Construction Practitioners Registration Regulations 1998 (ACT)
Construction Practitioners Registration Regulations 1998 (repealed)
SL1998-38
made under the
Construction Practitioners Registration Act 1998
Republication No 5
Effective: 1 September 2004
Republication date: 1 September 2004
As repealed by A2004-12
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Construction Practitioners Registration Regulations 1998 (repealed), made under the Construction Practitioners Registration Act 1998, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 September 2004.
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 or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
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 Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Construction Practitioners Registration Regulations 1998 (repealed)
made under the
Construction Practitioners Registration Act 1998
Contents
Page
Name of regulations 2
Definitions for regulations 2
Construction work and prescribed law 2
Insurance for practitioners registered as building surveyors 3
5AInsurance for practitioners registered as plumbing plan certifiers 4
Categories of registration 4
Application for registration 5
Qualifications for registration 6
Annual renewal statement 6
Register of construction practitioners 7
Schedule 1Categories and qualifications of registered construction practitioners 9
Endnotes
About the endnotes 12
Abbreviation key 12
Legislation history 13
Amendment history 14
Earlier republications 15
Construction Practitioners Registration Regulations 1998 (repealed)
made under the
Construction Practitioners Registration Act 1998
Name of regulations
These regulations are the Construction Practitioners Registration Regulations 1998.
Definitions for regulations
In these regulations:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
register means the register established and maintained by the chief executive under the Act, section 11 (1).
registration means registration under the Act.
renewal statement means a statement required to be given to the chief executive under the Act, section 10 (1) (a).
Construction work and prescribed law
(1)For the Act, section 3 (1), definition of construction work, the following types of work, being work to which a prescribed law applies, are prescribed work:
(a)work on a hot water supply service;
(b)work on a sanitary drainage system;
(c)work on a sanitary plumbing system;
(d)work on a water service.
(2)For the Act, section 3 (1), definition of prescribed law, the Water and Sewerage Act 2000 and the Water and Sewerage Regulations 2000 are prescribed.
(3)In this regulation:
hot water supply service—see Australian Standard 3500 as in force on 1 March 1999.
sanitary drainage system—see Australian Standard 3500 as in force on 1 March 1999.
sanitary plumbing system—see Australian Standard 3500 as in force on 1 March 1999.
water service—see Australian Standard 3500 as in force on 1 March 1999.
Insurance for practitioners registered as building surveyors
(1)For the Act, section 3A, this regulation prescribes the particulars of insurance to be held by a person who is, or is applying to be, registered as a principal building surveyor or building surveyor, for the person to be covered by insurance.
(2)The insurance must be professional indemnity insurance that provides—
(a)indemnity against claims for breach of professional duty as a certifier; and
(b)a minimum limit of indemnity of $1 000 000 for any 1 claim; and
(c)a minimum limit of indemnity of $1 000 000 for the total of all claims against the insured made in 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)A person applying to be registered as a principal government building surveyor or government building surveyor, who is not registered, or applying to be registered, in another category, is taken to be covered by insurance for this Act, whether or not the person holds insurance mentioned in subregulation (2).
(4)A person registered as a principal government building surveyor or government building surveyor, who is not registered, or applying to be registered, in another category, is taken to be covered by insurance for this Act when the person is doing work as a government certifier, whether or not the person holds insurance mentioned in subregulation (2).
(5)In this regulation:
costs and expenses, for subregulation (2) (d), means costs and expenses incurred with the insurer’s consent.
government certifier—see the Building Act 1972, section 29A.
5AInsurance for practitioners registered as plumbing plan certifiers
For the Act, section 3A, the insurance to be held by a person who is, or is applying to be, registered as a plumbing plan certifier must be professional indemnity insurance that provides—
(a)indemnity against claims for breach of professional duty as a certifier; and
(b)a minimum limit of liability of $1 000 000 for each period of insurance.
Categories of registration
A category of registration set out in schedule 1, column 2 is a category of registration for the Act, section 4.
Application for registration
(1)For the Act, section 5 (2) (e), an application for registration shall contain the following information in relation to the applicant:
(a)full name;
(b)date of birth;
(c)residential address;
(d)business address;
(e)postal address;
(f)business telephone number;
(g)if employed in work involving construction work—the name of the employer;
(h)if practising in a partnership involved in construction work—the name (if any) of the partnership;
(i)if practising work involving construction work on his or her own account—any business name used;
(j)details of any relevant training completed or undertaken;
(k)details of any relevant experience.
(2)For the Act, section 5 (2) (f), an application for registration shall be accompanied by the following documents:
(a)if the applicant has not been convicted of an offence involving fraud or dishonesty—a statement to that effect;
(b)if the applicant has been convicted of an offence involving fraud or dishonesty—a statement setting out details of the convictions;
(c)documents evidencing any relevant training the applicant has completed or undertaken;
(d)documents evidencing any relevant experience of the applicant.
Qualifications for registration
For the Act, section 6, the qualifications required in relation to a category of registration are the qualifications described in schedule 1, column 3 in the item that relates to that category of registration.
Annual renewal statement
For the Act, section 10 (1) (a), a renewal statement shall contain the following particulars in relation to the applicant:
(a)full name;
(b)residential address;
(c)business address;
(d)postal address;
(e)business telephone number;
(f)if employed in work involving construction work—the name of the employer;
(g)if practising in a partnership involved in construction work—the name (if any) of the partnership;
(h)if practising work involving construction work on his or her own account—any business name used;
(i)if the applicant has not been convicted of an offence involving fraud or dishonesty since the day of registration or lodgment of the last renewal statement, whichever is the later—a statement to that effect;
(j)if the applicant has been convicted of an offence involving fraud or dishonesty since the day of registration or lodgment of the last renewal statement, whichever is the later—a statement setting out details of the convictions.
Register of construction practitioners
For the Act, section 11 (2) (a) (i), the register shall contain the following particulars in relation to each registration of each construction practitioner so far as they are known, to the chief executive:
(a)the full name of the practitioner;
(b)an address where the practitioner may be contacted during business hours;
(c)a postal address for the practitioner;
(d)a telephone number at which the practitioner may be contacted during business hours;
(e)if the practitioner is employed in work involving construction work—the name of the employer;
(f)if the practitioner is practising in a partnership involved in construction work—the name (if any) of the partnership;
(g)if the practitioner is practising work involving construction work on his or her own account—any business name used;
(h)each category of registration for which the practitioner is registered;
(i)if the registration or any category of the registration has been cancelled—the date of the cancellation;
(j)if the registration or any category of the registration has been suspended—the dates of beginning and ending of the suspension;
(k)any condition imposed on the registration;
(l)the date when the registration was granted;
(m)for a construction practitioner who is not a principal government building surveyor or government building surveyor, the name of each insurer of the practitioner who provides insurance mentioned in the Act, section 3A.
Schedule 1Categories and qualifications of registered construction practitioners
(see reg 6 and reg 8)
| column 1 item | column 2 category | column 3 qualifications |
| 1 | principal building surveyor | either of the following: (1) registration by The Institution of Engineers, Australia on the national professional engineers register in the area of practice of ‘principal certifier—building’ (2) accreditation as a building surveyor by the Australian Institute of Building Surveyors (ACN 004 540 836) |
| 2 | building surveyor | accreditation as an assistant building surveyor by the Australian Institute of Building Surveyors (ACN 004 540 836) |
| 3 | plumbing plan certifier | either of the following: (1) (a) registration by The Institution of Engineers, Australia on the national professional engineers register in the area of practice of ‘building services’; and (b) statement of competency in hydraulic systems from The Institution of Engineers, Australia; |
| (2) (a) sanitary plumber’s licence under the Plumbers, Drainers and Gasfitters Board Act 1982; and (b) advanced sanitary drainer’s licence under the Plumbers, Drainers and Gasfitters Board Act 1982; and (c) statement evidencing satisfactory completion of the course titled ‘backflow prevention’ offered by the Canberra Institute of Technology or an equivalent course; and (d) after the grant of the licences referred to in (a) and (b), 3 years experience as a sanitary plumber or advanced sanitary drainer | ||
| 4 | principal government building surveyor | either of the following: (1) registration by The Institution of Engineers, Australia on the national professional engineers register in the area of practice of ‘principal certifier—building’ (2) accreditation as a building surveyor by the Australian Institute of Building Surveyors (ACN 004 540 836) |
| 5 | government building surveyor | accreditation as an assistant building surveyor by the Australian Institute of Building Surveyors (ACN 004 540 836) |
Endnotes
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 and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
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.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph cl = clause pres = present def = definition prev = previous dict = dictionary (prev...) = previously disallowed = disallowed by the Legislative pt = part Assembly r = rule/subrule div = division reg = regulation/subregulation exp = expires/expired renum = renumbered Gaz = Gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
These regulations were originally the Construction Practitioners Registration Regulations. They were renamed as the Construction Practitioners Registration Regulations 1998 by the Construction Practitioners Registration Regulations Amendment 2001 No 4 (see reg 3).
Construction Practitioners Registration Regulations 1998 No 38
notified 18 December 1998 (Gaz 1998 No S214)
commenced 18 December 1998 (reg 2 and see Gaz 1998 No S213)
as amended by
Utilities (Consequential Provisions) Act 2000 No 66 sch 2 pt 2
notified 20 December 2000 (Gaz 2000 No S68)
s 1, s 2 commenced 20 December 2000 (IA s 10B)sch 2 pt 2 commenced 1 January 2001 (s 2 (1) and Gaz 2000 No S69)
Construction Practitioners Registration Regulations Amendment 2001 No 4
notified 15 February 2001 (Gaz 2001 No 7)
reg 1 commenced 15 February 2001 (IA s 10B)remainder commenced 15 February 2001 (reg 1 and see Gaz 2001 No 7)
Legislation (Consequential Amendments) Act 2001 No 44 pt 74
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 74 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Construction Practitioners Registration Amendment Regulations 2002 (No 1) SL2002-25
notified LR 17 September 2002
reg 1, reg 2 commenced 17 September 2002 (LA s 75 (1))remainder commenced 18 September 2002 (reg 2)
Construction Practitioners Registration Amendment Regulations 2002 (No 2) SL2003-2
notified LR 16 January 2003
reg1, reg 2 commenced 16 January 2002 (LA s 75 (1))remainder commenced 17 January 2002 (reg 2)
Construction Practitioners Legislation Amendment Act 2003
A2003-19 pt 4
notified LR 19 May 2003
s 1, s 2 commenced 19 May 2003 (LA s 75 (1))pt 4 commenced 9 June 2003 (s 2 and CN2003-5)
as repealed by
Construction Occupations (Licensing) Act 2004 A2004-12 s 132
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))s 132 commenced 1 September 2004 (s 2 and CN2004-8)
Amendment history
Name of regulations
reg 1sub 2001 No 4 reg 3
Commencement
reg 2om Act 2001 No 44 amdt 1.798
Definitions for regulations
reg 3def Act om Act 2001 No 44 amdt 1.799
Construction work and prescribed law
reg 4am Act 2000 No 66 sch 2 pt 2
Insurance for practitioners registered as building surveyors
reg 5sub 2001 No 4 reg 4
am 2002 No 25 reg 4; A2003-19 s 12
Insurance for practitioners registered as plumbing plan certifiers
reg 5Ains 2001 No 4 reg 4
Register of construction practitioners
reg 10am 2002 No 25 reg 5; A2003-19 s 13
Categories and qualifications of registered construction practitioners
sch 1(prev sch) renum R1 LA
am SL2003-2 reg 4; A2003-19 s 14
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. Except for the footer, electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Act 2001 No 44 5 August 2002 2 SL2002-25 18 September 2002 3 SL2003-2 17 January 2003 4 A2003-19 9 June 2003
© Australian Capital Territory 2004
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