Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
PART 2 -- Prohibitions in relation to unregistered persons
Division 1 -- Use of titles and representations as to registration
4. Restriction on use of titles
5. Claims as to registration
6. Advertising entitlement to carry out prescribed building service when not registered
Division 2 -- Prohibitions in respect of carrying out prescribed building service
7. Carrying out prescribed building service when not registered
Division 3 -- Advertisements by building service contractors
8. Advertisements by building service contractor
PART 3 -- Registration of building service providers
Division 1 -- Grant or renewal of registration
9. Classes of building service practitioner and building service contractor
10. Effect of registration as building service practitioner
11. Effect of registration as building service contractor
12. Duration of registration
13. Application for registration or renewal
14. Further information
15. Timing of application for renewal
16. Application for registration by a person whose registration has been cancelled
17. Registration of building service practitioners
18. Registration of building service contractors
19. Notice of decision
20. Registration certificate
Division 2 -- Nominated supervisors
21. Nominated supervisor for building service contractor
22. Effect of not having nominated supervisor
Division 3 -- Conditions on registration
23. Conditions generally
24. Conditions imposed by Board
25. Compliance with conditions
Division 4 -- Amendment, suspension or cancellation of registration
26. When Board may amend, suspend or cancel registration
27. Suspension of registration: effect
28. Revocation of suspension
Division 5 -- Register
29. The register
30. Inspection of register
31. Board to provide register information
Division 6 -- Offences in relation to registration
32. Notification of change of address
33. Notification of change in eligibility
34. Notification of financial difficulty
35. Notification of certain offences
36. Notification of disciplinary action
37. Return of registration certificate
PART 4 -- Owner-builder approvals
Division 1 -- Preliminary
38. Terms used
39. Meaning of owner
40. When owner-builder approval may be applied for
41. Application by more than one person
42. Approval issued to more than one person
Division 2 -- Grant of approval
43. Application for owner-builder approval
44. Further information
45. Decision on application for approval
46. Duration of approval
Division 3 -- Conditions on approval
47. Conditions of owner-builder approval
48. Conditions imposed by Board
49. Compliance with conditions
Division 4 -- Role of Board in respect of complaint about owner-builder
50. Grounds for cancellation of approval
51. Board to decide what action to take in respect of complaint forwarded by Building Commission
PART 5 -- Disciplinary matters -- registered building service providers
Division 1 -- Preliminary
52. Application of Part
53. Disciplinary matters
54. Relationship with other legislation
Division 2 -- Interim disciplinary orders
55. Interim disciplinary orders
Division 3 -- Role of Board
56. Board to decide what action to take in respect of complaint forwarded by Building Commissioner
57. Board may deal with certain complaints
Division 4 -- Proceedings in State Administrative Tribunal
58. Jurisdiction of State Administrative Tribunal
59. Disciplinary action against nominated supervisor or officer of building service contractor
60. Declaration of ineligible person
61. State Administrative Tribunal to provide information to Building Commissioner
62. Board may notify certain persons if registration suspended or cancelled
63. Other remedies not affected
PART 6 -- Review
64. Review by State Administrative Tribunal of certain decisions
PART 7 -- Building Services Board
Division 1 -- Establishment
65. Board established
66. Status
67. Membership of Board
68. Remuneration and allowances
Division 2 -- Functions and powers
69. Functions
70. Powers
71. Delegation by Board
Division 3 -- Staff and services
72. Staff and services
Division 4 -- Relationship of Board with Minister
73. Directions by Minister
74. Minister to have access to information
Division 5 -- Constitution and proceedings of the Board
Subdivision 1 -- General provisions
75. Term of office
76. Casual vacancies
77. Deputy chairperson acting as chairperson
78. Alternate members
79. Holding meetings
80. Quorum
81. Presiding at meetings
82. Procedure at meetings
83. Voting
84. Inviting consultant to participate in meeting
85. Holding meetings remotely
86. Resolution without meeting
87. Minutes
88. Committees
Subdivision 2 -- Disclosure of interests
89. Disclosure of interest
90. Voting by interested Board member
91. Section 90 may be declared inapplicable
92. Quorum where section 90 applies
93. Minister may declare sections 90 and 92 inapplicable
Division 6 -- General
94. Information to be provided to Building Commissioner annually
95. Moneys to be credited to Building Services Account
96. Execution of documents by the Board
PART 8 -- General provisions
97. Offences by bodies corporate -- liability of directors and others
98. Protection from liability
99. False or misleading information
100. Confidentiality of information
101. When a prosecution can be commenced
102. Prosecutions
103. Evidentiary matters
104. Regulations
105. Review of Act
PART 9 -- Repeal, savings, transitional and other provisions
Division 1 -- General
106. Interpretation Act 1984 not affected
Division 2 -- Repeal
107. Builders’ Registration Act 1939 repealed
108. Painters’ Registration Act 1961 repealed
109. Builders’ Registration Regulations repealed
110. Painters’ Registration (Infringement Notices) Regulations 2006 repealed
111. Painters’ Registration Board Rules 1962 repealed
112. Local Government (Building Surveyors) Regulations 2008 repealed
Division 3 -- Savings and transitional matters
Subdivision 1 -- Builders
113. Terms used
114. Registration continues
115. Existing applications for registration
116. Allegations of cause for disciplinary action made by former Board
117. Disciplinary action: persons registered under repealed Act
118. Devolution of assets and liabilities of former board
119. Members of former board
120. Staff of former board
121. Reporting in respect of former board
122. Completion of things commenced
123. Continuing effect of things done
124. Agreements and instruments generally
Subdivision 2 -- Painters
125. Terms used
126. Painting commenced before commencement day
127. Registration continues
128. Existing applications for registration
129. Allegations of cause for disciplinary action made by former board
130. Disciplinary action: persons registered under repealed Act
131. Devolution of assets and liabilities of former board
132. Members of former board
133. Staff of former board
134. Reporting in respect of former board
135. Completion of things commenced
136. Continuing effect of things done
137. Agreements and instruments generally
Subdivision 3 -- Building Surveyors
138. Terms used
139. Registration of certificate holders
140. Existing applications for certificate
141. Members of former committee
142. Records of former committee
143. Agreements and instruments generally
Subdivision 4 -- General provisions
144. Registration of documents
145. Exemption from State tax
146. Transitional regulations
PART 10 -- Consequential amendments
Division 1 -- Home Building Contracts Act 1991 amended
147. Home Building Contracts Act 1991 amended
148. Section 3 amended
149. Section 25A amended
150. Section 25B amended
151. Section 25F amended
152. Section 25FA amended
153. Section 25G amended
154. Section 31B amended
Division 2 -- Other Acts amended
155. Constitution Acts Amendment Act 1899 amended
156. Local Government (Miscellaneous Provisions) Act 1960 amended
157. Sentencing Act 1995 amended
158. State Administrative Tribunal Act 2004 amended
159. Travel Agents Act 1985 amended
[Assented to 22 June 2011]