Occupational Licensing Act 2005 (Tas)

Occupational Licensing Act 2005

An Act to ensure that contractors, practitioners and other persons engaged in certain occupations, trades or callings are appropriately qualified, licensed and regulated to perform their work safely and in accordance with established benchmarks, to promote safety, to provide for the investigation of incidents in those activities, to amend the Building Act 2000 and the Electricity Industry Safety and Administration Act 1997 and to repeal the Plumbers and Gas-fitters Registration Act 1951 [Royal Assent 24 November 2005]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Occupational Licensing Act 2005 .

2. Commencement The provisions of this Act commence on a day or days to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – Administrator means the person appointed by the Minister as the Administrator of Occupational Licensing under section 10 ; approved means approved by the Administrator; approved authority means a local authority, statutory authority or any body or organisation, whether incorporated or not, that is approved by the Administrator for the purposes of this Act in respect of an occupation, trade or calling to which this Act applies; authorised officer means – (a) the Administrator; or (b) a person who is appointed under section 16 as an authorised officer; Board means the Occupational Licensing Advisory Board established under section 14 ; body corporate includes a corporation within the meaning of the Corporations Act; building services licence means – (a) a licence issued and in force in accordance with Division 3A of Part 4 ; or (b) a licence held by a person by virtue of holding deemed registration; building services provider means a person who is the holder of a building services licence; building services work means any prescribed work that is – (a) prescribed in the regulations as building services work; and (b) not excluded from the application of this Act by the regulations; code of practice means a code of practice established under section 53 ; continuing professional development has a meaning given by section 4 ; contractor means the holder of a contractor's licence, or a person who is the holder of a contractor's licence by virtue of holding deemed registration, who – (a) enters into a contract to carry out any prescribed work; or (b) employs another person to carry out any prescribed work; or (c) has the management or control of any other person carrying out any prescribed work; contractor's business means a business involving entering into a contract or contracts to carry out prescribed work; contractor's licence means – (a) a contractor's licence issued and in force in accordance with Division 2 of Part 4 ; or (b) a licence held by a person by virtue of holding deemed registration; deemed registration means an entitlement to automatic deemed registration, within the meaning of the Mutual Recognition Act 1992 of the Commonwealth; defective work means – (a) any work that does not comply with a code of practice; or (b) any work where the materials, tools or equipment used are faulty or unsuitable for the purposes of the work; or (c) any work that has been left in an incomplete and unsafe condition; or (d) any other work that is determined to be defective work under a code of practice or in accordance with the regulations; director has the same meaning as in section 9 of the Corporations Act; document means any record of information, and includes – (a) anything on which there is writing; and (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and (d) a map, plan, drawing or photograph – and a reference in this Act to a document includes a reference to – (e) any part of the document; and (f) any copy, reproduction or duplicate of the document or of any part of the document; and (g) any part of such a copy, reproduction or duplicate; fit and proper, in the case of a contractor, practitioner, building services provider or other person who is subject to this Act, means fit and proper as defined in a code of practice relevant to that contractor, practitioner, building services provider or other person; Fund means the Occupational Licensing Administration Fund established under section 96 ; licence means – (a) an authority granted and in force under this Act to carry out any prescribed work; or (b) a document that evidences that authority; or (c) any such authority or document continued in force under this Act; or (d) an entitlement to carry out any prescribed work by virtue of holding deemed registration; or (e) a document that evidences the holding of that entitlement to hold deemed registration; licensed entity means a body corporate, partnership or council that holds a building services licence in accordance with section 37C ; licensed person, of a licensed entity, means – (a) in the case of a body corporate that is a licensed entity, a director of the body corporate who holds a building services licence as an individual; or (b) in the case of a partnership that is a licensed entity, a partner of the partnership who holds a building services licence as an individual; or (c) in the case of a council that is a licensed entity, a person employed or engaged by the council who holds a building services licence as an individual; National Construction Code means the National Construction Code series published by the Australian Building Codes Board, as amended or substituted from time to time; nominated manager means a person who is named in a licence or a notice under section 26 as a nominated manager; owner – see section 3A ; owner builder means a person who holds an owner builder permit; owner builder permit means a permit issued under Part 3A ; practitioner means a person who is the holder of a licence, including a person who is the holder of licence by virtue of holding deemed registration, authorising him or her to carry out any prescribed work other than building services work; premises includes – (a) land and a structure, building, caravan, vehicle or vessel, whether temporary or not and whether under construction or not; and (b) a place, whether enclosed or built on or not and whether on, within, over or under land or water; and (c) a part of premises, including premises referred to in paragraph (a) or (b) ; prescribed work means any work that is – (a) usually carried out in the course of an occupation, trade or calling to which this Act applies; and (b) determined by the regulations to be prescribed work; and (c) not excluded from the application of this Act by the regulations; regulations means regulations made and in force under this Act; representation means an express or implied representation; standard means a standard issued by a standards authority; standards authority means Standards Australia International Limited, the British Standards Institution, the International Organization for Standardization, the American National Standards Institute, Standards New Zealand or any other similar authority approved by the Administrator; statutory authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the Royal Prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority but does not include a Government department; supervision means supervision within the meaning of a code of practice. (2) A reference in this Act to an approved course of training in respect of any prescribed work includes a course of training undertaken for the purposes of a qualification or statement of attainment in accordance with the Australian Qualifications Framework within the meaning of the Training and Workforce Development Act 2013 . (3) Unless the contrary intention appears, an expression used in this Act that is defined in the Building Act 2016 has the same meaning in this Act as in section 4 of the Building Act 2016 . (4) A reference in this Act to the class of a building is a reference to that class as set out in the National Construction Code.