2. Eligibility for licence—suitability and financial requirements—Act, s 18 and s 24A

   (1)The Minister may declare the qualifications and financial requirements necessary for an entity to be eligible to be licensed in a construction occupation or occupation class.

   Examples—qualifications

   1     a formal academic qualification

   2     a stated period or type of experience

   3     that the applicant has not been refused a licence under the Act within a stated period

   (2)An entity is eligible to be licensed in a construction occupation or occupation class if—

   (a)the entity has a qualification declared by the Minister under subsection (1); and

   (b)the entity has the skills and knowledge reasonably necessary to satisfactorily exercise the functions of the construction occupation or occupation class; and

   (c)the entity satisfies the financial requirements declared by the Minister under subsection (1).

   (3)Also, an entity is eligible to be licensed in a construction occupation or occupation class if—

   (a)the entity does not have a qualification declared by the Minister under subsection (1); but

   (b)the entity has the skills and knowledge reasonably necessary to satisfactorily exercise the functions of the construction occupation or occupation class; and

   (c)the entity satisfies the financial requirements declared by the Minister under subsection (1).

   (4)A declaration is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

3. Skill assessment of individuals

   (1)This section applies if—

   (a)the registrar is not satisfied that an applicant has a qualification required to be eligible for the licence or endorsement applied for; or

   (b)the registrar—

   (i)is satisfied that an applicant has a qualification required to be eligible for the licence or endorsement applied for; and

   (ii)is not satisfied on reasonable grounds that the applicant has a skill reasonably necessary to satisfactorily exercise the functions of a construction occupation or class of construction occupation under the licence or endorsement applied for; or

   (c)the registrar requires an applicant to undertake an assessment under section 18B.

   (2)The registrar may require the applicant to undertake an assessment to find out whether the applicant has the skills and knowledge reasonably necessary to satisfactorily exercise the functions of a construction occupation or class of construction occupation under the licence or endorsement applied for.

   (3)An assessment may consist of 1 or more of the following:

   (a)an assessment by a person who the registrar is satisfied is competent to make the assessment;

   (b)an examination, which may have practical, written and oral aspects, by a registered training organisation that the registrar is satisfied is competent to set and assess the examination;

   (c)an examination of a record of the applicant’s experience provided by the applicant;

   (d)the undertaking of a test, or a series of tests, approved by the registrar.

   (4)The applicant must pay to the Territory the reasonable costs incurred by the Territory in arranging or carrying out an assessment.

   (5)An applicant is not eligible to be licensed, or to have a licence endorsed, if the applicant has not complied with subsection (4).

   (6)In this section:

   registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

14ANotice of skill assessment

(1)This section applies if the registrar requires an applicant for a licence or renewal of a licence to undertake an assessment under section 14.

(2)The registrar must give a notice (an assessment notice) to the applicant about the assessment.

(3)An assessment notice must be given to the applicant—

(a)in the case of a licence renewal—within a reasonable time, but not less than 28 days, before the licence term ends; or

(b)in any other case—within a reasonable time before the assessment is required to be completed.

(4)An assessment notice must include—

(a)the reason the assessment is required; and

(b)a statement that the assessment will be used by the registrar to determine whether the applicant has the skills and knowledge reasonably necessary to satisfactorily exercise the functions of a construction occupation or occupation class under the licence applied for; and

(c)information about the assessment, including how and where the assessment will be conducted; and

(d)the latest date by which the applicant must complete the assessment; and

(e)if the applicant is to be given the written results of the assessment by the person conducting the assessment (if the person is not the registrar)—the latest date by which the applicant must give the results to the registrar; and

(f)a statement that the applicant may make written representations to the registrar about 1 or more of the following not later than 5 business days after the day the notice is given to the applicant:

(i)the latest date by which the applicant must complete the assessment stated in the notice;

(ii)the latest date by which the applicant must give the results to the registrar if the applicant is to be given the written results of the assessment by the person conducting the assessment (if the person is not the registrar).

(5)In this section:

applicant, in relation to a licence renewal, means the licensee even if the licensee has not yet applied for renewal of the licence under the Act, section 25.

1. Corporations and partnerships eligible for some occupations

   (1)A corporation or partnership is eligible to be licensed only in the following construction occupations or occupation classes:

   (a)builder;

   (b)building surveyor;

   (c)drainer;

   (d)electrician, electrical contractor class;

   (e)gasfitter;

   (f)plumber;

   (g)plumbing plan certifier;

   (h)works assessor.

   (2)Also, a corporation or partnership is eligible to be licensed in a construction occupation or occupation class only if the corporation or partnership has a nominee who is licensed in the occupation or class.

   (3)However, a partnership is not eligible to be licensed in a construction occupation or occupation class if a partner has been found guilty, whether in the ACT or anywhere else, of an offence involving fraud, dishonesty or violence punishable by imprisonment for at least 1 year.

2. Eligibility to be owner-builder

   (1)An individual is eligible to be an owner-builder only if—

   (a)the individual owns the land where the building work allowed under the owner-builders licence is proposed to be undertaken; and

   (b)the building work has building approval under the Building Act 2004; and

   (c)the individual has not been issued with an owner-builders licence in relation to other land (a previous licence) in the 5 years before applying for the owner-builders licence (the current licence).

   (2)Despite section (1) (c), an individual issued with a previous licence in the 5 years before applying for the current licence is eligible to be an owner-builder if the individual no longer holds the previous licence and—

   (a)if—

   (i)the work allowed under the previous licence related to affected residential premises or a class 10 building associated with those premises; and

   (ii)the affected residential premises were acquired by the Territory from the individual under the buyback scheme for residential premises and were included in the affected residential premises register; or

   (b)if—

   (i)the work allowed under the previous licence related to a building that is or was an eligible impacted property or a  class 10 building associated with that property; and

   (ii)the eligible impacted property was acquired by the Territory from the individual under the eligible impacted property buyback program.

   (3)In this section:

   affected residential premises—see the Civil Law (Sale of Residential Property) Act 2003, section 9A (3).

   affected residential premises register—see the Dangerous Substances Act 2004, section 47P (1).

   buyback scheme, for affected residential premises—see the Dangerous Substances Act 2004, section 47I.

   class, of building—see the Building Act 2004, dictionary.

   NoteA class 10 building or structure is a non-habitable building or structure (see building code).

   eligible impacted property—see the Civil Law (Sale of Residential Property) Act 2003, section 9A (1).

   eligible impacted property buyback program—see the Civil Law (Sale of Residential Property) Act 2003, section 9A (1).

16BEligibility to be building assessor

(1)An applicant for a licence as a building assessor is eligible for the licence only if the applicant satisfies the registrar that—

(a)the applicant is adequately insured; and

(b)if the class of licence applied for must be endorsed to authorise the licensee to operate stated software—the applicant can competently operate the software.

NoteThe registrar may determine software that a class of building assessor’s licence must be endorsed to authorise the licensee to operate (see s 31A).

(2)An applicant is adequately insured if the applicant has professional indemnity insurance that provides—

(a)indemnity against claims for breach of professional duty as a building assessor; and

(b)a minimum limit of indemnity of $1 000 000 for a single claim.

1. Eligibility to be building surveyor

   (1)An applicant for a licence as a building surveyor is eligible for the licence only if the applicant satisfies the registrar that—

   (a)the applicant has successfully undertaken asbestos management training that has been approved by the registrar under subsection (2); and

   (b)the applicant is adequately insured.

   (2)The registrar may approve asbestos management training for subsection (1) (a) if the registrar considers that successful undertaking of the training will give an applicant for a licence as a building surveyor adequate knowledge of the requirements to deal appropriately with asbestos.

   (3)Subsection (1) (b) does not apply to an application for a licence as principal government building surveyor or government building surveyor.

   (4)An applicant is adequately insured if the applicant has professional indemnity insurance that provides—

   (a)indemnity against claims for breach of professional duty as a building surveyor; and

   (b)a minimum limit of indemnity of $1 000 000 for a single claim; and

   (c)a minimum limit of indemnity of $1 000 000 for the total of all claims made against the applicant during the period of cover; and

   (d)in addition to the indemnities mentioned in paragraphs (b) and (c), a minimum limit of indemnity for the costs and expenses of defending or settling a claim of 20% of the limit of indemnity for the claim.

   (5)For subsection (4), an applicant is taken to have professional indemnity insurance if the applicant is an applicant for a principal building surveyor employee licence, or general building surveyor employee licence, and the applicant’s employer has the insurance.

   (6)In subsection (4) (d):

   costs and expenses means costs and expenses incurred with the insurer’s consent.

   (7)An approval under subsection (2) is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

2. Eligibility to be plumbing plan certifier

   (1)An applicant for a licence as a plumbing plan certifier is eligible for the licence only if the applicant satisfies the registrar that the applicant is adequately insured.

   (2)An applicant is adequately insured to be a plumbing plan certifier if the applicant has professional indemnity insurance that provides—

   (a)indemnity against claims for breach of professional duty as a plumbing plan certifier; and

   (b)a minimum limit of liability of $1 000 000 for each period of insurance.

18AEligibility to be works assessor

(1)An applicant for a licence to be a works assessor is eligible for the licence only if the applicant satisfies the registrar that the applicant is adequately insured.

(2)An applicant is adequately insured if the applicant has professional indemnity insurance that provides—

(a)indemnity against claims for breach of professional duty as a works assessor; and

(b)a minimum limit of indemnity of $1 000 000 for a single claim; and

(c)a minimum limit of indemnity of $1 000 000 for the total of all claims made against the applicant during the period of cover; and

(d)in addition to the indemnities mentioned in paragraphs (b) and (c), a minimum limit of indemnity for the costs and expenses of defending or settling a claim of 20% of the limit of indemnity for the claim.

(3)In subsection (2) (d):

costs and expenses means costs and expenses incurred with the insurer’s consent.

Division 4.1A            Licence renewal

18BRequirement to undertake assessment

(1)The registrar may require a licensee to undertake an assessment to determine the licensee’s eligibility for renewal of the licence if any of the following apply:

(a)during the term of the licensee’s current licence, the registrar has made, or given notice of intention to make, a rectification order in relation to—

(i)the licensee; or

(ii)if the licensee is or was the nominee of a licensed corporation or partnership—the corporation or partnership;

(b)in the 12 months prior to the expiry of the licence, the registrar formed a belief on reasonable grounds that a ground for occupational discipline exists in relation to—

(i)the licensee; or

(ii)if the licensee is or was the nominee of a licensed corporation or partnership—the corporation or partnership;

(c)in the 12 months prior to the expiry of the licence, the registrar formed a belief on reasonable grounds that the licensee may not have the skills or knowledge reasonably necessary to satisfactorily exercise the functions of the construction occupation or occupation class under the licence;

(d)in the period starting 3 years before the expiry of the licence and ending 3 months before the expiry of the licence—

(i)if the licensee is licensed—

(A)in a builder occupation class—the licensee has not been issued a commencement notice for building work in a builder occupation class; or

(B)in any other occupation class—the licensee has not provided any construction service under the licence; or

(ii)if the licensee is a nominee for a licensed corporation or partnership—the licensee has not undertaken work as the nominee for the corporation or partnership;

(e)the registrar otherwise requires the licensee to undertake the assessment to determine the licensee’s eligibility to hold the licence.

(2)However, a licensee is not required to undertake an assessment under this section if, in the 2 years prior to the expiry of the licence—

(a)the licensee has undertaken—

(i)an assessment as required by the registrar under the Act, section 55A; or

(ii)a course of training under the Act that includes an assessment; and

(b)the assessment under the Act, section 55A is the same or substantially the same as the assessment of eligibility under subsection (1).

(3)Also, the registrar must not require a licensee to undertake an assessment under subsection (1) (e) if—

(a)subsection (1) (a) to (d) do not apply; and

(b)the licensee was required by the registrar to undertake an assessment under section 14 (Skill assessment of individuals) or this section before the registrar issued the current licence to the licensee; and

(c)it is not a condition of the licensee’s current licence that the licensee undertake an assessment before applying for renewal of the licence.

(4)In this section:

commencement notice means a building commencement notice issued under the Building Act 2004, section 37.

Division 4.2               Nominees

1. Eligibility to be nominee—Act, s 28 (6)

   An individual is eligible to be a nominee of a corporation or partnership if—

   (a)for a corporation—the individual is a director or employee of the corporation; and

   (b)for a partnership—the individual—

   (i)is a partner; or

   (ii)is the nominee of a corporation that is a partner in the partnership; and

   (c)the individual is licensed in a construction occupation that the corporation or partnership is licensed in or applying to be licensed in; and

   (d)the individual is otherwise able to exercise the functions of a nominee on a daily basis; and

   Examples

   1The individual is not able to exercise the functions of a nominee on a daily basis if the licensee is the nominee for another corporation that has no other nominees and is doing a lot of construction work.

   2The individual is reasonably able exercise the functions of a nominee if the nominee is available to attend locations where the construction services the nominee will be responsible for supervising are being carried out.

   (e)for a construction occupation divided into classes—either—

   (i)the individual is licensed in the same class as, or a class that allows the exercising of the same functions as, the class the corporation or partnership is licensed in or applying to be licensed in; or

   (ii)the corporation or partnership has a nominee mentioned in subparagraph (i); and

   (f)the individual’s licence is not subject to 1 or more of the following conditions (however described):

   (i)that the individual must not be a nominee for a stated period, and the period in question is within the stated period;

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

   (iii)that the individual must be supervised by someone else.

   NoteFor functions of nominees, see the Act, s 31.

Part 5Licence conditions and endorsements

Division 5.1               Licence conditions on licences

1. Prescribed licence conditions—Act, s 21 (1)

   The conditions a licence is subject to include the applicable requirements in this division.

   NoteThe registrar may also impose conditions on a licence (see Act, s 21 (2)).

2. Change of register information

   (1)The licensee must tell the registrar in writing of any change in a detail relating to the licensee that is recorded in the register.

   (2)The notice must be given within 2 weeks after—

   (a)the day of the change to which it relates happened; or

   (b)the day the licensee became aware of the change.

21AComply with code of practice

(1)This section applies to a licensee if a code of practice applies to the licensee’s construction occupation or class of construction occupation, or to a construction service undertaken by the licensee.

(2)The licensee must comply with the code of practice, including by using any form of report, certificate or other document (if any) required by the code of practice.

(3)In this section:

code of practice means a code of practice under this Act or an operational Act.

1. Corporate licences

   (1)This section applies if the licensee is a corporation.

   (2)The licensee must tell the registrar in writing if a person becomes or stops being a director or a nominee (other than the sole nominee of the corporation for a construction service, construction occupation or occupation class).

   (3)The notice must be given to the registrar within 1 business day after the day the person becomes or stops being a director or nominee.

2. Partnership licences

   (1)This section applies if the licensee is a partnership.

   (2)The partnership must tell the registrar in writing if a person becomes or stops being a partner or a nominee (other than the sole nominee of the partnership for a construction service, construction occupation or occupation class).

   (3)The notice must be given to the registrar within 1 business day after the day the person becomes or stops being a partner or nominee.

3. Individual licences

   (1)This section applies if the licensee is an individual.

   (2)The individual may provide construction services only as a nominee or employee of a licensed entity if—

   (a)the individual becomes bankrupt or personally insolvent; and

   (b)the individual is a nominee or employee of a licensed entity.

4. Operative drainers

   A licensee in the operative drainer class of the construction occupation drainer may only provide a construction service in that occupation class as an employee.

5. Journeyperson gasfitters

   A licensee in the journeyperson gasfitter class in the construction occupation gasfitter may only provide a construction service in that occupation class as an employee.

26AMedical gas technicians must not commission or test etc own medical gasfitting work

(1)This section applies if a licensee undertakes medical gasfitting work for a medical gas system (the initial work).

(2)The individual who undertook the initial work under the licence must not undertake medical gas technician work in relation to the initial work.

1. Journeyperson plumbers

   A licensee in the journeyperson plumber class in the construction occupation of plumber may only provide a construction service in that occupation class as an employee.

2. Certain building surveyors

   (1)This section applies to licensees in the following classes in the construction occupation of building surveyor:

   (a)principal building surveyor employee;

   (b)general building surveyor employee.

   (2)The licensee may only provide a construction service in that occupation class as an employee of a licensee who—

   (a)is licensed as—

   (i)a principal building surveyor; or

   (ii)a general building surveyor; and

   (b)holds insurance of a kind mentioned in section 17 in relation to the employee.

Division 5.2               Endorsements on licences

1. Endorsing builders licences for building work—Act, s 22

   (1)The registrar may, on application, endorse a builders licence to authorise the licensee to do any building work, including specialist building work, if satisfied that the licensee can competently do the work.

   NoteIf deciding whether to endorse a licence under this section, the registrar must consider the considerations in s 32.

   (2)The endorsement may be subject to any condition the registrar is satisfied protects the public.

2. Endorsing plumbers licences for backflow prevention device test work—Act, s 22

   (1)The registrar may, on application, endorse a plumbers licence to authorise the licensee to do backflow prevention device test work if satisfied that the licensee can competently do the work.

   NoteIf deciding whether to endorse a licence under this section, the registrar must consider the considerations in s 32.

   (2)In this section:

   backflow prevention device test work means—

   (a)work in accordance with Australian Standard 2845.3, Water Supply—Backflow prevention devices—Field testing and maintenance, to test, or supervise the testing of, a backflow prevention device that forms part of a water service, hot-water system, irrigation system or fire sprinkler system; or

   (b)the production of a report about a test under paragraph (a).

31AEndorsing building assessors licences for use of software—Act, s 22

(1)The registrar may, on application, endorse a building assessor’s licence to authorise the licensee to operate stated software if satisfied that the licensee can competently operate the software.

NoteIf deciding whether to endorse a licence under this section, the registrar must consider the considerations in s 32.

(2)The registrar may determine—

(a)that a class of building assessor’s licence must be endorsed to authorise a licensee to operate software; and

(b)the software that the class of licence must be endorsed to authorise a licensee to operate.

(3)A determination is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

31BEndorsing licences for gas appliance work—Act, s 22

(1)This section applies to—

(a)an advanced gasfitters licence; and

(b)a general gasfitters licence.

(2)The registrar may, on application, endorse the licence to authorise the licensee to do type B gas flue work, if satisfied that the licensee is competent to do the work.

NoteIn deciding whether to endorse a licence under this section, the registrar must consider the considerations in s 32.

(3)In this section:

type B gas flue work means work on the flue of a type B gas appliance, including the connection of the flue to, and disconnection of the flue from, the appliance.

31CEndorsing electricians licences for work on interval meters—Act, s 22

(1)The registrar may, on application, endorse an electrical contractor licence or an unrestricted electrician licence to authorise the licensee to do, or to supervise, interval metering work if satisfied that the licensee is competent to do, or to supervise, the work.

Note 1A metering provider operating in the National Energy Market must be registered with the Australian Energy Market Operator to provide, install, and maintain a metering installation (see National Electricity Rules, ch 7 (Metering)).

Note 2In deciding whether to endorse a licence under this section, the registrar must consider the considerations in s 32.

(2)The endorsement may be subject to any condition the registrar is satisfied protects the public.

(3)For this regulation, interval metering work means the following:

(a)electrical wiring work on an interval meter;

(b)removing a type 5, type 6, or type 7 meter to replace it with an interval meter.

(4)In this section:

interval meter means a type 1, type 2, type 3, or type 4 metering installation that meets the requirements described in the National Electricity Rules, chapter 7, schedule 7.2 (Types and Accuracy of Metering Installations) for the type of meter.

metering installation—see the National Electricity Rules, chapter 10 (Glossary).

national electricity rules means the National Electricity Rules made under the National Electricity (ACT) Law.

type 5, type 6, or type 7 meter means a type 5, type 6, or type 7 metering installation that meets the requirements described in the National Electricity Rules, chapter 7, schedule 7.2 (Types and Accuracy of Metering Installations) for the type of meter.

31DEndorsing electricians licences for work on distributed energy resources—Act, s 22

(1)The registrar may, on application, endorse an electrical contractor licence or an unrestricted electrician licence to authorise the licensee to do, or to supervise, distributed energy resource work if satisfied that the licensee is competent to do, or to supervise, the work.

NoteIn deciding whether to endorse a licence under this section, the registrar must consider the considerations in s 32.

(2)The endorsement may be subject to any condition the registrar is satisfied protects the public.

(3)The Minister may declare a thing to be a distributed energy resource.

(4)A declaration is a disallowable instrument.

(5)For this regulation, distributed energy resource work means electrical wiring work on a distributed energy resource declared under subsection (3).

1. Considerations for endorsing licences

   (1)In deciding whether to endorse an individual’s licence under this division, the registrar must consider the following:

   (a)the individual’s physical ability or skill;

   (b)the individual’s qualifications, training and knowledge;

   (c)the extent, quality and relevance of the individual’s experience, and how recent that experience is, in doing similar work to, or work that is equally complex as, the work to be allowed by the proposed endorsement;

   (d)whether any occupational discipline has ever been taken in relation to the individual;

   (e)whether the individual has incurred any demerit points that have not been deleted from the register.

   (2)In deciding whether to endorse the licence of a corporation or partnership, the registrar must consider the following:

   (a)whether any occupational discipline has ever been taken in relation to the entity;

   (b)whether the entity has incurred any demerit points that have not been deleted from the register.

   (3)However, the registrar may endorse the licence of the corporation or partnership only if nominees of the entity have licences that are endorsed in the way applied for.

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

Division 5.3               Returning and replacing licences and unlicensed services

32AReturn of licence

(1)This section applies if the registrar decides to—

(a)amend a condition on a licence; or

(b)endorse a licence.

(2)The registrar may require a licensee to return the licence to the registrar in relation to the amendment or endorsement.

NoteThe registrar may, but need not, include a condition on a licence (see s 6 (2)).

(3)If the registrar requires the licensee to return the licence—

(a)the licensee must return the licence; and

(b)the registrar must return the licence to the licensee as soon as the licence is amended (whether by including the condition on the licence or otherwise) or endorsed, unless the licence is suspended or cancelled.

(4)A licensee commits an offence if the licensee fails to return a licence under subsection (3) (a).

Maximum penalty: 5 penalty units.

(5)An offence against subsection (4) is a strict liability offence.

1. Replacement licences

   The registrar may, on application, issue a replacement licence to a licensee if satisfied that the licence previously issued has been lost, stolen, damaged or destroyed.

   Note 1A fee may be determined under the Act, s 127 for this provision.

   Note 2If a form is approved under the Act, s 128 for this provision, the form must be used.

2. Services that may be provided without licence

   (1)The following construction services may be provided by an individual without a licence if done under the supervision of a licensed individual, or the nominee of a licensed corporation or partnership, authorised by the licence to provide the service:

   (a)building services;

   (b)if the individual providing the service is a trainee—

   (i)electrical wiring services; or

   (ii)gasfitting services; or

   (iii)plumbing services; or

   (iv)sanitary drainage services.

   (2)Also, subsection (1) (b) applies only if—

   (a)there is a training arrangement (however described) between the trainee’s relevant person and the trainee; and

   Example—training arrangement

   an approved training contract under the Training and Tertiary Education Act 2003

   (b)the construction service provided by the trainee is covered by the training arrangement; and

   (c)the trainee’s relevant person gives the registrar the following information:

   (i)if the relevant person is the trainee’s employer who is an individual—

   (A)the employer’s name, business address and email address; and

   (B)the employer’s landline telephone number or mobile telephone number; and

   (C)the employer’s fax number (if any);

   (ii)if the relevant person is the trainee’s employer who is not an individual—

   (A)the name of the employer and the trainee’s manager; and

   (B)the business address and email address of the employer and manager; and

   (C)the landline telephone number or mobile telephone number of the employer and manager; and

   (D)the fax number (if any) of the employer and manager;

   (iii)if the relevant person is the provider of the VET course that the trainee is undertaking—

   (A)the provider’s name, business address and email address; and

   (B)the name of the person nominated by the provider for the trainee (the nominated person); and

   (C)the nominated person’s email address; and

   (D)the nominated person’s landline telephone number or mobile telephone number;

   (iv)the trainee’s name and date of birth;

   (v)the name of the VET course that the trainee is undertaking and its unique identifying number (however described);

   (vi)when the training arrangement begins and ends.

   NoteIf a form is approved under the Act, s 128 for this provision, the form must be used.

   (3)In this section:

   building service—see the Act, section 8 (2).

   electrical wiring service—see the Act, section 11 (2).

   gasfitting service—see the Act, section 12 (2).

   plumbing service—see the Act, section 13 (2).

   relevant person, of a trainee, means—

   (a)the trainee’s employer; or

   (b)if the trainee does not have an employer—the provider of the VET course that the trainee is undertaking.

   sanitary draining service—see the Act, section 10 (2).

   trainee, for a service, means an individual who—

   (a)provides the service to gain experience in providing the service and training from the person supervising the provision of the service; and

   (b)is undertaking a VET course that provides instruction in relation to providing the service.

   VET course—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

Part 6Construction occupation classes

1. Classes of licence generally

   A licence for a class authorises the licensee to provide each service in schedule 1, column 3 for the class in the circumstances (if any) stated in the column for the item.

2. Classes of builder

   The construction occupation of builder is divided into the classes in schedule 1, part 1.3, column 2.

37BClasses of building assessor

The construction occupation of building assessor is divided into the classes in schedule 1, part 1.3A, column 2.

1. Classes of building surveyor

   The construction occupation of building surveyor is divided into the classes in schedule 1, part 1.4, column 2.

2. Classes of drainer

   The construction occupation of drainer is divided into the classes in schedule 1, part 1.5, column 2.

3. Classes of electrician

   The construction occupation of electrician is divided into the classes in schedule 1, part 1.6, column 2.

4. Classes of gasfitters

   The construction occupation of gasfitter is divided into the classes in schedule 1, part 1.7, column 2.

41AClasses of gas appliance worker

The construction occupation of gas appliance worker is divided into the classes in schedule 1, part 1.7A, column 2.

1. Classes of plumber

   The construction occupation of plumber is divided into the classes in schedule 1, part 1.8, column 2.

Part 6ANotification and review of decisions

42AReviewable decisions—Act, s 123A, def reviewable decision

A decision mentioned in schedule 4, column 3, under a provision mentioned in column 2 in relation to the decision is prescribed.

42BRight of review and notice—Act, s 123B and s 123C (a)

An entity mentioned in schedule 4, column 4 is prescribed.

Part 7Miscellaneous

1. Short descriptions and demerit points

   (1)The short description for a demerit ground for occupational discipline that is a contravention of the Act or an operational Act mentioned in schedule 2, column 2 is the description mentioned in the item, column 3.

   (2)The short description for a demerit ground for occupational discipline under the Act, section 55 (1) (other than paragraph (a)) that is mentioned in schedule 3, column 2 is the description mentioned in the item, column 3.

   (3)The number of demerit points mentioned in schedule 2, column 4 or schedule 3, column 4 is prescribed for the demerit ground for occupational discipline mentioned in the item, column 2.

   (4)For a demerit ground for occupational discipline that is not mentioned in subsection (3), the demerit points for the ground is one.

2. Information in report to Minister—Act, s 112

   (1)The registrar’s report to the Minister about complaints for a financial year must include the following information:

   (a)the total number of complaints made in the year;

   (b)the number of complaints made about former licensees;

   (c)the number of complaints made about current licensees;

   (d)a description of the kinds of complaints made about licensees and former licensees in each construction occupation.

   (2)The registrar’s report to the Minister about occupational discipline for a financial year must include the following information:

   (a)the name of each licensee or former licensee against whom occupational discipline was taken during the financial year;

   (b)for each licensee or former licensee mentioned in paragraph (a)—

   (i)the contravention; and

   (ii)the construction occupation or class of construction occupation in which the licensee or former licensee was licensed when the contravention happened; and

   (iii)the occupational discipline taken; and

   (iv)the result of any review of the decision to take occupational discipline.

   (3)In this section:

   contravention, in relation to a licensee or former licensee, means what the licensee or former licensee did that caused occupational discipline to be taken.

3. Requirements for notices requesting skill assessment of licensees—Act, s 55A

   The notice must state—

   (a)the reasons for requiring the assessment; and

   (b)the consequences under the Act of failing to complete the assessment; and

   (c)information about the assessment, including who must conduct the assessment; and

   (d)the latest date by which the licensee must complete the assessment that the registrar considers on reasonable grounds is reasonable; and

   (e)if the licensee is to be given the written results of the assessment by the person conducting the assessment—the latest date by which the licensee must give the results to the registrar; and

   (f)that the licensee may make written representations to the registrar about 1 or more of the following not later than 5 business days after the day the notice is given to the licensee:

   (i)the registrar’s reasons for requiring the assessment;

   (ii)the proposed assessment;

   (iii)the latest date by which the licensee must complete the assessment stated in the notice;

   (iv)the latest date by which the licensee must give the results to the registrar if the licensee is to be given the written results of the assessment by the person conducting the assessment.

45AApplying, adopting or incorporating documents in statutory instruments

(1)A statutory instrument made under this regulation may apply, adopt or incorporate (with or without change or modification)—

(a)a law, an Australian Standard or an Australian/New Zealand Standard as in force from time to time; or

(b)another instrument as in force from time to time.

(2)The Legislation Act, section 47 (5) and (6) do not apply to a document applied, adopted or incorporated under subsection (1) or under the Legislation Act, section 47 (3).

NoteThe document does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).

(3)The director-general must ensure that an instrument applied, adopted or incorporated under subsection (1) (b) is—

(a)available for inspection by anyone without charge during ordinary business hours at an ACT government office; or

(b)accessible on an ACT government website, or by a link on an ACT government website.

(4)An instrument applied, adopted or incorporated under subsection (1) (b) is not enforceable by or against the Territory or anyone else unless it is made available in accordance with subsection (3).

Part 8Transitional

1. Meaning of repealed Act for pt 8

   In this part:

   repealed Act means the Construction Practitioners Registration Act 1998 (repealed).

2. Meaning of licence for s 9 (1) (h)

   In section 9 (1) (h):

   licence includes—

   (a)registration under the repealed Act; and

   (b)a licence, permit or registration under an operational Act as in force immediately before commencement day; and

   (c)a licence or certificate of competency under the Plumbers, Drainers and Gasfitters Board Act 1982 (repealed).

3. Meaning of licensee and occupational discipline—s 9 (1) (i)

   In section 9 (1) (i):

   licensee includes a person registered under the repealed Act.

   occupational discipline is taken to include action taken under the repealed Act, section 22 (6) (Procedure).

4. Meaning of owner-builders licence for s 16

   In section 16:

   owner-builders licence includes an owner-builder’s licence granted under the Building Act 1972 before the commencement of the Act, section 6 (What is a construction practitioner?).

5. Meaning of licence for s 34

   In section 34:

   licence includes—

   (a)registration under the repealed Act; and

   (b)a licence, permit or registration under an operational Act as in force immediately before commencement day; and

   (c)a licence or certificate of competency under the Plumbers, Drainers and Gasfitters Board Act 1982 (repealed).

Schedule 1Classes of construction occupation licence and functions

(see pt 6)

Part 1.3Builder

column 1 item	column 2 construction occupation class	column 3 construction work
1	class A	building work other than specialist building work
2	class B	(a)     building work (other than specialist building work) in relation to a building that is 3 storeys or lower; and     (b)     basic building work
3	class C	(a)     building work (other than specialist building work) in relation to a building that is 2 storeys or lower and is a class 1, class 2 or class 10a building; and     (b)     building work (other than specialist building work) in relation to a building that is a class 10b structure (other than a swimming pool or swimming pool fence) and is ancillary to a building mentioned in paragraph (a); and     (c)     basic building work
4	class D	non-structural basic building work, other than specialist building work
5	owner-builder	building work, other than specialist building work, in relation to a class 1, class 2 or class 10 building that is, or is to be, the licensee’s main home or ancillary to it

NoteFor 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).

Part 1.3ABuilding assessor

column 1 item	column 2 construction occupation class	column 3 construction work
1	class A building assessor—energy efficiency	(a)     the following building assessment work, based on an on-site inspection:                 (i)     preparing an energy efficiency certificate under the Building Act 2004; or                (ii)     preparing an energy efficiency rating statement. Note    Energy efficiency certificate—see the Building Act 2004, s 139C.     (b)     doing anything allowed to be done under a class B licence
2	class B building assessor—energy efficiency	the following building assessment work, based on the plans of a building:     (a)     preparing an energy efficiency certificate under the Building Act 2004; or     (b)     preparing an energy efficiency rating statement. Note    Energy efficiency certificate—see the Building Act 2004, s 139C.

Part 1.4Building surveyor

column 1 item	column 2 construction occupation class	column 3 construction work
1	principal building surveyor	building certification work or, for a corporation, supervision of building certification work
2	principal building surveyor employee	building certification work as an employee of a principal building surveyor
3	general building surveyor	building certification work or, for a corporation, supervision of building certification work, in relation to a building that is 3 storeys or lower and that has a floor area of 2 000m2 or less
4	general building surveyor employee	building certification work in relation to a building that is 3 storeys or lower and that has a floor area of 2 000m2 or less, as an employee of a principal building surveyor or general building surveyor
5	principal government building surveyor	building certification work
6	government building surveyor	building certification work in relation to a building that is 3 storeys or lower and that has a floor area of 2 000m2 or less

Part 1.5Drainer

column 1 item	column 2 construction occupation class	column 3 construction work
1	advanced sanitary drainer	sanitary drainage work without supervision
2	journeyperson drainer	sanitary drainage work under supervision of licensee with advanced sanitary drainers licence
3	operative drainer	sanitary drainage work under supervision of licensee with advanced sanitary drainers licence

Part 1.6Electrician

column 1 item	column 2 construction occupation class	column 3 construction work
1	electrical contractor	1           electrical wiring work, other than interval metering work or distributed energy resource work, without supervision 2           supervision of electrical wiring work, other than interval metering work or distributed energy resource work
2	unrestricted	1           electrical wiring work, other than interval metering work or distributed energy resource work, without supervision 2           supervision of electrical wiring work, other than interval metering work or distributed energy resource work
3	electrotechnology systems permit	1           electrical wiring work under supervision 2           incidental electrical work
4	restricted—electrotechnology systems assembly and servicing electrical fitting	electrotechnology assembly and servicing incidental to electrical wiring work in relation to electrical fitting disconnection and reconnection work
5	restricted—electrotechnology systems mechanical fitting	electrotechnology systems incidental to electrical wiring work in relation to mechanical fitting disconnection and reconnection work
6	restricted–electrotechnology systems plumbing and gas fitting	electrotechnology systems incidental to electrical wiring work in relation to plumbing and gasfitting disconnection and reconnection work
7	restricted–electrotechnology systems refrigeration and air conditioning	incidental electrical wiring work in relation to refrigeration and air conditioning disconnection and reconnection work
8	restricted— electrotechnology systems type B gas appliances	incidental electrical wiring work in relation to disconnection and reconnection of type B gas appliances
9	electrotechnology systems restricted permit	incidental electrical work under the supervision of a licensee with a licence in 1 or more of the following classes:     (a)     restricted—electrotechnology systems assembly and servicing electrical fitting     (b)     restricted—electrotechnology systems mechanical fitting     (c)     restricted—electrotechnology systems plumbing and gas fitting     (d)     restricted— electrotechnology systems refrigeration and air conditioning     (e)     restricted—electrotechnology systems type B gas appliances

Part 1.7Gasfitters

column 1 item	column 2 construction occupation class	column 3 construction work
1	advanced	gasfitting work, other than LP gas (liquid phase) installation, medical gasfitting work or medical gas technician work, without supervision
2	general	1    gasfitting work, other than medical gasfitting work or medical gas technician work, for pressures below 21kPa without supervision 2    gasfitting work, other than medical gasfitting work or medical gas technician work, for pressures above 21kPa under the supervision of a licensee with an advanced gasfitters licence
3	journeyperson gasfitter	gasfitting work, other than medical gasfitting work or medical gas technician work, under the general supervision of a licensee with an advanced gasfitters licence or unrestricted licence
4	LPG gasfitter (vapour phase)	LP gas (vapour phase) installation without supervision
5	LPG gasfitter (liquid phase)	LP gas (liquid phase) installation without supervision
6	restricted automotive—LPG	LP gas fuel installation on motor vehicles
7	restricted automotive—NGV	NGV fuel installation on motor vehicles
8	restricted automotive—LPG forklifts	gasfitting for LPG forklifts
9	restricted automotive—NGV forklifts	gasfitting for NGV forklifts
10	medical gasfitter	medical gasfitting work
11	medical gasfitter permit	medical gasfitting work under the supervision of a licensee with a medical gasfitters licence
12	medical gas technician	medical gas technician work
13	medical gas technician permit	medical gas technician work under the supervision of a licensee with a medical gas technician licence

Part 1.7AGas appliance worker

column 1 item	column 2 construction occupation class	column 3 construction work
1	unrestricted type A	type A gas appliance work without supervision
2	restricted type A	type A gas appliance work under the supervision of a licensee with an unrestricted type A licence
3	unrestricted type B	type B gas appliance work without supervision
4	restricted type B–level 2	(a)     without supervision—type B gas appliance work on—                 (i)     an atmospheric type gas appliance that consumes less than 2000MJ/h; or                (ii)     a forced draft burner system that consumes less than 500MJ/h; and     (b)     under the supervision of a licensee with an unrestricted type B licence—any other type B gas appliance work
5	restricted type B–level 1	type B gas appliance work under the supervision of a licensee with—     (a)     an unrestricted type B licence; or     (b)     a restricted type B–level 2 licence that authorises the licensee to perform the work to be completed unsupervised

Part 1.8Plumbers

column 1 item	column 2 construction occupation class	column 3 construction work
1	sanitary plumber	sanitary plumbing work without supervision
2	water supply plumber	water supply plumbing work including fire sprinkler work for class 1 and 2 buildings in relation to pipework of 25mm diameter or less, but not including backflow prevention device test work within the meaning of section 31
3	irrigation plumber	installation of irrigation networks and related equipment
4	journeyperson plumber	sanitary plumbing work under supervision of licensee with sanitary plumbers licence
5	fire sprinkler fitter	fire sprinkler work and work on a fire hydrant or fire hose connection point
6	journeyperson fire sprinkler fitter	fire sprinkler work, and work on a fire hydrant or fire hose connection point, under supervision of licensee with fire sprinkler fitter licence

Part 1.9Works assessors

column 1 item	column 2 construction occupation class	column 3 construction work
1	Class A works assessor—planning and development	undertaking an exemption assessment under the Planning Act 2023
2	Class B works assessor—planning and development	undertaking an exemption assessment under the Planning Act 2023, in relation to the following:     (a)     site work under the Building Act 2004 for a class 1 building or class 10 building or other structure;     (b)     development in relation to a class 1 building or class 10 building or other structure, mentioned in the Planning (Exempt Development) Regulation 2023, schedule 1, other than the following:                 (i)     division 1.4.7;                (ii)     section 1.134;                (iii)     section 1.136;               (iv)     section 1.139;                (v)     section 1.141 to section 1.145
3	works assessor—unit titles	providing, including doing anything incidental to providing, a unit tiles assessment report under the Unit Titles Act 2001

Schedule 2Demerit grounds for occupational discipline

(see s 43)

Part 2.1Builders licence demerit grounds for occupational discipline—Act, s 55 (1) (a)

column 1 item	column 2 demerit grounds for occupational discipline	column 3 short description	column 4 demerit points
2.1.1	fail to comply with building code, vol 1, cl B1P1 or vol 2, clH1P1 in that building did not resist actions reasonably subject to—local damage not minimised as demonstrated by deformation in single element of brickwork, blockwork, or stonework, laid in mortar causing crack or split in joint if—     (a)     crack or split wider than 3mm; or     (b)     face of element on either side of crack or split out of alignment with opposite face across crack or joint by more than 3mm	creation of defective single masonry element—cracked or split more than 3mm	1
2.1.2	fail to comply with building code, vol 1, cl B1P1 or vol 2, clH1P1 in that building did not resist actions reasonably subject to—local damage not minimised as demonstrated by deformation in single element concrete floor or structural concrete element causing crack or split in joint if—     (a)     crack or split wider than 5mm; or     (b)     face of element on either side of crack or split out of alignment with opposite face across crack or joint by more than 5mm	creation of defective single concrete element—cracked or split more than 5mm	1
2.1.3	fail to comply with building code, vol 1, cl B1P1 or vol 2, clH1P1 in that building did not resist actions reasonably subject to—local damage not minimised as demonstrated by deformation in wall, wall render, wall lining, wall tiling, ceiling lining or cornice causing crack or split in joint	creation of defective wall or wall render, lining or tiling, or ceiling lining or cornice—cracked or split	1
2.1.4	fail to comply with building code, vol 1, cl B1P1 or vol 2, clH1P1 in that building did not resist actions reasonably subject to—local damage not minimised as demonstrated by possibility of instability or collapse of primary building element susceptible to termite attack because not provided with code-compliant termite risk management system	failure to protect primary building element with compliant termite management system	2
2.1.5	fail to comply with building code, vol 1, cl F1P2, F1P4, F2P1 or F3P1 or vol 2, cl H2P1 (2), H2P2 or H2P3—surface water, water or dampness could occur in building other than under code	failure to protect a building from water or dampness	3
2.1.6	fail to comply with building code, vol 1, cl F1P1 or vol 2, cl H2P1 (1)—surface water collected or concentrated by building not disposed of in code-compliant way that avoids damage or nuisance to another property, or likelihood of damage or nuisance	creation of building with defective surface water collection or concentration disposal that damaged or caused nuisance or likelihood of either to other property	2
2.1.7	fail to comply with building code, vol 1, cl F1P3 or vol 2, cl H2P1 (3)—drainage system for disposal of surface water did not, in code-compliant way—     (a)     carry water to appropriate outfall; or     (b)     avoid entry of water to building; or     (c)     avoid water damaging building	creation of building with defective drainage system—failure to carry water to appropriate outfall, avoid entry of water to building or avoid water damaging building	3
2.1.8	fail to comply with building code, vol 1, cl E2P1 or vol 2, cl H3P2—building without code-compliant automatic warning on smoke detection	creation of building without effective smoke alarm	3
2.1.9	fail to comply with building code, vol 1, cl F2P2 or vol 2, cl H4P1—water not stopped from penetrating behind fittings, linings or concealed spaces of sanitary facilities, bathrooms, laundries and other wet area facilities	creation of building with defective wet area waterproofing or water containment	3
2.1.10	fail to comply with building code, vol 1, cl F5P1 or vol 2, cl H4P2—height of room or other space more than 50mm less than code requires	creation of building with ceiling height more than 50mm too low	3
2.1.11	fail to comply with building code, vol 1, cl F7P1 to F7P4 or vol 2, cl H4P6—floor, wall or floor or wall penetration do not comply with code sound transmission and insulation requirements	creation of building with defective sound transmission or insulation arrangements	2
2.1.12	fail to comply with building code, vol 1, cl D1P2 (c) (v) or vol 2, cl H5P1 (b) (iii)—geometry of stairway risers or goings do not satisfy code safe passage requirements	creation of unsafe step or stairway	3
2.1.13	fail to comply with building code, vol 1, cl D1P3 or vol 2, cl H5P2—barrier required under code to prevent people falling not provided	creation of building with defective or no safety barrier	3
2.1.14	fail to comply with building code, vol 1, cl G1P2 or vol 2, cl H7P1 or H7P2—swimming pool over 300mm deep without code compliant safety barrier or water recirculation system	creation of swimming pool with defective or no safety barrier, or water recirculation system with defective or no safety measures to avoid entrapment or injury	3
2.1.15	fail to comply with building code, vol 1, cl C1P2 or vol 2, cl H3P1—building with element that does not comply with code to avoid spread of fire to exit, sole-occupancy unit or public area or between buildings or in building	creation of building with defective or no fire spread avoidance measures	2
2.1.16	fail to comply with Building Act 2004, s 37A (2)—carried out or supervised building work without displaying sign	carrying out or supervising building work without displaying sign	1
2.1.17	fail to comply with Building Act 2004, s 37A (5)—carried out or supervised building work without replacing or repairing damaged sign within 2 days or prescribed period	carrying out or supervising building work without replacing or repairing damaged sign within 2 days or prescribed period	1
2.1.18	fail to comply with Building Act 2004, s 42 (1) (c)—mortar joint in mortar-jointed masonry element not between 8mm and 12mm wide or bed joint not horizontal	creation of defective masonry joint—mortar joint not between 8mm and 12mm wide or bed joint not horizontal	1
2.1.19	fail to comply with Building Act 2004, s 42 (1) (c)—beam, doorway, window, wall, column, post or truss erected out of plumb	creation of out of plumb beam, doorway, window, wall, column, post or truss	1
2.1.20	fail to comply with Building Act 2004, s 42 (1) (c)—floor, ceiling, beam or sill erected out of horizontal	creation of out of horizontal floor, ceiling, beam or sill	1
2.1.21	fail to comply with Building Act 2004, s 42 (1) (c)—floor, ceiling or beam erected so surface not flat	creation of floor, ceiling or beam without flat surface	1
2.1.22	fail to comply with Building Act 2004, s 42 (1) (d)—building erected more than 100mm but less than 300mm away from position relative to boundaries indicated on approved plans	failure to comply with building siting on approved plan by more than 100mm but less than 300mm	2
2.1.23	fail to comply with Building Act 2004, s 42 (1) (d)—building erected 300mm or more away from position relative to boundaries indicated on approved plans	failure to comply with building siting on approved plan by 300mm or more	3
2.1.24	fail to comply with Building Act 2004, s 42 (1) (d)—part of floor erected more than 100mm higher or lower than level indicated on approved plans	failure to comply with floor level on approved plan by more than 100mm	2
2.1.25	fail to comply with Building Act 2004, s 42 (1) (d)—top of building erected more than 300mm higher than height indicated on approved plans	failure to comply with building height requirements of approved plan by more than 300mm	2
2.1.26	fail to comply with Building Act 2004, s 42 (1) (d)—location of structural element, wall, window or door, relative to building erected more than 100mm away from position on building indicated on approved plans or in position where plans indicate other element to be erected	failure to comply with set out requirements of approved plan for structural element, wall, window or door by more than 100mm, or inclusion of unplanned structural element, wall, window or door	1
2.1.27	fail to comply with Building Act 2004, s 42 (1) (d)—lineal dimensions of window, door or doorway erected more than 100mm larger or smaller than lineal dimension of window, door or doorway indicated on approved plans	failure to comply with dimensional requirements of approved plan for window, door or doorway by more than 100mm	1
2.1.28	fail to comply with Building Act 2004, s 42 (1) (d)—beam, doorway, window, wall, column, post or truss in approved plan not erected	failure to include significant building element from approved plan	2
2.1.29	fail to comply with Building Act 2004, s 42 (1) (f)—carried out building work when not builder in commencement notice and not under supervision of builder in notice	carrying out building work when not in commencement notice or supervised by notice builder	2
2.1.30	fail to comply with Building Act 2004, s 43 (2)—proceeded with building work above dampcourse level although certifier has not received required document or is not satisfied that position of building or level of all floors comply with approved plan and any condition	failure to provide survey plan or document or comply with approved plan or condition before building above dampcourse	2
2.1.31	fail to comply with Building Act 2004, s 43 (3)—proceeded beyond stage of building work without giving written notice to certifier or without certifier’s written permission to proceed	failure to give written notice to certifier about reaching inspection stage or obtain written permission before proceeding	2
2.1.32	fail to comply with Building Act 2004, s 64—did not comply with stop notice	failure to comply with stop notice	2
2.1.33	fail to comply with Building Act 2004, s 64—did not comply with notice to produce survey plan	failure to comply with notice to provide survey plan	2

Part 2.6Plumbers licence demerit grounds for occupational discipline—Act, s 55 (1) (a)

column 1 item	column 2 demerit grounds for occupational discipline	column 3 short description	column 4 demerit points
2.6.1	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C1P4—sanitary plumbing system that does not avoid blockage or uncontrolled discharge	creation of sanitary plumbing system that does not avoid blockage or uncontrolled discharge	2
2.6.2	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C1P6—sanitary plumbing system that does not avoid—     (a)     entry of water, sewerage and sullage from the system into a building; or     (b)     entry of foul gases from the system into a building inconsistent with code; or             (c)        entry of surface water, subsurface water and storm water into the system	creation of sanitary plumbing system that does not avoid entry of water, sewerage, sullage or foul gases into a building, or entry of outside water into the system	2
2.6.3	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C1P2—sanitary plumbing system that does not ensure access for maintenance of mechanical components, operational controls or for clearing blockages	creation of sanitary plumbing system that does not ensure access for maintenance of mechanical components, operational controls or clearing blockages	1
2.6.4	fail to comply with Water and Sewerage Regulation 2001, s 6 (1), performance requirement under plumbing code cl C1P7—sanitary plumbing system that does not avoid damage from superimposed loads, ground movement or root penetration	creation of sanitary plumbing system that does not avoid damage from loads, ground movement or root penetration	1
2.6.5	fail to comply with Water and Sewerage Regulation 2001, s 18 (1), performance requirement under plumbing code cl B5P1—water service designed, constructed or installed in way that does not avoid contamination	creation of water service that does not avoid contamination	2
2.6.6	fail to comply with Water and Sewerage Regulation 2001, s 18 (1), performance requirement under plumbing code cl B1P3—cold water service that—     (a)     does not ensure access for maintenance of mechanical components and operational controls; or             (b)        does not ensure the system, appliances and devices can be isolated for testing and maintenance	creation of cold water service that does not ensure access for maintenance, or does not ensure the system, appliances and devices can be isolated for testing and maintenance	2
2.6.7	fail to comply with Water and Sewerage Regulation 2001, s 18 (1), performance requirement under plumbing code cl B1P6—cold water service that does not avoid failure or uncontrolled discharge	creation of cold water service that does not avoid failure or uncontrolled discharge	1
2.6.8	fail to comply with Water and Sewerage Act 2000, s 11 or s 15 (1) and Water and Sewerage Regulation 2001, s 17—     (a)     installed or fitted sprinkler system or part of fire sprinkler service without giving required notice of start to registrar; or     (b)     provided a water supply plumbing service without giving required notice of start to registrar or without required approval of plan	failure to give required notice of intention to start sprinkler or fire sprinkler work or give required notice of intention to start, or to get approval for plan for, water supply plumbing service	1
2.6.9	fail to comply with Water and Sewerage Act 2000, s 15 (2) or (3)—     (a)     contravened direction of registrar about how water supply plumbing service is to be provided; or     (b)     installed a thing to which the plumbing code, part A5 applies and the thing was not certified under the part	failure to provide service as directed by registrar or installed thing not certified under plumbing code, part A5	2
2.6.10	fail to comply with Water and Sewerage Regulation 2001, s 19—     (a)     did not tell registrar when water supply plumbing work ready for inspection; or     (b)     did not leave water supply plumbing work ready for inspection as required	failure to tell registrar water supply plumbing work ready for inspection or to leave work uncovered for test	1
2.6.11	fail to comply with Water and Sewerage Regulation 2001, s 20 (1)—did not test water supply plumbing in accordance with AS/NZS 3500 before it was to be passed by an inspector or, if the water supply plumbing was altered or repaired, before the alteration or repair was to be passed	failure to test water supply plumbing before inspection	1
2.6.12	fail to comply with Water and Sewerage Regulation 2001, s 20 (3)—did not rectify water supply plumbing work found to be defective	failure to rectify defective water supply plumbing work found by test	2
2.6.13	fail to comply with Water and Sewerage Regulation 2001, s 21—did not give registrar required information, evidence of fee payment and plan within required time for water supply plumbing work completed in accordance with the plumbing code	failure to give required information, fee payment evidence and plan for completed water supply plumbing work	1
2.6.14	fail to comply with Water and Sewerage Regulation 2001, s 22 (4)—installed testable backflow prevention device but did not tell registrar about installation or ensure device tested as required as soon as practicable	installation of testable backflow prevention device without notifying or testing	1
2.6.15	fail to comply with Water and Sewerage Act 2000, s 16—provided sanitary plumbing service without giving required notice	failure to give required notice of intention to start or complete sanitary plumbing work	1
2.6.16	fail to comply with Water and Sewerage Regulation 2001, s 7 (1)—did work on sanitary plumbing system other than in accordance with approved plan	creation of sanitary plumbing work other than in accordance with approved plan	1
2.6.17	fail to comply with Water and Sewerage Regulation 2001, s 8—     (a)     did not tell registrar when sanitary plumbing work ready for inspection; or     (b)     did not leave sanitary plumbing work ready for inspection as required	failure to tell registrar sanitary plumbing work ready for inspection or to leave work uncovered for test	1
2.6.18	fail to comply with Water and Sewerage Regulation 2001, s 9 (1)—did not test sanitary plumbing in accordance with AS/NZS 3500 before it was to be passed by an inspector or, if the sanitary plumbing was altered or repaired, before the alteration or repair was to be passed	failure to test sanitary plumbing before inspection	1
2.6.19	fail to comply with Water and Sewerage Regulation 2001, s 9 (3)—did not rectify sanitary plumbing work found to be defective	failure to rectify defective sanitary plumbing work found by test	2
2.6.20	fail to comply with Water and Sewerage Regulation 2001, s 10—did not give registrar required information, evidence of fee payment and plan within required time for sanitary plumbing work completed in accordance with the plumbing code	failure to give required information, fee payment evidence and plan for completed sanitary plumbing work	1

Part 2.7Plumbing plan certifiers licence demerit grounds for occupational discipline—Act, s 55 (1) (a)

column 1 item	column 2 demerit grounds for occupational discipline	column 3 short description	column 4 demerit points
2.7.1	fail to comply with Water and Sewerage Act 2000, s 8 (1)—approved plumbing or sanitary drainage work plan without required approvals	failure to obtain required approval before approving plumbing or drainage plan	3
2.7.2	fail to comply with Water and Sewerage Act 2000, s 8 (2) (e)—certifier issued plan approval for proposed plumbing or sanitary drainage work, or approved amendment plan, where design of work did not comply with the plumbing code	creation of plan approval or amendment for noncompliant plumbing or drainage work	2
2.7.3	fail to comply with Water and Sewerage Act 2000, s 9 (2)—certifier approved amendment to plan approval for proposed plumbing or sanitary drainage work if reconsideration required	approved amended plan that required reconsideration	1
2.7.4	fail to comply with Water and Sewerage Act 2000, s 9 (4)—certifier did not keep all documents relating to approved plumbing or drainage plan for at least 12 months	failure to keep plan approval records for 1 year	1
2.7.5	fail to comply with Water and Sewerage Act 2000, s 10—certifier did not notify registrar within 7 days after end of appointment under Water and Sewerage Act, s 5 (3)	failure to notify loss of appointment as certifier within 7 days after loss	1

Part 2.7AWorks assessor licence demerit grounds for occupational discipline—Act, s 55 (1) (a)

column 1 item	column 2 demerit grounds for occupational discipline	column 3 short description	column 4 demerit points
2.7A.1	fail to comply with Unit Titles Act 2001, s 22B (3) (b)—fail to give copy of unit title assessment report to territory planning authority within 5 working days after giving report to applicant	failure to give copy of report to authority within 5 working days after giving report to applicant	1

Part 2.8All licences demerit grounds for occupational discipline—Act, s 55 (1) (a)

column 1 item	column 2 demerit grounds for occupational discipline	column 3 short description	column 4 demerit points
2.8.1	fail to comply with Act, s 40—contravention of rectification order other than emergency rectification order	contravention of non-emergency rectification order	2
2.8.2	fail to comply with Act, s 40—contravention of emergency rectification order	contravention of emergency rectification order	4
2.8.3	fail to comply with Act, s 47—did not give client evidence of relevant insurance before providing construction service	failure to give client insurance evidence	1
2.8.4	fail to comply with Act, s 87 (1)—contravention of licence condition that—     (a)     limited number or cost of construction services provided under licence; or     (b)     required licensee to do something in a stated way in connection with the performance of a construction service	failure to comply with licence condition	2
2.8.5	fail to comply with Act, s 87 (3)—contravention of applicable code of practice	failure to comply with applicable code of practice	1

Schedule 3Licence demerit grounds for occupational discipline under Act, s 55 (1) (other than par (a))

(see s 43)

column 1 item	column 2 provision	column 3 short description	column 4 demerit points
3.1	s 55 (1) (b)	giving false or misleading information	2

Schedule 4Reviewable decisions

(see pt 6A)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	Act, 19 (1)	refuse to issue licence	applicant for licence
2	Act, 19 (1)	issue licence for period less than maximum period for which licence may be issued	applicant for licence
3	Act, 19 (2)	issue licence other than licence applied for	applicant for licence
4	Act, 21 (2)	amend licence by putting condition on licence, or amending or cancelling licence	licensee
5	Act, 21 (2)	refuse to amend licence	licensee
6	Act, 21A	amend licence by putting condition on licence	licensee
7	Act, 22	refuse to endorse licence	licensee
8	Act, 25	renew licence for period less than the maximum period for which licence may be renewed	applicant for renewal
9	Act, 25 (2) or (3)	refuse to renew licence	person whose licence renewal refused
10	Act, 26	refuse to cancel licence	licensee
11	Act, 29	refuse to approve resignation of nominee of corporation or partnership	nominee, corporation or partnership
12	Act, 37	authorise licensee to enter land	entity given notice under s 34 in relation to land or licensee
13	Act, 38	make rectification order	person or entity to which rectification order relates
14	Act, 53	refuse to revoke automatic suspension	licensee
15	Act, 56 (1) (b), (c) or (d)	take disciplinary action	licensee
16	Act, 53A (2)	cancel licence following 3-month period of automatic suspension	licensee
17	Act, 59 (2)	suspend licence	licensee
18	Act, 61 (2)	refuse to revoke suspension	licensee
19	Act, 95	take disciplinary action	licensee
20	Act, 96	refuse application for licence or renewal	applicant for licence or renewal
21	Act, 97	give notice of licence suspension without opportunity to make representations	person whose licence suspended
22	Act, 98	give notice of licence disqualification without opportunity to make representations	person whose licence disqualified
23	Act, 107 (5)	refuse to give access to information on register	person asking for access to information
24	Act, 107A (8) (b)	include information about rectification undertaking on public register	licensee who gave, or a person affected by, the rectification undertaking
25	Act, 109 (3)	include details of contravention in register	entity to which details of contravention relate
26	Act, 111	refuse to remove information from the register	entity to which information relates
27	30	refuse to endorse builders licence	licensee or applicant for endorsement
28	30	endorse builders licence subject to conditions	licensee
29	31	refuse to endorse plumbers licence	licensee
30	31A	refuse to endorse building assessor’s licence	licensee
31	31B	refuse to endorse advanced gasfitters licence or general gasfitters licence	licensee
32	31C	refuse to endorse electrical contractor licence or unrestricted electrician licence	licensee
33	31D	refuse to endorse electrical contractor licence or unrestricted electrician licence	licensee
34	33	refuse to issue replacement licence	licensee

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dictionary, pt 1, defines the following terms:

·     Act

·     building code

·     found guilty

·     home address

·     territory planning authority.

Note 3Terms used in this regulation have the same meaning that they have in the Construction Occupations (Licensing) Act 2004 (see Legislation Act, s 148). For example, the following terms are defined in the Construction Occupations (Licensing) Act 2004, dict:

·     AS 3500

·     building surveyor (see s 9)

·     disciplinary action

·     demerit disciplinary ground

·     endorsement

·     nominee

·     registrar

·     works assessor (see s 14A (1)).

AS 5601 means Australian Standard 5601 (Gas Installations), as in force from time to time.

basic building work—see the Building Act 2004, section 10.

building certification work—see the Act, section 9 (4) (What is a building surveyor?).

distributed energy resource work—see section 31D (5).

electrical installation—see the Electricity Safety Act 1971, dictionary.

electrical wiring work—see the Act, section 11 (3) (What is an electrician?).

fire sprinkler work—see the Water and Sewerage Act 2000, dictionary.

gasfitting work—see the Act, section 12 (3) (What is a gasfitter?).

incidental electrical work means work carried out by a person whose main occupation is not as an electrician if the work—

(a)either—

(i)involves the disconnection and reconnection of an appliance, or fitting, that is an electrical installation; or

(ii)involves finding and fixing faults in components of an appliance, or fitting, that is an electrical installation; and

(b)is incidental to the person’s main occupation; and

(c)does not include interval metering work or distributed energy resource work.

interval metering work—see section 31C (3).

medical gasfitting work—see the Gas Safety Act 2000, dictionary.

medical gas system—see the Gas Safety Act 2000, dictionary.

medical gas technician work—see the Gas Safety Act 2000, dictionary.

plumbing code—see the Water and Sewerage Act 2000, section 44C.

sanitary drainage work—see the Act, section 10 (3) (What is a drainer?).

sanitary plumbing work—see the Act, section 13 (3) (What is a plumber?).

specialist building work—see the Building Act 2004, section 9.

storey—see the Building Act 2004, dictionary.

type B gas appliance means a gas appliance that—

(a)consumes more than 10MJ/h of gas; and

(b)is not covered by an approval scheme for gas appliances recognised by an entity appointed by the government of a State or Territory to administer the gas safety legislation for the State or Territory.

unit title assessment report—see the Unit Titles Act 2001, section 22B.

water supply plumbing work—see the Act, section 13 (3) (What is a plumber?).

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This regulation was made as part of the Construction Occupations (Licensing) Act 2004 (see A2004‑12, s 151 and sch 1) and was originally the Construction Occupations (Licensing) Regulations 2004.  It was renamed under the Legislation Act 2001.

   Construction Occupations (Licensing) Regulation 2004 SL2004-36

   taken to have been notified LR 26 March 2004 (A2004‑12, s 151 (3) (a))
   s 1 taken to have commenced 26 March 2004 (LA s 75 (1))

   remainder commenced 1 September 2004 (A2004‑12, s 151 (3) (b))

   as amended by

   Construction Occupations (Licensing) Amendment Regulations 2004 (No 1) SL2004-44

   notified LR 8 September 2004
   s 1, s 2 commenced 8 September 2004 (LA s 75 (1))

   remainder commenced 9 September 2004 (s 2)

   Construction Occupations Legislation Amendment Act 2005 A2005‑34 sch 1 pt 1.4

   notified LR 6 July 2005
   s 1, s 2 commenced 6 July 2005 (LA s 75 (1))

   sch 1 pt 1.4 commenced 27 July 2005 (s 2)

   Construction Occupations (Licensing) Amendment Regulation 2005 (No 1) SL2005-18

   notified LR 26 August 2005
   s 1, s 2 commenced 26 August 2005 (LA s 75 (1))

   remainder commenced 27 August 2005 (s 2)

   Construction Occupations Legislation Amendment Act 2006 A2006‑15 sch 1 pt 1.3

   notified LR 6 April 2006
   s 1, s 2 commenced 6 April 2006 (LA s 75 (1))

   sch 1 pt 1.3 commenced 1 September 2006 (s 2 and CN2006-19)

   Asbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.5 (as am by A2006‑24 s 4)

   notified LR 18 May 2006
   s 1, s 2 commenced 18 May 2006 (LA s 75 (1))

   amdt 1.39, amdt 1.44 commenced 18 November 2006 (s 2 (2) and LA s 79)
   sch 1 pt 1.5 remainder commenced 1 July 2006 (s 2 (1) as am by A2006‑24 s 4))

   Asbestos Legislation Amendment Act 2006 (No 2) A2006-24

   notified LR 18 May 2006
   s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
   remainder commenced 19 May 2006 (s 2)

   NoteThis Act only amends the Asbestos Legislation Amendment Act 2006 A2006-16.

   Construction Occupations (Licensing) Amendment Regulation 2006 (No 1) SL2006-52

   notified LR 4 December 2006
   s 1, s 2 commenced 4 December 2006 (LA s 75 (1))

   remainder commenced 5 December 2006 (s 2)

   Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 sch 1 pt 1.6

   notified LR 13 June 2007
   s 1, s 2 commenced 13 June 2007 (LA s 75 (1))

   sch 1 pt 1.6 commenced 1 July 2007 (s 2 and CN2007-3)

   Building Legislation Amendment Act 2007 A2007-26 sch 1 pt 1.4

   notified LR 13 September 2007
   s 1, s 2 commenced 13 September 2007 (LA s 75 (1))

   
   

   sch 1 pt 1.4 commenced 31 March 2008 (s 2 (1) and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)

   ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.11

   notified LR 4 September 2008
   s 1, s 2 commenced 4 September 2008 (LA s 75 (1))

   sch 1 pt 1.11 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

   as modified by

   ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2 s 67 and sch 2 (as am by A2009‑49 amdt 1.2, amdt 1.4)

   notified LR 29 January 2009
   s 1, s 2 commenced 29 January 2009 (LA s 75 (1))
   s 67 and sch 2 commenced 2 February 2009 (s 2 and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

   as amended by

   Statute Law Amendment Act 2009 (No 2) A2009-49 amdt 1.2, amdt 1.4, sch 1 pt 1.5, sch 3 pt 3.11

   notified LR 26 November 2009
   s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
   amdt 1.2, amdt 1.4, sch 1 pt 1.5, sch 3 pt 3.11 commenced 17 December 2009 (s 2)

   NoteThis Act also amends the ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2.

   Statute Law Amendment Act 2010 A2010-18 sch 3 pt 3.2

   notified LR 13 May 2010
   s 1, s 2 commenced 13 May 2010 (LA s 75 (1))

   sch 3 pt 3.2 commenced 3 June 2010 (s 2)

   Construction Occupations Legislation (Exemption Assessment) Amendment Act 2010 A2010-24 pt 4

   notified LR 8 July 2010
   pt 1 commenced 8 July 2010 (s 2 (1))
   s 42 commenced 8 July 2011 (s 2)

   pt 4 remainder commenced 3 September 2010 (s 2 (2) and see Construction Occupations Legislation Amendment Act 2010 A2010-8 (s 2 (2) and LA s 79)

   Construction Occupations Legislation Amendment Act 2010 (No 2) A2010-32 pt 5

   notified LR 1 September 2010
   s 1, s 2 commenced 1 September 2010 (LA s 75 (1))
   s 3 commenced 18 February 2011 (LA s 75AA)

   s 33 commenced 18 February 2011 (s 2 and CN2011-2)

   pt 5 remainder commenced 1 March 2011 (s 2 and LA s 79)

   Construction Occupations (Licensing) Amendment Regulation 2010 (No 1) SL2010-36

   notified LR 7 September 2010
   s 1, s 2 commenced 7 September 2010 (LA s 75 (1))

   remainder commenced 8 September 2010 (s 2)

   Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.11

   notified LR 28 November 2011
   s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

   sch 3 pt 3.11 commenced 12 December 2011 (s 2)

   Planning and Building Legislation Amendment Act 2011 (No 2) A2011‑54 pt 4

   notified LR 13 December 2011
   s 1, s 2 commenced 13 December 2011 (LA s 75 (1))
   pt 4 commenced 1 July 2012 (s 2 and CN2012-11)

   Planning, Building and Environment Legislation Amendment Act 2013 A2013-15 pt 4

   notified LR 21 May 2013
   s 1, s 2 commenced 21 May 2013 (LA s 75 (1))

   pt 4 commenced 22 May 2013 (s 2)

   Construction and Energy Efficiency Legislation Amendment Act 2013 A2013-31 pt 7, sch 1

   notified LR 26 August 2013
   s 1, s 2 commenced 26 August 2013 (LA s 75 (1))
   s 67 commenced 1 December 2013 (s 2 (2))

   pt 7 remainder commenced 27 August 2013 (s 2 (3))
   sch 1 commenced 1 September 2013 (s 2 (1))

   Construction and Energy Efficiency Legislation Amendment Act 2014 A2014-2 pt 4

   notified LR 5 March 2014
   s 1, s 2 commenced 5 March 2014 (LA s 75 (1))
   pt 4 commenced 6 March 2014 (s 2)

   Construction and Energy Efficiency Legislation Amendment Act 2014 (No 2) A2014-10 pt 3

   notified LR 17 April 2014
   s 1, s 2 commenced 17 April 2014 (LA s 75 (1))
   pt 3 commenced 18 April 2014 (s 2)

   Gas Safety Legislation Amendment Act 2014 A2014-38 pt 3

   notified LR 30 September 2014
   s 1, s 2 commenced 30 September 2014 (LA s 75 (1))
   pt 3 commenced 30 March 2015 (s 2 and LA s 79)

   Training and Tertiary Education Amendment Act 2014 A2014‑48 sch 1 pt 1.6

   notified LR 6 November 2014
   s 1, s 2 commenced 6 November 2014 (LA s 75 (1))

   sch 1 pt 1.6 commenced 20 November 2014 (s 2)

   Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014 A2014‑53 pt 5

   notified LR 3 December 2014
   s 1, s 2 commenced 3 December 2014 (LA s 75 (1))

   pt 5 commenced 1 January 2015 (s 2)

   Building (General) Legislation Amendment Regulation 2015 (No 1) SL2015-14 pt 3

   notified LR 4 May 2015
   s 1, s 2 commenced 4 May 2015 (LA s 75 (1))
   pt 3 commenced 5 May 2015 (s 2 (1))

   Planning, Building and Environment Legislation Amendment Act 2015 A2015‑12 pt 5

   notified LR 20 May 2015

   s 1, s 2 commenced 20 May 2015 (LA s 75 (1))

   pt 5 commenced 21 May 2015 (s 2)

   Spent Convictions (Historical Homosexual Convictions Extinguishment) Amendment Act 2015 A2015‑45 sch 1 pt 1.2

   notified LR 6 November 2015
   s 1, s 2 commenced 6 November 2015 (LA s 75 (1))

   sch 1 pt 1.2 commenced 7 November 2015 (s 2)

   Building and Construction Legislation Amendment Act 2016
   

   A2016-44 pt 6

   notified LR 19 August 2016
   s 1, s 2 commenced 19 August 2016 (LA s 75 (1))
   pt 6 commenced 20 August 2016 (s 2 (1))

   Construction Occupations (Licensing) Amendment Regulation 2016 (No 1) SL2016-36

   notified LR 22 December 2016
   s 1, s 2 commenced 22 December 2016 (LA s 75 (1))
   remainder commenced 23 December 2016 (s 2)

   Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.8

   notified LR 23 February 2017
   s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
   sch 3 pt 3.8 commenced 9 March 2017 (s 2)

   Construction Occupations (Licensing) Amendment Regulation 2017 (No 1) SL2017-33

   notified LR 23 November 2017
   s 1, s 2 commenced 23 November 2017 (LA s 75 (1))
   remainder commenced 1 December 2017 (s 2)

   Construction Occupations (Licensing) Amendment Regulation 2019 (No 1) SL2019-4

   notified LR 21 February 2019
   s 1, s 2 commenced 21 February 2019 (LA s 75 (1))
   remainder commenced 22 February 2019 (s 2)

   Crimes (Disrupting Criminal Gangs) Legislation Amendment Act 2019 A2019-43 pt 3

   notified LR 6 December 2019
   s 1, s 2 commenced 6 December 2019 (LA s 75 (1))
   pt 3 commenced 6 June 2020 (s 2 (2) and LA s 79))

   Building and Construction Legislation Amendment Act 2019
   

   A2019-48 pt 6

   notified LR 9 December 2019
   s 1, s 2 commenced 9 December 2019 (LA s 75 (1))
   pt 6 commenced 10 December 2019 (s 2 (1))

   Loose-fill Asbestos Legislation Amendment Act 2020
   

   A2020-20 sch 1 pt 1.4

   notified LR 27 May 2020
   s 1, s 2 commenced 27 May 2020 (LA s 75 (1))
   sch 1 pt 1.4 commenced 1 July 2020 (s 2)

   Building and Construction Legislation Amendment Regulation 2023 (No 1) SL2023-7 pt 3

   notified LR 28 April 2023
   s 1, s 2 commenced 28 April 2023 (LA s 75 (1))
   pt 3 commenced 1 May 2023 (s 2 (1))

   Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.17

   notified LR 29 September 2023
   s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
   sch 1 pt 1.17 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)

   Building and Construction Legislation Amendment Act 2023 A2023‑55 pt 7

   notified LR 11 December 2023
   s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
   s 40, s 41, s 43 commenced 12 December 2023 (s 2 (4))
   s 42, s 44, ss 46-48 commenced 11 March 2024 (s 2 (2))
   pt 7 remainder commenced 11 December 2024 (s 2 (5))

   Construction Occupations (Licensing) Amendment Regulation 2024 (No 1) SL2024-22

   notified LR 30 August 2024
   s 1, s 2 commenced 30 August 2024 (LA s 75 (1))
   s 9 commenced 31 August 2024 (s 2 (2))
   remainder commenced 11 December 2024 (s 2 (1) and see Building and Construction Legislation Amendment Act 2023 A2023-55 s 2 (1))

   Building and Construction Legislation Amendment Regulation 2025 (No 1) SL2025-11 pt 3

   notified LR 30 June 2025
   s 1, s 2 commenced 30 June 2025 (LA s 75 (1))
   pt 3 commenced 1 July 2025 (s 2 (1))

1. Amendment history

   Name of regulation

   s 1am R3 LA

   Work in construction occupation

   pt 1A hdgins SL2015‑14 s 17

   Construction occupation of builder—excluded work—Act, s 6 (3) (b)

   s 4Ains SL2015‑14 s 17

   Construction occupation of gasfitter—excluded work—Act, s 6 (3) (b)

   s 4Bins SL2024-22 s 4

   Licence applications—Act, s 17 (3)

   s 5am A2005‑34 amdt 1.30, amdt 1.31; A2006‑16 amdt 1.34; A2009‑49 amdt 3.25; A2010‑24 s 36; A2010‑32 s 27; A2013‑31 ss 53-56; A2014‑53 s 20; pars renum R31 LA; A2015‑45 amdt 1.2; A2016‑44 s 80

   Information required on licence—Act, s 23 (2)

   s 6am A2005‑34 amdt 1.32

   Term of licences generally—Act, s 24

   s 7am A2013‑31 s 57; A2014‑53 s 21; A2014‑38 s 8; pars renum R32

   Term of licence for building assessors, building surveyors, plumbing plan certifiers and works assessors—Act, s 24

   s 8 hdgsub A2010‑24 s 37; A2010‑32 s 28; A2014‑53 s 22

   s 8sub A2006‑16 amdt 1.35

   am A2010‑24 s 38; A2010‑32 s 29; A2013‑31 s 58; A2014‑53 s 23; pars renum R31 LA

   Particulars in register

   s 9am A2006‑16 amdt 1.36; A2008‑36 amdt 1.122; A2010‑24 s 39; A2010‑32 s 30; A2013‑31 ss 59-61; pars renum R25 LA; A2014‑53 s 24; pars renum R31 LA

   Not eligible because of criminal activity

   s 11Ains A2019-43 s 8

   Eligibility for licence—suitability and financial requirements—Act, s 18 and s 24A

   s 13 hdgsub SL2019‑4 s 13

   s 13am A2011‑52 amdt 3.47; A2013‑31 s 62, s 63; ss renum R25 LA

   sub A2016‑44 s 81

   am SL2019‑4 s 5, s 6; ss renum R41 LA; SL2025‑11 s 7

   Skill assessment of individuals

   s 14am A2007‑12 amdt 1.9; A2013‑31 s 64; A2014‑48 amdt 1.9; SL2019‑4 ss 7-9; A2023-55 s 40, s 41

   Notice of skill assessment

   s 14Ains SL2019‑4 s 10

   Corporations and partnerships eligible for some occupations

   s 15am A2005‑34 amdt 1.33; A2006‑16 amdt 1.37; SL2010‑36 s 4; A2014‑53 s 25; pars renum R31 LA

   Eligibility to be asbestos removalist

   s 15Ains A2006‑16 amdt 1.38

   om A2014‑53 s 26

   Eligibility to be owner-builder

   s 16sub SL2016‑36 s 4

   am A2020‑20 amdt 1.12, amdt 1.13

   Eligibility to be asbestos assessor

   s 16Ains A2006‑16 amdt 1.39

   om A2014‑53 s 27

   Eligibility to be building assessor

   s 16Bins A2010‑32 s 31

   Eligibility to be building surveyor

   s 17am A2005‑34 amdt 1.34; A2006‑15 amdt 1.23

   sub A2006‑16 amdt 1.39

   am SL2006‑52 ss 4-6

   Eligibility to be plumbing plan certifier

   s 18am A2006‑15 amdt 1.23

   Eligibility to be works assessor

   s 18Ains A2010‑24 s 40

   Licence renewal

   div 4.1A hdg         ins SL2019‑4 s 11

   Requirement to undertake assessment

   s 18Bins SL2019‑4 s 11

   Eligibility to be nominee—Act, s 28 (6)

   s 19 hdgsub A2016‑44 s 82

   s 19am A2013‑31 s 65, s 66; A2016‑44 s 83

   Comply with code of practice

   s 21Ains A2010‑32 s 32

   am A2016‑44 s 84

   Corporate licences

   s 22am A2016‑44 s 85, s 86

   Partnership licences

   s 23am A2016‑44 s 87, s 88

   Individual licences

   s 24am A2010‑18 amdt 3.2

   Medical gas technicians must not commission or test etc own medical gasfitting work

   s 26Ains SL2024-22 s 5

   Certain building surveyors

   s 28am SL2004‑44 s 4

   Endorsements on licences

   div 5.2 hdgsub SL2017‑33 s 4

   Return of licence

   s 29reloc and renum as s 32A

   Endorsing builders licences for building work—Act, s 22

   s 30 hdgsub A2005‑34 amdt 1.35

   s 30am A2005‑34 amdt 1.36

   Endorsing building assessors licences for use of software—Act, s 22

   s 31Ains A2010‑32 s 33

   Endorsing licences for gas appliance work—Act, s 22

   s 31Bins A2014‑38 s 9

   Endorsing electricians licences for work on interval meters—Act, s 22

   s 31Cins SL2017‑33 s 6

   Endorsing electricians licences for work on distributed energy resources—Act, s 22

   s 31Dins A2023-55 s 42

   Considerations for endorsing licences

   s 32 hdgsub SL2017‑33 s 7

   s 32sub A2006‑16 amdt 1.20

   am A2008‑36 amdt 1.123; A2010‑32 s 34; A2014‑38 s 10; SL2017‑33 s 8

   Returning and replacing licences and unlicensed services

   div 5.3 hdgsub SL2017‑33 s 9

   Return of licence

   s 32A(prev s 29) reloc and renum as s 32A SL2017‑33 s 5

   Matters that may be published—Act, s 64 (1)

   s 34om A2008‑36 amdt 1.124

   Services that may be provided without licence

   s 35am A2006‑16 amdt 1.40, amdt 1.41; ss renum R8 LA; A2007‑12 amdt 1.10; A2013‑15 s 8; A2013‑31 s 67, s 68; ss renum R27 LA; A2014‑48 amdts 1.10-1.14; A2014‑53 s 28, s 29; ss renum R31 LA; A2015‑12 s 37

   Classes of asbestos assessor

   s 36Ains A2006‑16 amdt 1.42

   om A2014‑53 s 30

   Classes of asbestos removalist

   s 36Bins A2006‑16 amdt 1.42

   om A2014‑53 s 31

   Classes of building assessor

   s 37Bins A2010‑32 s 35

   Notification and review of decisions

   pt 6A hdgins A2008‑36 amdt 1.125

   Classes of gas appliance worker

   s 41Ains A2014‑38 s 11

   Reviewable decisions—Act, s 123A, def reviewable decision

   s 42Ains A2008‑36 amdt 1.125

   Right of review and notice—Act, s 123B and s 123C (a)

   s 42Bins A2008‑36 amdt 1.125

   Short descriptions and demerit points

   s 43sub A2008‑36 amdt 1.126

   am A2013‑31 s 69, s 70

   Information in report to Minister—Act, s 112

   s 44am A2008‑36 amdt 1.127

   Requirements for notices requesting skill assessment of licensees—Act, s 55A

   s 45pars renum R3 LA

   am A2005‑34 amdt 1.37

   om A2008‑36 amdt 1.128

   ins A2013‑31 s 71

   Applying, adopting or incorporating documents in statutory instruments

   s 45Ains SL2025‑11 s 8

   Meaning of licensee and occupational discipline—s 9 (1) (i)

   s 48sub A2008‑36 amdt 1.129

   Requirement to consult under s 13

   s 49om A2023-55 s 43

   Modification of Act, s 149—Act, s 152

   s 52ins SL2004‑44 s 5

   om R4 LA

   ins SL2005‑18 s 4

   exp 1 September 2005 (s 52)

   Modification of Act, pt 13, s 137 (2)—Act, s 152

   s 53ins SL2004‑44 s 5

   om A2005‑34 amdt 1.38

   Modification of Act, pt 13—Act, s 152

   s 54ins SL2004‑44 s 5

   om A2005‑34 amdt 1.38

   Modification of Act, dictionary, definition of AS 3500—Act, s 152

   s 55ins SL2004‑44 s 5

   om A2005‑34 amdt 1.38

   Transitional—Construction Occupations (Licensing) Amendment Regulation 2017 (No 1)

   pt 9 hdgins SL2017‑33 s 10

   exp 28 February 2018 (s 58)

   Meaning of authorised licensee—pt 9

   s 56ins SL2017‑33 s 10

   exp 28 February 2018 (s 58)

   Authorisations under s 31C for undecided applications

   s 57ins SL2017‑33 s 10

   exp 28 February 2018 (s 58)

   Expiry—pt 9

   s 58ins SL2017‑33 s 10

   exp 28 February 2018 (s 58)

   Asbestos assessor

   sch 1 pt 1.1A        renum as sch 1 pt 1.1

   Asbestos removalist

   sch 1 pt 1.1B        renum as sch 1 pt 1.2

   Asbestos assessor

   sch 1 pt 1.1orig sch 1 pt 1.1 renum as sch 1 pt 1.3

   (prev sch 1 pt 1.1A) ins A2006‑16 amdt 1.43

   renum R8 LA (see A2006‑16 amdt 1.45)

   am A2011‑52 amdt 3.48

   om A2014‑53 s 32

   Asbestos removalist

   sch 1 pt 1.2orig sch 1 pt 1.2 renum as sch 1 pt 1.4

   (prev sch 1 pt 1.1B) ins A2006‑16 amdt 1.43

   renum R8 LA (see A2006‑16 amdt 1.45)

   om A2014‑53 s 33

   Builder

   sch 1 pt 1.3orig sch 1 pt 1.3 renum as sch 1 pt 1.5

   (prev sch 1 pt 1.1) am SL2004‑44 s 6

   renum R8 LA (see A2006‑16 amdt 1.45)

   am A2006‑16 amdt 1.44; A2015‑12 s 38, s 39

   Building assessor

   sch 1 pt 1.3A        ins A2010‑32 s 36

   Building surveyor

   sch 1 pt 1.4orig sch 1 pt 1.4 renum as sch 1 pt 1.6

   (prev sch 1 pt 1.2) renum R8 LA (see A2006‑16 amdt 1.45)

   Drainer

   sch 1 pt 1.5orig sch 1 pt 1.5 renum as sch 1 pt 1.7

   (prev sch 1 pt 1.3) renum R8 LA (see A2006‑16 amdt 1.45)

   Electrician

   sch 1 pt 1.6orig sch 1 pt 1.6 renum as sch 1 pt 1.8

   (prev sch 1 pt 1.4) am SL2004‑44 s 7

   renum R8 LA (see A2006‑16 amdt 1.45)

   am SL2017‑33 s 11; A2023-55 s 44

   Gasfitters

   sch 1 pt 1.7(prev sch 1 pt 1.5) renum R8 LA (see A2006‑16 amdt 1.45)

   am A2023-55 s 45; SL2024‑22 ss 6-8; items renum R50 LA

   Gas appliance worker

   sch 1 pt 1.7A        ins A2014‑38 s 12

   am SL2024‑22 s 9

   Plumbers

   sch 1 pt 1.8(prev sch 1 pt 1.6) am SL2004‑44 s 8, s 9

   renum R8 LA (see A2006‑16 amdt 1.45)

   am A2006‑15 amdt 1.21; items renum R9 (see A2006‑15 amdt 1.22); A2013‑31 s 72

   Works assessors

   sch 1 pt 1.9ins A2010‑24 s 41

   sub A2010‑24 s 42

   am A2023-36 amdt 1.103; items renum R46 LA

   Demerit grounds for occupational discipline

   sch 2 hdgsub A2008‑36 amdt 1.130

   Builders licence demerit grounds for occupational discipline—Act, s 55 (1) (a)

   sch 2 pt 2.1 hdg     sub A2008‑36 amdt 1.131

   sch 2 pt 2.1am A2008‑36 amdt 1.132; A2011‑54 s 8; items renum R23 LA; A2013‑31 amdt 1.1; A2015‑12 s 40; items renum R34 LA; SL2023‑7 s 8, s 9

   Building surveyors licence demerit grounds for occupational discipline—Act, s 55 (1) (a)

   sch 2 pt 2.2 hdg     sub A2008‑36 amdt 1.133

   sch 2 pt 2.2am A2007‑26 amdts 1.96-1.102; A2008‑36 amdt 1.134; SL2010‑36 s 5; A2023-36 amdt 1.104

   Drainers licence demerit disciplinary grounds under Act, s 54 (1) (a)

   sch 2 pt 2.3 hdg     sub A2008‑36 amdt 1.135

   sch 2 pt 2.3am A2005‑34 amdts 1.39-1.42; A2008‑36 amdt 1.136; A2013‑31 amdts 1.2-1.4; SL2023‑7 s 10; items renum R45 LA

   Electricians licence demerit grounds for occupational discipline—Act, s 55 (1) (a)

   sch 2 pt 2.4 hdg     sub A2008‑36 amdt 1.137

   sch 2 pt 2.4am A2008‑36 amdt 1.138

   sub SL2023‑7 s 11

   Gasfitters licence demerit grounds for occupational discipline—Act, s 55 (1) (a)

   sch 2 pt 2.5 hdg     sub A2008‑36 amdt 1.139

   sch 2 pt 2.5am A2008‑36 amdt 1.140; A2014‑38 ss 13-15

   Plumbers licence demerit grounds for occupational discipline—Act, s 55 (1) (a)

   sch 2 pt 2.6 hdg     sub A2008‑36 amdt 1.141

   sch 2 pt 2.6am A2005‑34 amdts 1.43-1.49; A2008‑36 amdt 1.142; A2013‑31 amdts 1.5-1.11; SL2023‑7 s 12

   Plumbing plan certifiers licence demerit grounds for occupational discipline—Act, s 55 (1) (a)

   sch 2 pt 2.7 hdg     sub A2008‑36 amdt 1.143

   sch 2 pt 2.7am A2008‑36 amdt 1.144; A2013‑31 amdt 1.12

   Works assessor licence demerit grounds for occupational discipline—Act, s 55 (1) (a)

   sch 2 pt 2.7A        ins SL2010‑36 s 6

   am A2023-36 amdt 1.104

   All licences demerit grounds for occupational discipline—Act, s 55 (1) (a)

   sch 2 pt 2.8 hdg     sub A2008‑36 amdt 1.145

   sch 2 pt 2.8am A2008‑36 amdt 1.146

   Licence demerit grounds for occupational discipline under Act, s 55 (1) (other than par (a))

   sch 3 hdgsub A2008‑36 amdt 1.147

   sch 3am A2008‑36 amdt 1.148

   Reviewable decisions

   sch 4ins A2008‑36 amdt 1.149

   mod SL2009‑2 mod 2.1

   mod lapsed 17 December 2009 (SL2009‑2 mod 2.1 om by A2009‑49 amdt 1.4)

   am A2009‑49 amdt 1.13; items renum R15 LA; A2010‑32 s 37; items renum R20 LA; A2011‑52 amdt 3.49; items renum R22 LA; A2013‑31 s 73, s 74; items renum R25 LA; A2014‑2 s 21; A2014‑10 s 24; items renum R29 LA; A2014‑38 s 16; items renum R32; SL2017‑33 s 12; items renum R39 LA; A2019‑48 ss 57-59; items renum R42 LA; A2023-55 s 46; items renum R48 LA

   Dictionary

   dictam A2009‑49 amdt 3.26; SL2010‑36 s 7, s 8; A2017‑4 amdt 3.46; SL2023‑7 s 13; A2023-36 amdt 1.105

   def AS 3000 om SL2023‑7 s 14

   def AS 3017 om SL2023‑7 s 14

   def bonded asbestos ins A2006‑16 amdt 1.46

   sub A2011‑52 amdt 3.50

   om A2014‑53 s 34

   def distributed energy resource work ins A2023-55 s 47

   def electrical installation ins A2005‑34 amdt 1.50

   def fire sprinkler work sub SL2004‑44 s 10

   def friable asbestos ins A2006‑16 amdt 1.46

   om A2011‑52 amdt 3.51

   def incidental electrical work sub A2005‑34 amdt 1.51

   am SL2017‑33 s 13; A2023-55 s 48

   def interval metering work ins SL2017‑33 s 14

   def medical gasfitting work ins A2023-55 s 49

   def medical gas system ins SL2024‑22 s 10

   def medical gas technician work ins A2023-55 s 49

   def plumbing code ins SL2023‑7 s 15

   def storey ins A2017‑4 amdt 3.47

   def unit title assessment report ins SL2010‑36 s 9

2. 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– 8 Sept 2004	not amended	new regulation
R2 9 Sept 2004	9 Sept 2004– 2 Nov 2004	SL2004‑44	amendments by SL2004‑44
R3 3 Nov 2004	3 Nov 2004– 9 Mar 2005	SL2004‑44	editorial amendments under Legislation Act
R4 10 Mar 2005	10 Mar 2005– 26 July 2005	SL2004‑44	commenced expiry
R5 27 July 2005	27 July 2005– 26 Aug 2005	A2005‑34	amendments by A2005‑34
R6 27 Aug 2005	27 Aug 2005– 1 Sept 2005	SL2005‑18	amendments by SL2005‑18
R7 2 Sept 2005	2 Sept 2005– 30 June 2006	SL2005‑18	commenced expiry
R8 1 July 2006	1 July 2006– 31 Aug 2006	A2006‑24	amendments by A2006‑16 as amended by A2006‑24
R9 1 Sept 2006	1 Sept 2006– 17 Nov 2006	A2006‑24	amendments by A2006‑15
R10 18 Nov 2006	18 Nov 2006– 4 Dec 2006	A2006‑24	amendments by A2006‑16
R11 5 Dec 2006	5 Dec 2006– 30 June 2007	SL2006‑52	amendments by SL2006‑52
R12 1 July 2007	1 July 2007– 30 Mar 2008	A2007‑12	amendments by A2007‑12
R13 31 Mar 2008	31 Mar 2008– 1 Feb 2009	A2007‑26	amendments by A2007‑26
R14* 2 Feb 2009	2 Feb 2009– 16 Dec 2009	SL2009‑2	amendments by A2008‑36 and modifications by SL2009‑1
R15 17 Dec 2009	17 Dec 2009– 2 June 2010	A2009‑49	amendments by A2009‑49
R16 3 June 2010	3 June 2010– 2 Sept 2010	A2010‑18	amendments by A2010‑18
R17 3 Sept 2010	3 Sept 2010– 7 Sept 2010	A2010‑32	amendments by A2010‑24
R18 8 Sept 2010	8 Sept 2010– 17 Feb 2011	SL2010‑36	amendments by SL2010‑36
R19 18 Feb 2011	18 Feb 2011– 28 Feb 2011	SL2010‑36	amendments by A2010‑32
R20 1 Mar 2011	1 Mar 2011– 7 July 2011	SL2010‑36	amendments by A2010‑32
R21 8 July 2011	8 July 2011– 11 Dec 2011	SL2011‑36	amendments by A2010‑24
R22 12 Dec 2011	12 Dec 2011– 30 June 2012	A2011‑52	amendments by A2011‑52
R23 1 July 2012	1 July 2012– 21 May 2013	A2011‑54	amendments by A2011‑54
R24 22 May 2013	22 May 2013– 26 Aug 2013	A2013‑15	amendments by A2013‑15
R25 27 Aug 2013	27 Aug 2013– 31 Aug 2013	A2013‑31	amendments by A2013‑31
R26 1 Sept 2013	1 Sept 2013– 30 Nov 2013	A2013‑31	amendments by A2013‑31
R27 1 Dec 2013	1 Dec 2013– 5 Mar 2014	A2013‑31	amendments by A2013‑31
R28 6 Mar 2014	6 Mar 2014– 17 Apr 2014	A2014-2	amendments by A2014-2
R29 18 Apr 2014	18 Apr 2014– 19 Nov 2014	A2014-10	amendments by A2014-10
R30 20 Nov 2014	20 Nov 2014– 31 Dec 2014	A2014-48	amendments by A2014-48
R31 1 Jan 2015	1 Jan 2015– 29 Mar 2015	A2014‑53	amendments by A2014‑53
R32 30 Mar 2015	30 Mar 2015– 4 May 2015	A2014‑53	amendments by A2014-38
R33 5 May 2015	5 May 2015– 20 May 2015	SL2015-14	amendments by SL2015-14
R34 21 May 2015	21 May 2015– 6 Nov 2015	A2015‑12	amendments by A2015‑12
R35 7 Nov 2015	7 Nov 2015– 19 Aug 2016	A2015‑45	amendments by A2015‑45
R36 20 Aug 2016	20 Aug 2016– 22 Dec 2016	A2016‑44	amendments by A2016‑44
R37 23 Dec 2016	23 Dec 2016– 8 Mar 2017	SL2016-36	amendments by SL2016-36
R38 9 Mar 2017	9 Mar 2017– 30 Nov 2017	A2017‑4	amendments by A2017‑4
R39 1 Dec 2017	1 Dec 2017– 28 Feb 2018	SL2017-33	amendments by SL2017-33
R40 1 Mar 2018	1 Mar 2018– 21 Feb 2019	SL2017‑33	expiry of transitional provisions (pt 9)
R41 22 Feb 2019	22 Feb 2019– 9 Dec 2019	SL2019‑4	amendments by SL2019‑4
R42 10 Dec 2019	10 Dec 2019– 5 June 2020	A2019-48	amendments by A2019-48
R43 6 June 2020	6 June 2020– 30 June 2020	A2019-48	amendments by A2019-43
R44 1 July 2020	1 July 2020– 30 Apr 2023	A2020‑20	amendments by A2020‑20
R45 1 May 2023	1 May 2023– 26 Nov 2023	SL2023‑7	amendments by SL2023‑7
R46 27 Nov 2023	27 Nov 2023– 11 Dec 2023	A2023‑36	amendments by A2023‑36
R47 12 Dec 2023	12 Dec 2023– 10 Mar 2024	A2023-55	amendments by A2023-55
R48 11 Mar 2024	11 Mar 2024– 30 Aug 2024	A2023-55	amendments by A2023‑55
R49 31 Aug 2024	31 Aug 2024– 10 Dec 2024	SL2024‑22	amendments by SL2024‑22
R50 11 Dec 2024	11 Dec 2024– 30 June 2025	SL2024‑22	amendments by A2023-55 and SL2024‑22

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.