AustLII Tasmanian Numbered Acts

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OCCUPATIONAL LICENSING ACT 2005 (NO. 47 OF 2005)

- Act 47 of 2005
- Royal Assent 24 November 2005

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   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
   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 4 - Licensing of Contractors and Practitioners 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
   35.     Enforceability of contracts

           Division 3 - Practitioners' licences

   36.     Application for practitioner's licence
   37.     Determination of application

           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.     Service of infringement notices
   63.     Form of infringement notice
   64.     Acceptance of infringement notice
   65.     Extension of acceptance period
   66.     Payment
   67.     Effect of acceptance
   68.     Withdrawal of infringement notice
   69.     Certain evidence not admissible

           Division 5 - Demerit points

   70.     Interpretation
   71.     Recording demerit points
   72.     When demerit points are incurred
   73.     Deleting demerit points
   74.     Warning notices
   75.     Consequences of incurring demerit points – licence holders and
           former licence holders
   76.     Licence suspension
   77.     Demerit points incurred but not taken into account for notice of
           licence suspension, &c.
   78.     Issue of licence suspension notice

   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.     Show cause notice
   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.    Licence number to be shown in advertisements, &c.
   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
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8

[ Note: This table has been automatically generated and may be incomplete. ]



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