South Australian Consolidated Acts

BUILDING WORK CONTRACTORS ACT 1995 - SCHEDULE 3

Schedule 3—Transitional provisions

2—Transitional

        (1)         Subject to this Act, a licence in force under the repealed Act immediately before the commencement of this clause continues in force as a licence subject to the same licence conditions (if any).

        (2)         Subject to this Act, registration in force under the repealed Act immediately before the commencement of this clause continues in force as registration subject to the same conditions of registration (if any).

        (3)         If a licence or registration in force under the repealed Act immediately before the commencement of this clause authorises the performance or supervision of building work within a specified trade only, the licence or registration will, for the purposes of this Act, be taken to be subject to conditions limiting the work that may be performed or supervised under the authority of the licence or registration to work within that trade (subject to variation or revocation of those conditions by the Commissioner under this Act).

        (4)         Subject to this Act, an exemption in force under section 14 of the repealed Act immediately before the commencement of this clause continues as a corresponding exemption by the Commissioner for the purposes of this Act subject to the same conditions of exemption (if any).

        (5)         Subject to this Act, approval of a registered building work supervisor in relation to a licensed builder's business in force under section 18 of the repealed Act immediately before the commencement of this clause continues as a corresponding approval by the Commissioner for the purposes of this Act.

        (6)         If an order or decision of the Commercial Tribunal is in force or continues to have effect under Part 4 of the repealed Act immediately before the commencement of this clause, the order or decision has effect as if it were an order of the District Court under Part 4 of this Act.

        (6a)         If a person—

            (a)         who was disqualified from being licensed or registered under the repealed Act immediately before the commencement of this Act; and

            (b)         who remains disqualified at the commencement of this subclause,

is employed or otherwise engaged in the business of a building work contractor during the period of that disqualification, both that person and the building work contractor are guilty of an offence.

Maximum penalty: $5 000.

        (6b)         Subclause (6a) applies after its commencement, whether the contract of employment or other engagement was entered into before or after its commencement.

        (7)         The Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Schedule, to the repeal of the Builders Licensing Act 1986 .