Building Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 300 — Form of register
300 Form of register (1) The register may be kept— (a) as an electronic register; or (b) in any other manner that the Registrar thinks fit. (2) The register must be operated at all times unless— (a)…
Section 301 — Matters to be contained in register
301 Matters to be contained in register (1) The register must contain all of the following information, to the extent that the information is relevant, for each licensed building practitioner whose…
Section 302 — Obligation to notify Registrar of change in circumstances
302 Obligation to notify Registrar of change in circumstances (1) Each person applying to become licensed, and each licensed building practitioner, must give written notice to the Registrar of any…
Section 303 — Registrar must contact licensed building practitioners on annual basis
303 Registrar must contact licensed building practitioners on annual basis (1) The Registrar must, on an annual basis, contact each licensed building practitioner, in a manner provided for in the…
Section 304 — Alterations to register
304 Alterations to register The Registrar may, at any time, make any amendments to the register that are necessary to— (a) reflect any changes in the name of a licensed building practitioner or the…
Section 305 — Search of register
305 Search of register A person may search the register in accordance with this Act or the regulations.
Section 306 — Search criteria
306 Search criteria The register may be searched only by reference to criteria to be specified in the regulations.
Section 307 — Search purposes
307 Search purposes A search of the register may be carried out only for a purpose referred to in section 299 .
Section 308 — When search constitutes interference with privacy of individual
308 When search constitutes interference with privacy of individual A search of the register for personal information that has not been carried out in accordance with sections 305 to 307 constitutes…
Section 309 — Search fees
309 Search fees (1) The Registrar may charge a fee for searches of the register. (2) The fee may be prescribed by the regulations, or may be determined by the Registrar, and must be no greater than…
Section 310 — Appointment of Registrar of Licensed Building Practitioners
310 Appointment of Registrar of Licensed Building Practitioners The chief executive must appoint, under the State Sector Act 1988 , a Registrar of Licensed Building Practitioners.
Section 311 — Functions of Registrar
311 Functions of Registrar The functions of the Registrar are— (a) to establish and maintain the register; and (b) to make decisions about whether persons meet the requirements for licensing or…
Section 312 — Power of Registrar to delegate
312 Power of Registrar to delegate (1) The Registrar may delegate to any person (whether an employee of the State services or not), either generally or particularly, any of the Registrar's functions,…
Section 313 — Certificate of Registrar to be conclusive evidence
313 Certificate of Registrar to be conclusive evidence (1) A certificate signed by the Registrar, or any person authorised by the Registrar, in relation to the matters referred to in subsection (2)…
Section 314 — Offences relating to licensing
314 Offences relating to licensing (1) A person commits an offence if the person holds himself or herself out as a person who is licensed to carry out or supervise building work or building…
Section 315 — Complaints about licensed building practitioners
315 Complaints about licensed building practitioners (1) Any person may complain to the Board about the conduct of a licensed building practitioner in accordance with the regulations. (2) A complaint…
Section 316 — Board must investigate complaints
316 Board must investigate complaints (1) The Board must, as soon as practicable after receiving a complaint, investigate the complaint and determine whether or not to proceed with it. (2) However,…
Section 317 — Grounds for discipline of licensed building practitioners
317 Grounds for discipline of licensed building practitioners (1) The Board may (in relation to a matter raised by a complaint or by its own inquiries) take any of the actions referred to in section…
Section 318 — Disciplinary penalties
318 Disciplinary penalties (1) In any case to which section 317 applies, the Board may— (a) do both of the following things: (i) cancel the person's licensing and direct the Registrar to remove the…
Section 319 — Non-payment of fines or costs
319 Non-payment of fines or costs If money payable by a person under section 318(1)(f) or (4) remains unpaid for 60 days or more after the date of the order, the Board may— (a) cancel the person's…
Section 320 — Payment and application of charges, fines, and other money
320 Payment and application of charges, fines, and other money (1) All charges, fines, and other money payable by a person under this subpart— (a) are payable to the Registrar: (b) are recoverable as…
Section 321 — Board must act independently
321 Board must act independently (1) The Board must act independently in performing its functions under this subpart. (2) The Registrar must ensure that any staff that the Registrar provides by way…
Section 322 — Board may hear evidence for disciplinary matters
322 Board may hear evidence for disciplinary matters (1) In relation to a disciplinary matter, the Board may— (a) receive as evidence any statement, document, information, or matter that in its…
Section 323 — Issuing of summons by Board
323 Issuing of summons by Board (1) The Board may issue a summons to a person requiring that person to attend a hearing before the Board and to do all or any of the following matters: (a) give…
Section 324 — Service of summons
324 Service of summons (1) A summons may be served— (a) by delivering it personally to the person summoned; or (b) by posting it to the person summoned at that person's usual place of residence. (2)…
Section 325 — Witnesses' fees, allowances, and expenses
325 Witnesses' fees, allowances, and expenses (1) A witness appearing before the Board under a summons is entitled to be paid witnesses' fees, allowances, and expenses in accordance with the scales…
Section 326 — Failure to comply with summons
326 Failure to comply with summons (1) A person summoned under section 323 commits an offence if he or she, without sufficient cause,— (a) fails to attend in accordance with the summons; or (b) does…
Section 327 — Witness and counsel privileges
327 Witness and counsel privileges (1) Every person who does the following things has the same privileges as witnesses have in a court: (a) provides documents, things, or information to the Board in…
Section 328 — Enforcement of actions
328 Enforcement of actions If the Board, acting in accordance with this Act and the rules in relation to a disciplinary matter, takes an action or otherwise exercises any power in respect of a person…
Section 329 — Certificate of Board to be conclusive evidence
329 Certificate of Board to be conclusive evidence A written certificate signed by any person authorised by the Board is for all purposes conclusive evidence, in the absence of proof to the contrary,…
Section 330 — Right of appeal
330 Right of appeal (1) A person may appeal to the Board against any decision of the Registrar to— (a) decline to license the person as a building practitioner; or (b) suspend or cancel his or her…
Section 331 — Time in which appeal must be brought
331 Time in which appeal must be brought An appeal must be lodged— (a) within 20 working days after notice of the decision or action is communicated to the appellant; or (b) within any further time…
Section 332 — Method of bringing appeal
332 Method of bringing appeal An appeal— (a) must be brought to the Board by notice in writing to the Board; or (b) must be brought to the District Court by way of notice of appeal in accordance with…
Section 333 — Notice of right of appeal
333 Notice of right of appeal When notifying a person under this Part of any decision or action against which section 330 gives him or her a right of appeal, the decision-maker must also notify the…
Section 334 — Actions to have effect pending determination of appeal
334 Actions to have effect pending determination of appeal A decision or action against which an appeal is lodged under this subpart continues in force unless the appeal authority to which the appeal…
Section 335 — Procedure on appeal
335 Procedure on appeal (1) An appeal under this subpart must be heard as soon as is reasonably practicable after it is lodged. (2) An appeal under this subpart is by way of rehearing. (3) On hearing…
Section 336 — Appeal authority's decision final
336 Appeal authority's decision final Except as provided in section 340 , the decision of the appeal authority on an appeal under this subpart is final.
Section 337 — Appeal authority may refer matter back for reconsideration
337 Appeal authority may refer matter back for reconsideration (1) Instead of determining an appeal under this subpart, the appeal authority may direct the decision-maker to reconsider, either…
Section 338 — Orders as to costs
338 Orders as to costs On an appeal under this subpart, the appeal authority may order any party to the appeal to pay to any other party to the appeal any or all of the costs incurred by the other…
Section 339 — Orders as to publication of names
339 Orders as to publication of names (1) On an appeal under this subpart, the appeal authority may, if in its opinion it is proper to do so, prohibit the publication of the name or particulars of…
Section 340 — Appeal on question of law
340 Appeal on question of law (1) A party to an appeal to the District Court under this subpart may appeal to the High Court against any determination of law arising in the appeal. (2) The appeal…
Section 341 — Establishment of Board
341 Establishment of Board The Building Practitioners Board is established.
Section 342 — Capacity and powers
342 Capacity and powers (1) The Board has only the statutory powers conferred by this Act and any other Act. (2) The Board may exercise its powers only for the purpose of performing its functions.
Section 343 — Board's functions
343 Board's functions The Board's functions are— (a) to approve rules relating to licensed building practitioners that are prepared in accordance with this subpart; and (b) to receive, investigate,…
Section 344 — Composition of Board
344 Composition of Board (1) The Board must have at least 6 members, but not more than 8 members. (2) A member must be appointed by the Governor-General on the recommendation of the Minister.
Section 345 — Criteria for appointment
345 Criteria for appointment (1) The Minister may recommend a person for appointment as a member of the Board only if, in the Minister's opinion, the person is qualified for appointment— (a) having…
Section 346 — Further provisions relating to Board and its members
346 Further provisions relating to Board and its members Schedule 3 applies to the Board and its members.
Section 347 — Obligation to prepare annual report
347 Obligation to prepare annual report The Board must prepare an annual report on its operations for each period ending with 30 June in each year.
Section 348 — Form and content of annual report
348 Form and content of annual report (1) An annual report must contain the following information and reports in respect of the period to which it relates: (a) a report on operations, including the…
Section 349 — Obligation for Board to provide annual report to Minister
349 Obligation for Board to provide annual report to Minister The Board must provide the annual report to the Minister as soon as practicable after 30 June in each year.