Construction Practitioners Registration Amendment Act 2000 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Construction Practitioners Registration Amendment Act 2000

No 83 of 2000

An Act to amend the Construction Practitioners Registration Act 1998

[Notified in ACT Gazette S69: 21 December 2000]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Construction Practitioners Registration Amendment Act 2000.

2. Commencement

   This Act commences on a day fixed by the Minister by notice in the Gazette.

Note 1   The provisions of an Act providing for its name and commencement automatically commence on the date of notification of the Act (see Interpretation Act 1967, s 10B).

Note 2   A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Interpretation Act 1967, s 10C (1)).

Note 3   If a provision has not commenced within 6 months beginning on the date of notification of the Act, it automatically commences on the first day after that period (see Interpretation Act 1967, s 10E (2)).

1. Act amended

   This Act amends the Construction Practitioners Registration Act 1998.

2. Interpretation

   Section 3 is amended—

(a)by omitting the heading and substituting the following heading:

“3      Definitions for Act”; and

(b)by omitting from subsection (1) “(1)    In this Act, unless the contrary intention appears—” and substituting “In this Act:”; and

(c)by omitting subsection (2).

1. Insertion

   After section 3 the following section is inserted in Part 1:

“3A    When a person is covered by insurance

“For this Act, a person is covered by insurance if the person holds insurance in accordance with the regulations.”.

1. Substitution

   Section 27 is repealed and the following section substituted:

“27     Limitation of liability for building actions

“(1)    A building action may not be brought more than 10 years after—

(a)if a certificate of completion of the relevant building work has been given under paragraph 40 (1) (g) of the Building Act 1972—the giving of the certificate; or

(b)if paragraph (a) does not apply, but the certifier has, in the course or on completion of the building work, inspected it—the day when the last inspection took place; or

(c)if neither paragraph (a) nor paragraph (b) applies—the day when the relevant building was first occupied or used.

“(2)    If a certifier has given, in relation to the building work, a notice under section 32 of the Building Act 1972 that his or her appointment as certifier has ceased or been revoked or relinquished, a building action in relation to the relevant building work may not be brought against the certifier more than 10 years after the giving of the notice.

“(3)    Subsections (1) and (2) do not apply to a building action for which another limitation period is prescribed by a Territory law that is less than the limitation period applying to the action under those subsections.

“(4)    In this section:

building, in relation to building work that consists of, or includes, the alteration of a building, means the building as altered.”.

Endnote

1. Act 1998 No 53 (not republished).

[Presentation speech made in Assembly on 18 October 2000]

© Australian Capital Territory 2000