Plumbers and Gas-fitters Registration Act 1951

Plumbers and Gas-fitters Registration Act 1951

[Long Title Amended by No. 73 of 1983, s. 4 ]An Act to make provision for the registration of plumbers, for the constitution of a Plumbers and Gas-fitters Registration Board, and for matters incidental thereto

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:

1.   Short title and commencement

(1)  [Section 1 Subsection (1) amended by No. 73 of 1983, s. 5 ]This Act may be cited as the Plumbers and Gas-fitters Registration Act 1951 .

(2)  This Act shall commence on a date to be fixed by proclamation.

2.   Interpretation

[Section 2 Substituted by No. 73 of 1983, s. 6 ]

(1)  [Section 2 Subsection (1) amended by No. 96 of 1993, s. 252 and Sched. 1 ][Section 2 Subsection (1) amended by No. 14 of 1995, s. 3 and Sched. 1 ][Section 2 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]In this Act, except in so far as the context or subject-matter otherwise indicates or requires –

backflow prevention plumbing means the installation, alteration, removal, repair, commissioning or maintenance of any backflow prevention device that is provided with test taps for the purpose of testing the operation of that device;

Board means the Plumbers and Gas-fitters Registration Board constituted under section 3 ;

[Section 2 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004]

class of plumbing work means –

(a) sanitary plumbing;

(b) mechanical services plumbing;

(c) water plumbing;

(ca) backflow prevention plumbing;

(d) draining;

(e) roof plumbing; or

(f) any other class of plumbing work prescribed as mentioned in subsection (2) ;

country includes a part of a country outside the Commonwealth and a territory of such a country;

draining means the installation, alteration, removal, or repair of a fixture, fitting, or pipe that is laid below ground level –

(a) for receiving the discharge of a stormwater, soil, or waste pipe from a building at its perimeter or from land; and

(b) for carrying that discharge to a common sewer or drain, the table drain of a street, a septic tank, or other disposal point;

gas-fitting means the installation, alteration, removal, or repair of a cylinder, tank, fixture, fitting, or pipe for the supply of liquefied petroleum gas to a gas appliance, other than a gas appliance –

(a) used to power a motor vehicle;

(b) permanently located in a building or on land, that is fitted with a cylinder which contains, or with cylinders which together contain, less than 10 kilograms of liquefied petroleum gas; or

(c) fitted with a cylinder that contains, or with cylinders that together contain, less than 2 kilograms of liquefied petroleum gas;

mechanical services plumbing means plumbing work carried out in connection with the heating, cooling, or mechanical ventilation of a building, and includes –

(a) the installation, alteration, removal, or repair of a duct, pipe, flue, valve, regulator, register, tank, pump, heating or cooling line or surface, boiler, burner, or coil used in a heating and ventilation system; and

(b) the extension and connection of water to and from that system –

but does not include –

(c) [Section 2 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] the installation of a domestic oil-burning heating appliance in accordance with section 268 of the Building Act 2000 ; or

(d) a process of welding in the manufacture, alteration or repair of a pressure vessel used by a person who is authorised to carry out such a process under the Workplace Health and Safety Act 1995 ;

[Section 2 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000]

[Section 2 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;

the regulations means regulations made and in force under this Act;

roof plumbing means the installation, alteration, removal, or repair of a roof gutter, roof valley, roof ridge, roof weathering, or roof downpipe or any flashing associated with such a gutter, valley, ridge, weathering, or downpipe;

sanitary plumbing means the installation, alteration, removal, or repair of a fixture, fitting, or pipe in or on a building or otherwise on land for receiving and carrying off stormwater, sewage, or waste or for the supply of water and includes –

(a) the ventilation of such a fixture, fitting, or pipe;

(b) roof plumbing; and

(c) draining;

secretary means the person appointed and holding office under section 8 as secretary to the Board;

[Section 2 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003]

sewage means any waterborne human excreta or any domestic wastewater;

waste means –

(a) any waterborne waste other than sewage; or

(b) any liquid or solid discharged into a sewer, drain, or septic tank;

water plumbing means the installation, alteration, removal, or repair of a fixture, fitting, or pipe for the supply of water from a main or other pipe of any public waterworks excluding backflow prevention plumbing.

(2)  The regulations may prescribe a class of plumbing work for the purposes of paragraph (f) of the definition of class of plumbing work in subsection (1) .

3.   Plumbers and Gas-fitters Registration Board

(1)  [Section 3 Subsection (1) amended by No. 50 of 1964, s. 2 ][Section 3 Subsection (1) amended by No. 56 of 1977, s. 2 ][Section 3 Subsection (1) amended by No. 73 of 1983, s. 7 ]For the purposes of this Act, there shall be a board, to be called the Plumbers and Gas-fitters Registration Board, which shall consist of 7 persons appointed by the Governor.

(2)  [Section 3 Subsection (2) amended by No. 50 of 1964, s. 2 ][Section 3 Subsection (2) amended by No. 41 of 1967, s. 5 and Sched. 1, Part 2 ][Section 3 Subsection (2) amended by No. 56 of 1977, s. 2 ][Section 3 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 3 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 3 Subsection (2) amended by No. 30 of 1994, s. 4 ][Section 3 Subsection (2) amended by S.R. 1994 No. 153 ][Section 3 Subsection (2) amended by No. 88 of 1995, s. 41 and Sched. 1 ][Section 3 Subsection (2) amended by S.R. 1996 No. 136 ]Of the members of the Board –

(a) one shall be nominated by the body of persons known as the Master Plumbers' Association of Tasmania;

(b) [Section 3 Subsection (2) amended by S.R. 2008, No. 153, Applied:03 Dec 2008] one shall be a person nominated by the body of persons known as the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia;

(c) one shall be a person nominated jointly by the Hobart City Council and the Launceston City Council, or, if those councils do not agree as to the person to be so nominated, shall be a person appointed as provided by subsection (3) of this section;

(d) one shall be a person nominated by the Local Government Association of Tasmania;

(e) [Section 3 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] one shall be the Director of Public Health or a person employed in the responsible Department in relation to the Public Health Act 1997 nominated by the Secretary of that Department;

(f) one shall be a person employed in the Department of Industrial Relations, Vocational Education and Training nominated by the Secretary of that Department; and

(g) one shall be a person nominated by the body of persons known as the Air Conditioning and Mechanical Contractors Association of Tasmania.

(2A)  [Section 3 Subsection (2A) omitted by No. 5 of 1990, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

(2B)  [Section 3 Subsection (2B) inserted by No. 56 of 1977, s. 2 ]If the organization referred to in paragraph (a) , paragraph (b) , or paragraph (g) of subsection (2) ceases to exist, or ceases to exist under the name mentioned in that subsection, the Governor may by order substitute for that organization some other organization that he considers appropriate.

(3)  If the Hobart City Council and the Launceston City Council do not agree as to the person to be nominated jointly by them for the purposes of paragraph (c) of subsection (2) of this section, each of those councils shall, within one month after being required by the Minister so to do, submit to the Minister the names of two persons for appointment to the Board and the Minister shall select one of those persons and shall recommend to the Governor that the person so selected be appointed to the Board to represent those Councils, and the Governor may appoint that person accordingly.

(4)  Subject to subsection (3) of this section, if any nomination required by this section is not made within six weeks after notice, in writing, to nominate a person for appointment to the Board is given by the Minister to the person or body concerned, the Governor may appoint a member to represent that person or body without any nomination.

(5)  [Section 3 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 3 Subsection (5) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]A State Service officer or State Service employee may be appointed as a member of the Board and may hold office as a member in conjunction with his position in the State Service.

(6)  [Section 3 Subsection (6) omitted by No. 29 of 1984, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

(7)  Subject to this Act, each member of the Board shall hold office for the term of three years.

(8)  Where any vacancy occurs in the office of any member of the Board otherwise than by reason of the effluxion of time, the Governor may appoint a person to fill the vacancy, and the person so appointed shall hold office for the unexpired portion of the term of office of the member in whose place he is appointed.

(9)  The Board shall have the powers and functions, and shall perform the duties, conferred or imposed upon it by or under this Act, and shall have power to give such notices and directions and to make such requirements as may reasonably be necessary for carrying out or giving effect to the provisions of this Act or for the exercise and performance of the powers, functions, and duties of the Board under this Act.

(10)  [Section 3 Subsection (10) omitted by No. 36 of 1958, s. 4 and Sched. 3 ].  .  .  .  .  .  .  .  

4.   Incorporation of Board

(1)  The Board shall be a body corporate, having perpetual succession and a common seal, and may sue and be sued by its corporate name and may do and suffer all such acts and things as bodies corporate may by law do or suffer.

(2)  The seal of the Board shall not be affixed to any document except by resolution of the Board, and every sealing shall be authenticated by the signatures of two members of the Board and the secretary.

5.   Vacation of office

[Section 5 Amended by No. 50 of 1964, s. 3 ]The office of a member of the Board shall become vacant at the expiration of his term of office or if he –

(a) dies;

(b) resigns his office by writing under his hand addressed to the Minister;

(c) is absent, without leave granted by the Board, from three consecutive meetings of the Board;

(d) becomes of unsound mind;

(e) is removed from office by the Governor for incapacity or misconduct; or

(f) being a member appointed under paragraph (e) or paragraph (f) of subsection (2) of section three, ceases to hold an office by virtue of which he could be appointed a member of the Board under the paragraph of that subsection under which he was so appointed.

6.   Payment of members of the Board

[Section 6 Substituted by No. 50 of 1964, s. 4 ]

(1)  Where the Board is satisfied that a member of the Board (not being a member appointed under paragraph (e) or paragraph (f) of subsection (2) of section three) has suffered loss of income by reason of his attendance at a meeting of the Board the Board may pay to him such sum as it considers reasonable towards the making good of that loss.

(2)  In addition to any sums that may become payable under subsection (1) of this section the Board shall pay to its members such travelling and out-of-pocket expenses as may be prescribed.

7.   Proceedings of the Board

(1)  The first meeting of the Board shall be held at such time and place as the Minister directs, and thereafter the Board shall meet as and when the Board determines.

(2)  At the first meeting of the Board, the members present shall elect one of their number to be the chairman of the Board and the person so elected shall, unless he sooner resigns his office as chairman or ceases to be a member of the Board, hold office as chairman until the expiration of the term for which he was appointed as a member of the Board.

(3)  The chairman shall preside at all meetings of the Board at which he is present, and, in the absence of the chairman from any meeting, the members present shall choose one of their number to preside at that meeting, and the member so chosen, while so presiding, shall have, and may exercise, all the powers and authorities of the chairman.

(4)  The chairman shall have a deliberative vote.

(5)  All questions arising at meetings of the Board shall be decided by a majority of the votes of the members present and voting thereon, and, in the event of an equality of votes on any question the chairman shall have a second or casting vote.

(6)  The Board shall cause accurate minutes of its proceedings to be kept.

(7)  [Section 7 Subsection (7) amended by No. 56 of 1977, s. 3 ]Any 4 members of the Board shall constitute a quorum for the transaction of the business of any meeting, or the carrying out of any of the functions, of the Board, and the Board may function, notwithstanding any vacancy in its membership, so long as a quorum remains.

(8)  Subject to this section, the Board may regulate its own procedure.

8.   Secretary and officers

(1)  [Section 8 Subsection (1) amended by No. 14 of 1970, s. 2 ]The Board may, with the approval of the Minister, appoint a person as the secretary to the Board and such other officers as the Board may consider necessary for the administration of this Act, and may pay to the secretary and officers such remuneration as the Board may determine.

(2)  [Section 8 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 8 Subsection (2) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Board may, with the approval of the Head of a State Service Agency, appoint a State Service officer or State Service employee employed in that Agency to be secretary to the Board and that officer or employee may hold office as secretary in conjunction with State Service employment.

(3)  [Section 8 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 8 Subsection (3) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Board may, with the approval of the Head of a State Service Agency, make use of the services of officers and employees employed in that Agency.

(4)  [Section 8 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 8 Subsection (4) added by No. 29 of 1984, s. 3 and Sched. 1 ]The Board shall pay to the Public Account such sum as may be determined by the Treasurer for the service of an officer or employee, appointed under subsection (2) or made available under subsection (3) , and the Treasurer may reimburse that sum to the Agency in which the officer or employee is employed.

9.   Unregistered persons not to undertake plumbing work and gas-fitting

(1)  [Section 9 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] [Section 9 Subsection (1) substituted by No. 73 of 1983, s. 8 ][Section 9 Subsection (1) amended by No. 96 of 1993, s. 252 and Sched. 1 ]Subject to this section, on and after the day fixed by proclamation under section 2 (2) of the Plumbers' Registration Amendment Act 1983 , a person, other than a body corporate, shall not undertake a class of plumbing work or any gas-fitting unless that person is the holder of a subsisting certificate of registration under this Act authorising him to undertake that class of plumbing work or that gas-fitting, as the case may be.

(2)  [Section 9 Subsection (2) substituted by No. 73 of 1983, s. 8 ] Subsection (1) does not apply to a person, being an individual, who is –

(a) bound by indenture of apprenticeship to an employer carrying on the trade or occupation of plumber or gas-fitter; or

(b) employed to assist the holder of a certificate of registration under this Act –

and who is employed in a class of plumbing work or any gas-fitting on a site where he is under the direct supervision of a person who is the holder of a certificate of registration under this Act entitling him to undertake that class of plumbing work or that gas-fitting, as the case may be.

(2A)  [Section 9 Subsection (2A) inserted by No. 73 of 1983, s. 8 ][Section 9 Subsection (2A) amended by No. 96 of 1993, s. 252 and Sched. 1 ][Section 9 Subsection (2A) omitted by No. 52 of 2005, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

(2B)  [Section 9 Subsection (2B) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 9 Subsection (2B) inserted by No. 73 of 1983, s. 8 ] Subsection (1) does not apply to a person, being an individual, who undertakes any roof plumbing in an area that is outside a drainage district appointed under the Drains Act 1954 .

(3)  [Section 9 Subsection (3), formerly (2A) renumbered by No. 36 of 1958, s. 4 and Sched. 3 ]The provisions of subsection (1) of this section shall not apply to any person who –

(a) has for a period of not less than two years before the commencement of this Act been engaged in the plumbing of electric hot-water systems being installed by him as electrician or by some electrician or electrical contractor for whom he works; and

(b) having applied to the Board within twelve months after the commencement of this Act for inclusion in a list to be kept by it of persons qualified under this subsection, and having satisfied the Board of his qualification, has been so included –

in any case where he does the plumbing for the installation or repair of any electric hot-water system.

(3A)  [Section 9 Subsection (3A) amended by No. 52 of 2005, Sched. 1, Applied:01 Jul 2009] [Section 9 Subsection (3A) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] [Section 9 Subsection (3A) inserted by No. 73 of 1983, s. 8 ][Section 9 Subsection (3A) amended by No. 96 of 1993, s. 252 and Sched. 1 ]Where a member of a firm which undertakes a class of plumbing work or any gas-fitting carries out, on behalf of that firm, that class of plumbing work or that gas-fitting without being the holder of a subsisting certificate of registration under this Act as required by subsection (1) , that member is not guilty of a contravention of that subsection if he carries out that class of plumbing work or that gas-fitting on a site under the direct supervision of a member of that firm who is the holder of a subsisting certificate of registration under this Act authorising him to undertake that class of plumbing work or that gas-fitting.

(3B)  [Section 9 Subsection (3B) amended by No. 52 of 2005, Sched. 1, Applied:01 Jul 2009] [Section 9 Subsection (3B) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] [Section 9 Subsection (3B) inserted by No. 73 of 1983, s. 8 ][Section 9 Subsection (3B) amended by No. 96 of 1993, s. 252 and Sched. 1 ]On and after the day fixed by proclamation under section 2 (2) of the Plumbers' Registration Amendment Act 1983 , a body corporate shall not undertake a class of plumbing work or any gas-fitting unless that class of plumbing work or that gas-fitting is carried out on behalf of the body corporate by a person who is the holder of a subsisting certificate of registration under this Act authorising him to undertake that class of plumbing work or that gas-fitting.

(4)  [Section 9 Subsection (4), formerly (3) renumbered by No. 36 of 1958, s. 4 and Sched. 3 ]In this section certificate of registration includes an interim certificate of registration under section eleven .

(5)  [Section 9 Subsection (5) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 9 Subsection (5) inserted by No. 73 of 1983, s. 8 ][Section 9 Subsection (5) omitted by No. 52 of 2005, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

10.   Registration under Act

[Section 10 Substituted by No. 73 of 1983, s. 9 ]

(1)  [Section 10 Subsection (1) amended by No. 96 of 1993, s. 252 and Sched. 1 ]A person who wishes to be registered under this Act as mentioned in subsection (4) , (6) , (7) or (7A) may make an application to the Board to be so registered.

(2)  An application under subsection (1) shall –

(a) be in the prescribed form;

(b) contain the particulars required by that form; and

(c) be accompanied by the prescribed documents and the prescribed fee.

(3)  [Section 10 Subsection (3) amended by No. 96 of 1993, s. 252 and Sched. 1 ]The Board may require a person who makes an application under this section to attend personally before the Board for the purpose of proving facts, and giving evidence, in respect of matters relevant to the determination of the application.

(3A)  [Section 10 Subsection (3A) inserted by No. 96 of 1993, s. 252 and Sched. 1 ]A person who applies to be registered as a person authorised to undertake backflow prevention plumbing is entitled to be registered if the person –

(a) holds a subsisting certificate of registration authorising that person to undertake water plumbing; and

(b) has passed an examination or completed a training course approved by the Board.

(4)  A person who applies to be registered under this Act as a person who is authorised to undertake, at journeyman level, sanitary plumbing or mechanical services plumbing or both those classes of plumbing work is, subject to subsection (3) , entitled to be so registered if he –

(a) has completed an apprenticeship that the Board considers to be appropriate and has passed the examination prescribed for the purposes of this paragraph;

(b) has passed the examination prescribed for the purposes of this paragraph and has had 5 years' trade experience acceptable to the Board;

(c) holds a certificate which is acceptable under the Agreement and, in the case of a certificate issued in a country other than Australia or New Zealand, has worked as a plumber in Australia or New Zealand for the period prescribed in the Agreement; or

(d) holds a prescribed qualification.

(5)  The qualifications that may be prescribed for the purposes of subsection (4) (d) are the passing of a specified examination, or the satisfactory completion of a specified trade course, conducted by an approved authority.

(6)  A person who applies to be registered under this Act as a person who is authorised to undertake, at advanced level, sanitary plumbing or mechanical services plumbing or both those classes of plumbing work is, subject to subsection (3) , entitled to be so registered if –

(a) he –

(i) is qualified under subsection (4) to be registered at journeyman level to undertake that class of plumbing work or both those classes of plumbing work, as the case may be; and

(ii) has passed the examination prescribed for the purposes of this subparagraph; or

(b) he holds a certificate which is acceptable under the Agreement and, in the case of a certificate issued in a country other than Australia or New Zealand, has worked as a plumber in Australia or New Zealand for the period prescribed in the Agreement.

(7)  A person who applies to be registered under this Act as a person who is authorised to undertake, at advanced level –

(a) any class or classes of plumbing work other than sanitary plumbing or mechanical services plumbing;

(b) any gas-fitting; or

(c) any class or classes of plumbing work to which paragraph (a) applies and any gas-fitting –

is, subject to subsection (3) , entitled to be so registered if he –

(d) has –

(i) passed examinations in the prescribed trade course subjects or passed the examination prescribed for the purposes of this subparagraph; and

(ii) completed an apprenticeship that the Board considers to be appropriate or had 5 years' trade experience acceptable to the Board; or

(e) holds a certificate which is acceptable under the Agreement and, in the case of a certificate issued in a country other than Australia or New Zealand, has worked as a plumber in Australia or New Zealand for the period prescribed in the Agreement.

(7A)  [Section 10 Subsection (7A) inserted by No. 96 of 1993, s. 252 and Sched. 1 ]The Board is to register a person applying for registration under subsection (3A) as a person authorised to undertake backflow prevention plumbing if satisfied that –

(a) the person is qualified to be so registered; and

(b) the application is in order.

(7B)  [Section 10 Subsection (7B) inserted by No. 96 of 1993, s. 252 and Sched. 1 ]The Board is to refuse to register a person applying for registration under subsection (3A) if not satisfied as to the matters specified in subsection (7A) .

(8)  Where the Board is satisfied that an applicant to whom subsection (4) applies is qualified to be registered as a person who is authorised to undertake, at journeyman level, sanitary plumbing or mechanical services plumbing or both those classes of plumbing, as the case may be, and that his application is in order, the Board shall register him as a person who is so authorised, but where the Board is not so satisfied it shall refuse the application.

(9)  Where the Board is satisfied that an applicant to whom subsection (6) applies is qualified to be registered as a person who is authorised to undertake, at advanced level, sanitary plumbing or mechanical services plumbing or both those classes of plumbing, as the case may be, and that his application is in order, the Board shall register him as a person who is so authorised, but where the Board is not so satisfied it shall refuse the application.

(10)  Where the Board is satisfied that an applicant to whom subsection (7) applies is qualified to be registered as a person who is authorised to undertake, at advanced level, any class or classes of plumbing work to which paragraph (a) of that subsection applies, any gas-fitting, or any such class or classes of plumbing work and any gas-fitting, as the case may be, and that his application is in order, the Board shall register him as a person who is so authorised, but where the Board is not so satisfied, it shall refuse the application.

(11)  On the registration of a person under this section, the Board shall issue to that person a certificate of registration in the prescribed form.

(12)  If the Board refuses to register an applicant under this section, the Board shall –

(a) provide him on demand with its reasons in writing for refusing to register him; and

(b) refund the fee which accompanied his application.

(13)  In this section –

Agreement means the Australia-New Zealand Reciprocity Agreement on Recognition of the Certification of the Competency of Plumbers, Gas-fitters and Drainers and includes that agreement as amended from time to time and any agreement entered into in substitution for that agreement;

approved authority means any authority or other body declared by the Board, by order under subsection (14) , to be an approved authority for the purposes of this section.

(14)  [Section 10 Subsection (14) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] Where the Board is satisfied that any examination or trade course in plumbing that is conducted by any authority or other body is equivalent in standard and scope to any training course in plumbing under the Vocational Education and Training Act 1994 , the Board may, by order, declare that body to be an approved authority for the purposes of this section.

10AA.   Extension of registration

[Section 10AA Substituted by No. 35 of 1976, s. 4 ]The Board may grant to a person registered under section 10 (2) as in force immediately prior to the commencement of the Plumbers' Registration Act 1970 in respect of a class of plumbing work a certificate of registration in respect of any other class of plumbing work.

10A.   Certificates of competency

[Section 10A Inserted by No. 50 of 1964, s. 6 ]

(1)  [Section 10A Subsection (1) amended by No. 73 of 1983, s. 10 ]Where in pursuance of arrangements made under section twenty recognition is accorded in a State of the Commonwealth other than Tasmania, a Territory of the Commonwealth, or any other country to certificates of competency issued to persons who have certain qualifications the Board shall, on application by a person who has been registered under this Act and has those qualifications and on payment of the prescribed fee, issue to that person a certificate of competency.

(2)  [Section 10A Subsection (2) amended by No. 73 of 1983, s. 10 ]A certificate of competency issued under subsection (1) of this section shall be in such form and contain such particulars as are necessary to secure that it is accorded recognition in the relevant State, Territory, or country in pursuance of the arrangements referred to in subsection (1) of this section.

11.   Interim certificate of registration

(1)  Notwithstanding anything contained elsewhere in this Act, the Board may grant an interim certificate of registration to any person applying for registration under this Act, pending that person satisfying the Board that he is entitled to the grant of a certificate of registration under section ten .

(2)  Before granting any person an interim certificate of registration, the Board shall require that person to present himself for a trade test and such other tests (if any) as the Board may require.

(3)  [Section 11 Subsection (3) substituted by No. 73 of 1983, s. 11 ]An interim certificate of registration may be granted under this section for such period, not exceeding 6 months at any one time, as the Board thinks fit.

(4)  [Section 11 Subsection (4) inserted by No. 73 of 1983, s. 11 ][Section 11 Subsection (4) amended by No. 96 of 1993, s. 252 and Sched. 1 ]An interim certificate of registration granted under this section, while it is in force, authorises the holder of the certificate to undertake the work specified in the certificate, being, as the case requires –

(a) any class or classes of plumbing work;

(b) any gas-fitting; or

(c) any class or classes of plumbing work and any gas-fitting.

12.   Effect and duration of certificates of registration

(1)  [Section 12 Subsection (1) substituted by No. 73 of 1983, s. 12 ]A certificate of registration under this Act, while it is in force, authorises the holder of the certificate to undertake the work specified in the certificate, being, as the case requires –

(a) any class or classes of plumbing work;

(b) any gas-fitting; or

(c) any class or classes of plumbing work and any gas-fitting.

(1A)  [Section 12 Subsection (1A) omitted by No. 73 of 1983, s. 12 ].  .  .  .  .  .  .  .  

(1B)  [Section 12 Subsection (1B) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] [Section 12 Subsection (1B) inserted by No. 35 of 1976, s. 5 ][Section 12 Subsection (1B) amended by No. 73 of 1983, s. 12 ][Section 12 Subsection (1B) amended by No. 96 of 1993, s. 252 and Sched. 1 ]A certificate of registration issued to an applicant to whom section 10 (4) applies does not entitle the holder to apply for an authorisation to start work in accordance with the Building Act 2000 .

(2)  Subject to this Act, a certificate of registration under this Act shall continue in force from the date of issue thereof until the thirty-first day of December next then ensuing, but may be renewed annually, upon payment of the prescribed fee for each renewal.

13.   Suspension and cancellation of registration

(1)  [Section 13 Subsection (1) amended by No. 73 of 1983, s. 13 ]Subject to subsection (1A) , the Board may, as prescribed, suspend for such period as it thinks fit, or may cancel, any certificate of registration under this Act, if, after such enquiry as may be prescribed, the Board is satisfied that –

(a) the certificate has been obtained by fraud or misrepresentation; or

(b) the holder of the certificate has been guilty of gross negligence, incompetence, or fraudulent conduct in or in connection with the performance of any plumbing work or gas-fitting undertaken by him.

(1A)  [Section 13 Subsection (1A) inserted by No. 73 of 1983, s. 13 ][Section 13 Subsection (1A) amended by No. 96 of 1993, s. 252 and Sched. 1 ]Where the Board –

(a) is satisfied that a person who is the holder of a certificate of registration under this Act authorising him to undertake, at advanced level, sanitary plumbing or mechanical services plumbing or both those classes of plumbing work has been guilty of gross negligence or incompetence in or in connection with the performance of that class or those classes of plumbing work; and

(b) cancels that certificate of registration pursuant to subsection (1) –

the Board may issue to that person a certificate of registration under this Act authorising him to undertake, at journeyman level, sanitary plumbing or mechanical services plumbing or both those classes of plumbing work, as the case may be.

(1B)  [Section 13 Subsection (1B) inserted by No. 73 of 1983, s. 13 ]A fee is not payable for the issue of a certificate of registration pursuant to subsection (1A) .

(2)  Any person whose certificate of registration is suspended or cancelled shall, upon demand being made in that behalf by the Board, forthwith surrender his certificate to the Board.

(3)  The suspension or cancellation of any certificate of registration shall, for all purposes, be fully effectual, notwithstanding any failure of the person concerned to surrender the certificate pursuant to subsection (2) of this section.

14.   Reviews of decisions of Board

[Section 14 Subsection (1) amended by No. 73 of 1983, s. 21 and Sched. 1 ][Section 14 Substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] Any person who is aggrieved by –

(a) the refusal of the Board to register that person under this Act; or

(b) the suspension or cancellation by the Board of any certificate of registration under this Act of which that person is the holder –

may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.

15.   Fees for examinations

There shall be payable by any candidate for examination under this Act such fees as may be prescribed.

16.   Appropriation of fees and penalties

All fees and penalties paid or recovered under this Act shall be paid to the Board, and shall be applied by the Board in and towards defraying the expenses incurred in the administration of this Act.

17.   Accounts and audits

(1)  The Board shall keep such accounts as may be prescribed.

(2)  [Section 17 Subsection (2) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009] [Section 17 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The accounts of the Board shall be subject to the provisions of the Audit Act 2008 .

18.   Annual report, &c.

(1)  The Board shall, as soon as practicable after the first day of January in each year (and not later than the last day of February next following) submit to the Minister a report on the activities of the Board during the year ended on the preceding thirty-first day of December.

(2)  The Minister shall cause a copy of the report to be laid upon the table of each House of Parliament within the first thirty sitting days of such House after it is received by him.

19.   

19A.   Evidentiary certificates

[Section 19A Inserted by No. 73 of 1983, s. 15 ]A document purporting to be a certificate signed by the secretary and stating that a person specified in that certificate –

(a) was or was not, on a day or during a period specified in that certificate, registered under this Act; or

(b) was, on a day or during a period specified in that certificate, a person whose certificate of registration under this Act had been suspended or cancelled –

is admissible in evidence in any legal proceedings (including an enquiry under section 13 (1) ) and is evidence of the matters specified in the certificate.

20.   Provisions as to reciprocity

[Section 20 Substituted by No. 73 of 1983, s. 16 ]The Board may, with the approval of the Minister, make arrangements with any authority or other body in a State of the Commonwealth other than Tasmania, a Territory of the Commonwealth, or any other country for the reciprocal recognition of plumbers' and gas-fitters' licences, certificates of registration, or certificates of competency.

21.   Offences and penalty

[Section 21 Amended by No. 55 of 1965, s. 5 ][Section 21 Amended by No. 73 of 1983, s. 17 ][Section 21 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person shall not –

(a) make, or cause to be made, or produce or cause to be produced, for the purposes of or in connection with the procuring of any certificate of registration or interim certificate of registration under this Act, any false or fraudulent declaration, certificate, representation, or information, either in writing or otherwise;

(b) fail or refuse to comply with any lawful direction or requirement of the Board under this Act; or

(c) contravene or fail to comply with any provision of this Act which is applicable to him.

Penalty:  Fine not exceeding 20 penalty units.

21A.   Prohibition by local authority on undertaking of plumbing work in certain cases

[Section 21A Inserted by No. 84 of 1960, s. 3 ]

(1)  [Section 21A Subsection (1) substituted by No. 96 of 1993, s. 252 and Sched. 1 ]If, in connection with the carrying out of a class of plumbing work, a person who holds a subsisting certificate of registration or a subsisting interim certificate of registration under this Act contravenes any provision of –

(a) [Section 21A Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] the Building Act 2000 ; or

(b) [Section 21A Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] the regulations made under the Building Act 2000 ; or

(c) the by-laws of the local authority –

relating to the carrying out of that class of plumbing work or causes any other person to contravene any such provision, that local authority may by order prohibit the person holding that certificate from undertaking that class of plumbing work in the whole or any part of its area of jurisdiction, either indefinitely or during such period as may be specified in the order.

(1A)  [Section 21A Subsection (1A) omitted by No. 96 of 1993, s. 252 and Sched. 1 ].  .  .  .  .  .  .  .  

(2)  A local authority shall not make an order in respect of any person under this section unless it has served a notice on that person of its intention so to do and, if within fourteen days after the service of that notice that person by writing so requires it, has given him an opportunity of being heard by some member or officer of the authority nominated by the authority in that behalf.

(3)  No order under this section is of any effect until it is served on the person in respect of whom it is made.

(4)  [Section 21A Subsection (4) amended by No. 50 of 1964, s. 8 ][Section 21A Subsection (4) amended by No. 73 of 1983, s. 18 ][Section 21A Subsection (4) amended by No. 96 of 1993, s. 252 and Sched. 1 ]A local authority by which an order is made under this section may revoke the order or vary it by reducing the length of the period specified therein or by declaring that it is not to apply to any specified area of its jurisdiction.

(5)  [Section 21A Subsection (5) amended by No. 50 of 1964, s. 8 ][Section 21A Subsection (5) amended by No. 73 of 1983, s. 21 and Sched. 1 ][Section 21A Subsection (5) amended by No. 96 of 1993, s. 252 and Sched. 1 ][Section 21A Subsection (5) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] A person in respect of whom an order has been made under this section may apply to the Magistrates Court (Administrative Appeals Division) for a review of the order.

(6)  [Section 21A Subsection (6) omitted by No. 30 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

(7)  [Section 21A Subsection (7) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] The regulations may prescribe the manner in which notices and orders may be, or are to be, served under this section.

(8)  [Section 21A Subsection (8) amended by No. 55 of 1965, s. 5 ][Section 21A Subsection (8) amended by No. 73 of 1983, s. 18 ][Section 21A Subsection (8) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person in respect of whom an order is in force under this section shall engage in or undertake any class of plumbing work contrary to the terms of the order.

Penalty:  Fine not exceeding 20 penalty units.

21B.   Limitation on institution of prosecutions for offences against Act

[Section 21B Inserted by No. 73 of 1983, s. 19 ]

(1)  [Section 21B Subsection (1) amended by No. 14 of 1995, s. 3 and Sched. 1 ]A prosecution for an offence against this Act shall not be instituted without the consent of the Secretary of the Department.

(2)  [Section 21B Subsection (2) amended by No. 14 of 1995, s. 3 and Sched. 1 ]The Secretary of the Department shall not give his consent under subsection (1) to the institution of a prosecution for an offence against this Act if he considers that the offence is a minor offence or that the institution of such a prosecution would not be in the public interest.

22.   Regulations

[Section 22 Amended by No. 73 of 1983, s. 20 ]

(1)  The Governor may make regulations prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the provisions of this Act.

(2)  [Section 22 Subsection (2) inserted by No. 73 of 1983, s. 20 ]Regulations under subsection (1) may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.

(3)  [Section 22 Subsection (3) inserted by No. 73 of 1983, s. 20 ][Section 22 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Regulations under subsection (1) may provide that it is an offence, punishable on summary conviction, for a person to contravene, or fail to comply with, any of the regulations and may provide in respect of any such offence for the imposition of a fine not exceeding 10 penalty units.

(4)  [Section 22 Subsection (4) added by No. 73 of 1983, s. 20 ]A regulation under subsection (1) may authorise any matter or thing to be from time to time determined, applied, or regulated by any person or body specified in the regulation.

23.   Savings and transitional

The savings and transitional provisions set out in Schedule 1 have effect.

SCHEDULE 1 - Savings and Transitional

Section 23

1.   In this schedule, proclaimed day means the day fixed by proclamation under section 2 (2) of the Plumbers' Registration Amendment Act 1983 .

2.   The board constituted under section 3 of this Act, as in force immediately before the proclaimed day, continues in existence on and after that day as the board constituted under that section, notwithstanding the change in the name of that board made by section 7 of the Plumbers' Registration Amendment Act 1983 .

3.   On and after the proclaimed day, a reference to the Plumbers' Registration Board in any Act, or in any regulation, rule, by-law, proclamation, order-in-council, order, summons, warrant, notice or other instrument or document made, issued, given, served, filed or registered under or for the purposes of any proceedings under any Act is to be read as a reference to the Plumbers and Gas-fitters Registration Board.

4.   [Schedule 1 Amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] On and after the proclaimed day, a certificate of registration as a journeyman plumber in respect of sanitary plumbing or heating and ventilation plumbing or both those prescribed classes of plumbing work that is in force under this Act immediately before that day continues in force, subject to this Act, as a certificate of registration in the prescribed form under this Act authorising the holder of the certificate to undertake, at journeyman level, sanitary plumbing or mechanical services plumbing or both those classes of plumbing work, as the case may be.

5.   On and after the proclaimed day –

(a) [Schedule 1 Amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] a certificate of registration as an advanced plumber in respect of heating and ventilation plumbing that is in force under this Act immediately before that day continues in force, subject to this Act, as a certificate of registration in the prescribed form under this Act authorising the holder of the certificate to undertake, at advanced level, mechanical services plumbing; and

(b) [Schedule 1 Amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] a certificate of registration as an advanced plumber in respect of heating and ventilation plumbing and any other class or classes of prescribed plumbing work that is in force under this Act immediately before that day continues in force, subject to this Act, as a certificate of registration in the prescribed form under this Act authorising the holder of the certificate to undertake, at advanced level, mechanical services plumbing and, as the case requires–

(i) the class or classes of plumbing work that has, or that have, the same name or names as that other class or those other classes of prescribed plumbing work; or

(ii) gas-fitting; or

(iii) the class or classes of plumbing work that has, or that have, the same name or names as mentioned in subparagraph (i) and any gas-fitting.

6.   [Schedule 1 Amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] On and after the proclaimed day, a certificate of registration as an advanced plumber in respect of any class or classes or prescribed plumbing work, other than heating and ventilation plumbing, that is in force under this Act immediately before that day continues in force, subject to this Act, as a certificate of registration in the prescribed form under this Act authorising the holder of the certificate to undertake, at advanced level, as the case requires–

(a) the class or classes of plumbing work that has, or that have, the same name or names as the name or names of that class or those classes of prescribed plumbing work; or

(b) gas-fitting; or

(c) the class or classes of plumbing work that has, or that have, the same name or names as mentioned in paragraph (a) and any gas-fitting.

7.   [Schedule 1 Amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] On and after the proclaimed day, an interim certificate of registration in respect of one or more classes of plumbing work that is in force under section 11 of this Act immediately before that day continues in force, subject to this Act, as an interim certificate under that section, as amended by the Plumbers' Registration Amendment Act 1983 , authorising the holder of the certificate to undertake, as the case requires–

(a) the class or classes of plumbing work that has, or that have, the same name or names as the name or names of any class or classes of prescribed plumbing work specified in the first-mentioned certificate; or

(b) any gas-fitting; or

(c) the class or classes of plumbing work that has, or that have, the same name or names as mentioned in paragraph (a) .

8.   On and after the proclaimed day, a proclamation under section 10 (7) of this Act –

(a) by which the Governor declared a body or authority to be an approved authority for the purpose of that section; and

(b) that is in force immediately before that day –

continues in force as an order under section 10 (14) of this Act as substituted by the Plumbers' Registration Amendment Act 1983 , declaring that body or authority to be an approved authority for the purposes of that section.

9.   On and after the proclaimed day, any arrangements made under section 20(1) of this Act that are in force immediately before that day continue in force as arrangements made under section 20 of this Act, as substituted by the Plumbers' Registration Amendment Act 1983 .