Table Of Contents

Contents (2005 - 47)

1. Short title

2. Commencement

3. Interpretation

3A. Meaning of owner

4. Meaning of continuing professional development

5. Objects of Act

6. Crown to be bound

7. Application of Act to occupations, trades and callings

8. Act not to affect laws relating to mutual recognition

9. Application of other Acts

Part 2 - Administration

Division 1 - Administrator of Occupational Licensing

10. Administrator

11. General functions of Administrator

12. Assistance to Administrator

13. Power to obtain information

Division 2 - Occupational Licensing Advisory Board

14. Occupational Licensing Advisory Board

Division 3 - Delegation

15. Delegation of Administrator's functions

Division 4 - Authorised officers

16. Appointment of authorised officers

17. Entry to premises

18. Warrant to enter premises

19. Powers of authorised officers

20. Offences relating to authorised officers

Part 3 - Duties of Persons Relating to Prescribed Work

21. Obligation to hold contractor's licence

22. Obligation to hold practitioner's licence

22A. Obligation to hold building services licence

23. Duties of licence holders and nominated managers relating to prescribed work

24. Duties of owners and occupiers relating to prescribed work

25. Duties of licence holders

26. Obligation to ensure that contractor's business is properly managed

27. Insurance for licence holders

28. Insurance cover for contractors

29. Offences relating to insurance cover

Part 3A - Permits for owner builders

29A. Building work for which an owner builder permit may be issued

29B. Eligibility for owner builder permit

29C. Application for owner builder permit

29D. Determination of applications for owner builder permit

29E. Cancellation of owner builder permit

29F. Insurance for owner builders

Part 4 - Licensing of Contractors, Practitioners and Building services providers

Division 1 - Preliminary

30. Classes of prescribed work

31. Competencies and requirements

32. Publication of determinations and amendments

Division 2 - Contractors' licences

33. Application for contractor's licence

34. Determination of application

34A. Deemed registration of contractors

35. Enforceability of contracts

Division 3 - Practitioners' licences

36. Application for practitioner's licence

37. Determination of application

37AA. Deemed registration of practitioners

Division 3A - Building services licences

37A. Application for building services licence

37B. Determination of application

37C. Certain organisations may apply for building services licence

37D. Continuation of building services licence held by certain organisations

37E. Deemed registration of holder of building services licence

Division 4 - Offences related to occupational licensing

38. Offences

39. Vicarious liability

Division 5 - General provisions about licences

40. Power to add, &c., conditions of licence

41. Certificate of identification

42. Term of licence

43. Renewal of licence

44. Surrender of licence

45. Duplicate certificate of identification

46. Cancellation of licence

47. Production of certificate of identification

48. Licence not transferable

Division 6 - Registers

49. Registers

50. Access to registers

51. Security of information in registers

52. Administrative guidelines

Part 5 - Codes of Practice

53. Codes of practice

54. Certification of prescribed work

Part 6 - Regulation of Prescribed Work

Division 1 - Inspection, investigation and rectification of prescribed work

55. Inspection and investigation of prescribed work

56. Appointment of investigator

57. Power to make rectification order

Division 2 - Emergency powers

58. Powers of authorised officers in emergency

Division 3 - Complaints

59. Complaints

60. Notification of complaint

61. Investigation of complaints

Division 4 - Infringement notices

62. Infringement notices

63. Repealed

64. Repealed

65. Repealed

66. Repealed

67. Repealed

68. Repealed

69. Repealed

Division 5 - Repealed

70. Repealed

71. Repealed

72. Repealed

73. Repealed

74. Repealed

75. Repealed

76. Repealed

77. Repealed

78. Repealed

Part 7 - Review of decisions

79. Reviewable decisions

80. Application for review of decision

81. Review of decisions

Part 8 - Appeals

82. Appeal to Magistrates Court (Administrative Appeals Division)

83. Exclusion of right of appeal against certain determinations

84. Enforcement of determination

Part 9 - Legal and Disciplinary Proceedings

Division 1 - Legal proceedings

85. Time for commencing prosecutions

86. Evidentiary provisions

87. Offences by corporations and partnerships, &c.

88. Enforcement of undertakings

Division 2 - Disciplinary proceedings

89. Interpretation

90. Proper cause for disciplinary action

91. Notice of intent to take disciplinary action

92. Disciplinary panels

93. Disciplinary action

94. Constitution, meetings and procedure of disciplinary panels

Part 10 - Financial Provisions

95. Recovery of fees, fines and costs

96. Payments to approved authorities or Occupational Licensing Administration Fund

Part 11 - Miscellaneous and Supplemental

97. Confidentiality

98. Contractors to keep register

99. Exemptions

100. Repealed

101. Immunity from liability

102. Assistance from police officers

103. Regulations

104. Transitional and savings provisions

105. Administration of Act

106. Consequential amendments

107. Act repealed

108. Statutory Rule rescinded

109. Further Statutory Rules rescinded

Schedule 1 - Repealed

Schedule 2 - Occupations, Trades and Callings to Which this Act Applies

Part 1 - Performance of electrical work

Part 2 - Performance of gas-fitting work

Division 1 - Domestic, commercial or industrial

Division 2 - Automotive gas systems

Part 3 - Performance of plumbing work

Part 4 - Performance of building services work

Schedule 3 - Acts Continuing to have Effect

Schedule 4 - Constitution, Membership and Meetings of Board

Schedule 5 - Transitional and Savings Provisions

Part 1 - Provisions relating to

Part 2 - Provisions relating to

Part 3 - Provisions relating to Plumbers and Gas-fitters Registration Board and

Part 4 - Provisions relating to the

Division 1 - Savings and transitionals for accredited building practitioners and related matters

Division 2 - Savings and transitionals for owner builders and related matters

Division 3 - Other savings and transitionals

Schedule 6 - Consequential Amendments

Part 1 -

Part 2 -

Part 3 -

Schedule 7 - Act repealed

Schedule 8 - Statutory Rule rescinded

Schedule 9 - Further Statutory Rules rescinded

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Occupational Licensing Act 2005

Version current from 1 October 2024 to date (accessed 14 March 2025 at 7:00)

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Version current from 1 October 2024 to date (accessed 14 March 2025 at 7:00)

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File last modified 1 October 2024

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