New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 33E

33E Additional requirements for obtaining endorsed contractor licenses and supervisor and tradesperson certificates relating to mechanical services and medical gas work

(1) A tradesperson certificate must not be issued that authorises its holder to do mechanical services and medical gas work unless the Secretary is satisfied that the applicant--

(a) has successfully completed one of the following VET qualifications--

(i) Certificate III in Plumbing (Mechanical Services),

(ii) Certificate III in Plumbing, and

(b) has successfully completed the following units of competency in the Construction, Plumbing and Services Training Package--

(i) Install and test medical gas pipeline systems,

(ii) Carry out WHS requirements, and

(c) has not less than 2 years of experience in mechanical services and medical gas work.

(1A) A supervisor certificate must not be issued, and a contractor licence must not be endorsed to show that it is the equivalent to a supervisor certificate, that authorises its holder to do (and to supervise) mechanical services and medical gas work unless the Secretary is satisfied that the applicant--

(a) has successfully completed the VET qualification Certificate IV in Plumbing, and

(b) has successfully completed the following units of competency in the Construction, Plumbing and Services Training Package--

(i) Install and test medical gas pipeline systems,

(ii) Carry out WHS requirements, and

(c) has not less than 2 years of experience in mechanical services and medical gas work.

(1B) However, if the Secretary is satisfied of either of the following in relation to an applicant for an authority referred to in subsection (1) or (1A), the Secretary may issue the authority subject to a condition that the holder must not do medical gasfitting work--

(a) the applicant has not successfully completed--

(i) for a tradesperson certificate--the units of competency referred to in subsection (1)(b), or

(ii) for a supervisor certificate or endorsed contractor licence--the units of competency referred to in subsection (1A)(b),

(b) the applicant has less than 2 years of experience in medical gasfitting work.

Note--: The authority conferred by a supervisor or tradesperson certificate or an endorsed contractor licence is subject to the conditions applicable to the authority. See sections 27 and 28.

(1C) The holder of an authority subject to a condition under subsection (1B) must comply with the condition.

: Maximum penalty--

(a) for a corporation--1,000 penalty units, or

(b) otherwise--200 penalty units.

(1D) Subsection (1C) does not affect section 36.

(2) A reference in this section to a VET qualification or a unit of competency includes a reference to a qualification or unit that replaces that qualification or unit.

(3) In this section--

"VET qualification" has the same meaning as in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.