Building Work Contractors Act 1995 (SA)

South Australia Building Work Contractors Act 1995 An Act to regulate building work contractors and the supervision of building work; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Non-derogation 5 Commissioner responsible for administration of Act Part 2—Licensing of building work contractors 6 Obligation of building work contractors to be licensed 7 Classes of licence 8 Application for licence 9 Entitlement to be licensed 10 Reviews 10A Power of Commissioner to require photograph and information 11 Duration of licence and periodic fee and return etc Part 3—Registration of building work supervisors 12 Building work must be supervised by registered and approved supervisors 13 Classes of registration 14 Certain people registered under other Acts taken to be registered 15 Application for registration 16 Entitlement to be registered 17 Reviews 17A Power of Commissioner to require photograph and information 18 Duration of registration and periodic fee and return etc 19 Approval as building work supervisor in relation to licensed building work contractor's business Part 3A—Suspension or variation of licence or registration in urgent circumstances 19A Commissioner may suspend or impose conditions on licence or registration in urgent circumstances Part 3B—Cancellation, suspension or variation of licence or registration 19B Commissioner may cancel, suspend or impose conditions on licence or registration Part 4—Discipline of building work contractors, supervisors and building consultants 20 Interpretation of Part 21 Cause for disciplinary action 22 Complaints 23 Hearing by Tribunal 24 Participation of assessors in disciplinary proceedings 25 Disciplinary action 26 Contravention of orders Part 5—Provisions with respect to domestic building work Division 1—Requirements in relation to certain domestic building work contracts 27 Application of Division 28 Formal requirements in relation to domestic building work contracts 29 Price and domestic building work contracts 30 Payments under or in relation to domestic building work contracts 31 Exhibition houses Division 2—Statutory warranties 32 Statutory warranties Division 3—Building indemnity insurance 33 Application of Division 34 Requirements of insurance 35 Nature of the policy Division 4—Right to terminate certain domestic building work contracts 36 Right to terminate certain domestic building work contracts Division 5—Powers of court in relation to domestic building work 37 Powers of court in relation to domestic building work Division 6—Harsh and unconscionable terms 38 Harsh and unconscionable terms Division 7—Participation of assessors in proceedings 39 Participation of assessors in proceedings Division 8—Magistrates Court and substantial monetary claims 40 Magistrates Court and substantial monetary claims Part 7—Miscellaneous 42 No exclusion etc of rights, conditions or warranties 43 Delegations 44 Agreement with professional organisation 45 Exemptions 46 Registers 47 Commissioner and proceedings before Tribunal 48 False or misleading information 49 Name in which building work contractor may carry on business 50 Publication of advertisements 51 Licensed building work contractor to have sign showing name etc on each building site 52 Statutory declaration 53 Investigations 54 General defence 55 Liability for act or default of officer, employee or agent 57 Continuing offence 58 Prosecutions 59 Evidence 60 Service of documents 61 Annual report 62 Regulations Schedule 2—Appointment and selection of assessors for Magistrates Court or District Court proceedings under Part 5 Schedule 3—Transitional provisions 2 Transitional Legislative history