South Australian Consolidated Acts

BUILDING WORK CONTRACTORS ACT 1995 - SECT 62

62—Regulations

        (1)         The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

        (2)         Without limiting the generality of subsection (1), the regulations may—

            (a)         require licensed building work contractors or registered building work supervisors to comply with a code of conduct or practice;

            (b)         fix fees to be paid in respect of any matter under this Act and provide for the recovery, refund, waiver or reduction of such fees;

            (c)         require councils and other local government authorities to provide prescribed information to the Commissioner at prescribed intervals;

            (d)         prescribe or prohibit any matter or thing relating to preliminary work contracts (as defined in Part 5);

            (e)         exempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act;

            (f)         impose a penalty (not exceeding a fine of $2 500) for contravention of, or non-compliance with, a regulation.

        (3)         Regulations under this Act—

            (a)         may be of general application or limited application;

            (b)         may make different provision according to the matters or circumstances to which they are expressed to apply;

            (c)         may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Minister.

        (4)         Regulations under this Act made for the purposes of Part 5 or provisions of that Part may be expressed to apply in relation to periods before or after the commencement of that Part.

        (5)         The regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time.

        (6)         If a code is referred to in the regulations—

            (a)         a copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and

            (b)         evidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.