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New South Wales
Occupational Licensing Legislation
Amendment (Regulatory Reform)
Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Repeal of optical dispensers legislation 3
Schedule 2 Amendment of Home Building Act 1989 No 147 4
Schedule 3 Amendment of Home Building Regulation 2004 13
Schedule 4 Consequential amendment of Acts and Regulations 18
b2009-065-16.d11
New South Wales
Occupational Licensing Legislation
Amendment (Regulatory Reform)
Bill 2009
No , 2009
A Bill for
An Act to amend the Home Building Act 1989 and to repeal and amend other
legislation to remove licensing requirements for certain occupations.
Occupational Licensing Legislation Amendment (Regulatory Reform)
Clause 1 Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Occupational Licensing Legislation Amendment 3
(Regulatory Reform) Act 2009. 4
2 Commencement 5
(1) Except as provided by subsection (2), this Act commences on 1 July 6
2009 or the date of assent to this Act, whichever is the later. 7
(2) Schedules 1, 4.1-4.4, 4.6 [2] and [4], 4.7 and 4.9-4.11 commence on 8
1 July 2010. 9
Page 2
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Repeal of optical dispensers legislation Schedule 1
Schedule 1 Repeal of optical dispensers legislation 1
The following Act and Regulation are repealed: 2
Optical Dispensers Act 1963 No 35 3
Optical Dispensers Regulation 2007 4
Page 3
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Schedule 2 Amendment of Home Building Act 1989 No 147
Schedule 2 Amendment of Home Building Act 1989 1
No 147 2
[1] Section 3 Definitions 3
Omit paragraph (d) of the definition of authority in section 3 (1). 4
[2] Section 3 (1), definitions of "building consultancy licence" and "building 5
consultancy work" 6
Omit the definitions. 7
[3] Section 3 (1), definition of "close associate" 8
Omit "or building consultancy licence". 9
[4] Section 3 (1), definition of "contractor licence" 10
Omit ", 5 or 16A". Insert instead "or 5". 11
[5] Section 3 (3) 12
Omit "a building consultancy licence,". 13
[6] Section 3AA Meaning of "close associate" of applicant for, or holder of, 14
licence 15
Omit "or building consultancy licence" from section 3AA (1). 16
[7] Section 16A Unlicensed contracting or supplying 17
Omit the section. 18
[8] Section 16B Promotion by or for unlicensed person 19
Omit the section. 20
[9] Section 16C Application of requirements for contracts 21
Omit "the holder of a contractor licence" from section 16C (1). 22
Insert instead "a person (a kit home supplier)". 23
[10] Section 16D Form of contracts for kit homes 24
Omit section 16D (2) (a) and (b). Insert instead: 25
(a) the names of the parties, and 26
[11] Section 16D (6) and (7) 27
Omit the subsections. 28
Page 4
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Amendment of Home Building Act 1989 No 147 Schedule 2
[12] Section 16DAA Consumer information 1
Omit "A holder of a licence must, before entering into a contract that the 2
holder is authorised by this Act to enter" from section 16DAA (1). 3
Insert instead "A kit home supplier must, before entering into a contract". 4
[13] Sections 16DB and 16DD (1), (2) and (3) (b) 5
Omit "holder of a contractor licence" wherever occurring. 6
Insert instead "kit home supplier". 7
[14] Section 16DBA Cooling-off period: person may rescind kit home 8
contract within 5 days without penalty 9
Omit "the holder of a licence for the supply of a kit home" from section 10
16DBA (1). 11
Insert instead "a kit home supplier". 12
[15] Sections 16DBA (2), (3) (b)-(d), (4), (5) (b) and (d) and (7) and 16DBB (3) 13
and (7) 14
Omit "holder of the licence" wherever occurring. 15
Insert instead "kit home supplier". 16
[16] Section 16DBA (3) (b) 17
Omit "holder" where secondly and thirdly occurring. 18
Insert instead "kit home supplier". 19
[17] Section 16DBA (3) (c) 20
Omit "holder" where secondly occurring. Insert instead "kit home supplier". 21
[18] Section 16DBA (4) 22
Omit "holder's". Insert instead "kit home supplier's". 23
[19] Section 16DBB Person may rescind kit home contract if cooling-off 24
warning not given 25
Omit "holder of a licence" wherever occurring in section 16DBB (2) and (8). 26
Insert instead "kit home supplier". 27
[20] Sections 16DBB (8) and 16F (3) (b) 28
Omit "the holder" wherever occurring. Insert instead "the kit home supplier". 29
Page 5
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Schedule 2 Amendment of Home Building Act 1989 No 147
[21] Section 16DD Interests in land under contract 1
Omit "holder of the contractor licence" from section 16DD (3) (c). 2
Insert instead "kit home supplier". 3
[22] Section 16F Exhibition homes 4
Omit "the holder of a contractor licence" from section 16F (3) (a). 5
Insert instead "a kit home supplier". 6
[23] Section 16G 7
Omit the section. Insert instead: 8
16G Enforceability of contracts 9
(1) A person who contracts to supply a kit home: 10
(a) under a contract to which the requirements of section 16D 11
apply that is not in writing or that does not have sufficient 12
description of the kit home to which it relates, or 13
(b) in contravention of any other provision of this Act or the 14
regulations that is prescribed for the purposes of this 15
paragraph, 16
is not entitled to damages or to enforce any other remedy in 17
respect of a breach of the contract committed by any other party 18
to the contract, and the contract is unenforceable by the person 19
who contracted to supply the kit home. However, the person is 20
liable for damages and subject to any other remedy in respect of 21
a breach of the contract committed by the person. 22
(2) This section does not affect the liability of the person for an 23
offence against a provision of or made under this or any other 24
Act. 25
[24] Section 17 Misrepresentations about contractor licences or certificates 26
Omit section 17 (1) (b) and (c). Insert instead: 27
(b) is the holder of a contractor licence authorising its holder 28
to contract to do residential building work, or specialist 29
work, knowing that the individual, partnership or 30
corporation is not the holder of an appropriate contractor 31
licence. 32
[25] Part 2D Regulation of building consultants 33
Omit the Part. 34
Page 6
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Amendment of Home Building Act 1989 No 147 Schedule 2
[26] Part 3, heading 1
Omit ", building consultancy licences". 2
[27] Sections 20 (3) (c), 22A (1) and (2) and 40 (2A) 3
Omit ", or the supplying of a kit home," wherever occurring. 4
[28] Section 21 Authority conferred by contractor licences 5
Omit section 21 (1) (c). 6
[29] Section 22 Cancellation of contractor licences 7
Omit section 22 (2). 8
[30] Section 23 Warning notices 9
Omit "or the supply of kit homes" from section 23 (1). 10
[31] Section 23 (2) 11
Omit "or in supplying kit homes". 12
[32] Part 3, Division 3A Building consultancy licences 13
Omit the Division. 14
[33] Part 3, Division 4, heading 15
Omit ", building consultancy licences". 16
[34] Section 33 Definition 17
Omit paragraphs (c) and (d) of the definition of authority. Insert instead: 18
(c) an owner-builder permit. 19
[35] Sections 40 (2B) and 51 (4) 20
Omit "or building consultancy licence" wherever occurring. 21
[36] Section 40 Renewal or restoration of authorities 22
Omit section 40 (2F). 23
[37] Section 42A Automatic suspension of licence for failure to comply with 24
order to pay money in relation to building claim 25
Omit the definition of licence from section 42A (1). Insert instead: 26
licence means a contractor licence (whether or not an endorsed 27
contractor licence). 28
Page 7
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Schedule 2 Amendment of Home Building Act 1989 No 147
[38] Sections 47 (a), (b) and (d), 48, 60 (1), 89D (1) and (3), 133 (1) (a) and 140 1
(2) (c) 2
Omit ", building consultancy work" wherever occurring. 3
[39] Section 47 Production of authority 4
Omit section 47 (b1). 5
[40] Section 48A Definitions 6
Omit ", specialist work or building consultancy work" from the definition of 7
building goods or services in section 48A (1). 8
Insert instead "or specialist work". 9
[41] Section 48B Definitions 10
Insert in alphabetical order: 11
kit home supplier--see section 16C. 12
[42] Section 48C Notification of building dispute 13
Omit section 48C (1). Insert instead: 14
(1) Any person may notify the Director-General, in such manner as 15
the Director-General may approve, that the person has a dispute 16
with: 17
(a) the holder of a contractor licence with respect to residential 18
building work or specialist work done by the contractor, or 19
(b) a kit home supplier with respect to the supply of a kit home 20
by that person. 21
[43] Section 48E Inspector may make rectification order 22
Omit "contractor" wherever occurring in section 48E (2). 23
Insert instead "kit home supplier". 24
[44] Section 50 Application of Part to former holders and others 25
Omit section 50 (1) (b1). 26
[45] Sections 50 (3) and 127 (1) 27
Omit ", a building consultancy licence" wherever occurring. 28
[46] Section 51 Improper conduct: generally 29
Omit section 51 (1A) and (2A). 30
Page 8
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Amendment of Home Building Act 1989 No 147 Schedule 2
[47] Section 51 (4) 1
Omit "or (2A) (f)". 2
[48] Section 52 3
Omit the section. Insert instead: 4
52 Improper conduct: assisting others 5
The holder of a contractor licence, or of a supervisor or 6
tradesperson certificate, is guilty of improper conduct if the 7
holder aids or abets, or is knowingly concerned in any way in, the 8
doing of any thing by another person in connection with 9
residential building work or specialist work if the thing done: 10
(a) constitutes improper conduct on the part of the person who 11
did it, or 12
(b) would constitute such conduct if the person who did it was 13
authorised, by a contractor licence or certificate, to 14
contract to do, or to do, the work concerned. 15
[49] Section 54 Improper conduct: members of partnerships or officers of 16
corporations 17
Omit "or a building consultancy licence" from section 54 (1). 18
[50] Section 55 Definition of "authority" 19
Omit paragraphs (c) and (d) of the definition of authority. Insert instead: 20
(c) a tradesperson certificate. 21
[51] Section 56A Grounds for taking disciplinary action against holder of a 22
building consultancy licence 23
Omit the section. 24
[52] Section 60 Investigation by Director-General 25
Omit "or any kit home" from section 60 (1) (a). 26
[53] Section 65 When disciplinary action becomes effective 27
Omit section 65 (3) (b). Insert instead: 28
(b) do any work for which this Act requires an authority to be 29
held. 30
[54] Section 83A Definitions 31
Omit paragraph (c1) of the definition of authority. 32
Page 9
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Schedule 2 Amendment of Home Building Act 1989 No 147
[55] Section 90 Definitions 1
Omit the definition of supplier from section 90 (1). 2
[56] Section 91 When Part applies 3
Omit section 91 (2). 4
[57] Section 92 Contract work must be insured 5
Omit "Except as provided by section 94 (1A), a" from section 92 (2). 6
Insert instead "A". 7
[58] Sections 93-94A 8
Omit the sections. 9
[59] Section 97 Exemptions from insurance requirements 10
Omit "(except sections 94 and 94A)" from section 97 (1A). 11
[60] Section 100 Requirements for insurance for kit homes 12
Omit the section. 13
[61] Section 102A Approval of alternative home building indemnity schemes 14
or arrangements 15
Omit "or the supply of a kit home if the work or supply is" from section 16
102A (1). 17
Insert instead "if the work is". 18
[62] Section 103B Period of cover 19
Omit "or the supply of the kit home, or the end of the contract relating to the 20
work or supply" wherever occurring in section 103B (2). 21
Insert instead ", or the end of the contract relating to the work". 22
[63] Section 103N Guarantee Corporation may require builder to make 23
payments or rectify work 24
Omit "or the non-supply of a kit home or supply of a defective kit home" from 25
section 103N (1). 26
[64] Section 103N (1) 27
Omit ", or the supply of the kit home or the replacement of the defective kit 28
home" wherever occurring. 29
Page 10
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Amendment of Home Building Act 1989 No 147 Schedule 2
[65] Section 114 Home Building Administration Fund 1
Omit ", owner-builder permits or building consultancy licences" from section 2
114 (2) (a). 3
Insert instead "or owner-builder permits". 4
[66] Sections 120 (1) (a) and 140 (2) (a) 5
Omit ", building consultancy licences" wherever occurring. 6
[67] Sections 120 (3) and (4), 127 (1) and 131 (g) 7
Omit ", building consultancy licence" wherever occurring. 8
[68] Section 120 Register 9
Omit ", or kit homes supplied," from section 120 (3) (d). 10
[69] Section 131 Certificate evidence 11
Omit "or to supply any kit home so specified" from section 131 (a). 12
[70] Section 131 (b1) 13
Omit the paragraph. 14
[71] Section 133 Evidence of publication 15
Omit "or to indicate that a person is prepared to supply a kit home" from 16
section 133 (1) (a). 17
[72] Section 133 (1) (b) (i) and (ii) 18
Omit "or kit home" and "or kit homes" wherever occurring. 19
[73] Section 140 Regulations 20
Omit "and building consultancy licences" from section 140 (2) (a). 21
[74] Section 140 (2) (a2) 22
Omit the paragraph. 23
[75] Section 140 (2) (c) and (d) 24
Omit "or the supply of kit homes" wherever occurring. 25
[76] Section 140 (2) (g) 26
Omit "or building consultancy licences". 27
Page 11
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Schedule 2 Amendment of Home Building Act 1989 No 147
[77] Schedule 4 Savings and transitional provisions 1
Insert at the end of clause 2 (1): 2
Occupational Licensing Legislation Amendment (Regulatory 3
Reform) Act 2009 4
[78] Schedule 4 5
Insert at the end of the Schedule with appropriate Part and clause numbering: 6
Part Provisions consequent on Occupational 7
Licensing Legislation Amendment 8
(Regulatory Reform) Act 2009 9
Refund of application fees for certain licences 10
(1) This clause applies to an application fee paid by or on behalf of a 11
person for a licence that the person is no longer required to hold 12
because of the amendments made by the Occupational Licensing 13
Legislation Amendment (Regulatory Reform) Act 2009. 14
(2) A person may apply to the Director-General for a refund of an 15
application fee to which this clause applies if the person: 16
(a) paid the application fee, or 17
(b) is applying for or on behalf of the person who paid the 18
application fee. 19
(3) The fixed component of the application fee is to be refunded, on 20
a pro rata basis, to a person who makes an application under 21
subclause (2). 22
(4) In this clause: 23
application fee means any of the following: 24
(a) an application fee for the grant of a new licence, 25
(b) an application fee for the renewal of a licence, 26
(c) an application fee for the restoration of a licence. 27
fixed component of an application fee is the amount set out in 28
Column 4 of Schedule 4 to the Home Building Regulation 2004 29
in relation to the fee. 30
licence means: 31
(a) a contractor licence, or 32
(b) a building consultancy licence. 33
Page 12
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Amendment of Home Building Regulation 2004 Schedule 3
Schedule 3 Amendment of Home Building 1
Regulation 2004 2
[1] Clause 3 Interpretation 3
Omit ", a building consultancy licence" from the definition of authority in 4
clause 3 (1). 5
[2] Clause 4 Work excluded from the definition of "building consultancy 6
work" 7
Omit the clause. 8
[3] Clause 8 9
Omit the clause. Insert instead: 10
8 Definition of "residential building work"--installation of certain 11
fixtures and apparatus included 12
For the purposes of the definition of residential building work in 13
section 3 (1) of the Act, any fixture or fixed apparatus designed 14
for the heating or cooling of water, food or the atmosphere or for 15
air ventilation or the filtration of water in a swimming pool or spa 16
is prescribed. 17
[4] Clause 9 Definition of "residential building work"--certain work 18
excluded 19
Insert after clause 9 (1) (h): 20
(i) any work involved in the installation of any material that 21
forms an upper layer or wearing surface of a floor (even if 22
installed as a fixture) that does not include any structural 23
changes to the floor, 24
(j) any work that involves the installation or maintenance of 25
any fixed apparatus such as a lift, an escalator, an 26
inclinator or a garage door by means of which persons or 27
things are raised or lowered or moved in some direction 28
that is restricted by fixed guides. 29
[5] Part 3, heading 30
Omit ", building consultancy work". 31
[6] Clause 18 Exemptions from requirements for contracts with holders of 32
building consultancy licences 33
Omit the clause. 34
Page 13
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Schedule 3 Amendment of Home Building Regulation 2004
[7] Clause 19 Exemptions relating to provision of information by holders of 1
building consultancy licences 2
Omit the clause. 3
[8] Part 4, heading, Division 1 of Part 4, heading and Division 2 of Part 4, 4
heading 5
Omit ", building consultancy licences" wherever occurring. 6
[9] Clause 27 Additional requirements for obtaining building consultancy 7
licences 8
Omit the clause. 9
[10] Clause 35 Building consultancy licences 10
Omit the clause. 11
[11] Clause 42 Application fees 12
Omit clause 42 (5). 13
[12] Clause 42A Refund of application fees for certain 3-year licences and 14
certificates 15
Omit the definition of licence from clause 42A (4). Insert instead: 16
licence means a contractor licence. 17
[13] Clause 46 Categories of residential building work or specialist work 18
Omit clause 46 (1) (g). 19
[14] Clause 46 (1) (y) 20
Omit the paragraph. 21
[15] Clause 47 Category of building consultancy work 22
Omit the clause. 23
[16] Clause 48 Exemption from requirement to show insurance has been 24
obtained 25
Omit ", or to supply kit homes," from clause 48 (1). 26
[17] Clause 48 (1) (m), (z), (aa) and (ab) 27
Omit the paragraphs. 28
[18] Clause 52 Definitions 29
Omit the definition of supplier from clause 52 (1). 30
Page 14
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Amendment of Home Building Regulation 2004 Schedule 3
[19] Clause 52 (3) 1
Omit ", supplier" wherever occurring. 2
[20] Clause 54 Persons who may arrange insurance contracts 3
Omit "contractor or supplier, or by a beneficiary in respect of the work done 4
or kit home supplied". 5
Insert instead "contractor, or by a beneficiary in respect of the work done". 6
[21] Clause 55 Beneficiaries 7
Omit clause 55 (1) (a) (ii). 8
[22] Clause 56 Losses indemnified 9
Omit clause 56 (2). 10
[23] Clause 56 (3) 11
Omit "or supply", "or supplier" and "or supplier's" wherever occurring. 12
[24] Clause 56 (5) 13
Omit ", supplier". 14
[25] Clause 58 Limitations on liability and cover 15
Omit clause 58 (1) (e). Insert instead: 16
(e) the contract may exclude a claim in relation to damage 17
caused by the normal drying out of the building work, if 18
the damage has occurred despite the contractor taking all 19
reasonable precautions in allowing for the normal drying 20
out when carrying out the building work, 21
[26] Clause 58 (1) (k) (x) 22
Omit "or supplier of a kit home". 23
[27] Clause 61 Period of cover 24
Omit clause 61 (2). 25
[28] Clause 62 Misrepresentation or non-disclosure 26
Omit ", owner-builder or supplier". Insert instead "or owner-builder". 27
[29] Clause 66 Certificates evidencing insurance 28
Omit clause 66 (2). 29
Page 15
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Schedule 3 Amendment of Home Building Regulation 2004
[30] Clause 68 Access for work 1
Omit "or supplier" and "or a kit home" from clause 68 (1). 2
[31] Clause 72 Persons entitled to apply for exemptions from insurance 3
requirements 4
Omit "or supplying kit homes" from clause 72 (b). 5
[32] Clause 73 Temporary exemption from section 92B requirements 6
Omit clause 73 (2). 7
[33] Clause 80 Register 8
Omit "or the kind of kit home the contractor licence authorises the holder to 9
contract to supply (as may be appropriate)" from clause 80 (a) (ii). 10
[34] Clause 80 (a) (v) 11
Omit ", or the kind of kit home the contractor licence authorises the holder to 12
contract to supply (as may be appropriate),". 13
[35] Clause 80 (a) (xiv) 14
Omit ", or kit homes supplied,". 15
[36] Clause 80 (b) 16
Omit the paragraph. 17
[37] Clause 85 18
Omit the clause. Insert instead: 19
85 Advertising 20
In any advertisement of any kind relating to the doing or 21
contracting to do residential building work or specialist work by 22
the holder of a contractor licence, the following details must be 23
included: 24
(a) if the holder is an individual: 25
(i) the holder's name or, if the holder has a business 26
name registered under the Business Names Act 2002 27
in respect of the work to which the contractor 28
licence applies--that business name, and 29
(ii) the number of the contractor licence held by the 30
individual, 31
Page 16
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Amendment of Home Building Regulation 2004 Schedule 3
(b) if the holder is a partnership: 1
(i) the names of all the members of the partnership or, 2
if the partnership has a business name registered 3
under the Business Names Act 2002 in respect of the 4
work to which the contractor licence applies--that 5
business name, and 6
(ii) the number of the contractor licence held by the 7
partnership, 8
(c) if the holder is a corporation: 9
(i) the name of the corporation or, if the corporation has 10
a business name registered under the Business 11
Names Act 2002 in respect of the work to which the 12
contractor licence applies--that business name, and 13
(ii) the number of the contractor licence held by the 14
corporation. 15
Maximum penalty: 20 penalty units in the case of a corporation 16
and 10 penalty units in any other case. 17
[38] Schedule 1 Forms 18
Omit Form 2. 19
[39] Schedule 4 Application fees (as substituted by the Home Building 20
Amendment (Fees) Regulation 2009) 21
Omit "or supplier of kit homes". 22
[40] Schedule 4 (as substituted by the Home Building Amendment (Fees) 23
Regulation 2009) 24
Omit the matter relating to the Building consultancy licence. 25
[41] Schedule 4 (as substituted by the Home Building Amendment (Fees) 26
Regulation 2009) 27
Omit the heading "Replacement contractor licence, building consultancy 28
licence, certificate or owner-builder permit". 29
Insert instead "Replacement contractor licence, certificate or 30
owner-builder permit". 31
Page 17
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Schedule 4 Consequential amendment of Acts and Regulations
Schedule 4 Consequential amendment of Acts and 1
Regulations 2
4.1 Health Administration Act 1982 No 135 3
Schedule 2A Health professional boards 4
Omit the following: 5
* Optical Dispensers Licensing Board established under the 6
Optical Dispensers Act 1963 7
4.2 Health Care Complaints Act 1993 No 105 8
[1] Section 4 Definitions 9
Omit "Optical Dispensers Act 1963" from the definition of health registration 10
Act. 11
[2] Section 4, definition of "health service" 12
Omit ", psychologists and optical dispensers" from paragraph (i). 13
Insert instead "and psychologists". 14
[3] Section 4, definition of "health service" 15
Insert "optical dispensers," after "services provided by" in paragraph (j). 16
[4] Section 94B Tribunal decisions and names of de-registered practitioners 17
to be publicly available 18
Omit section 94B (1) (b) (ii). 19
[5] Section 94B (3) 20
Omit the subsection. Insert instead: 21
(3) For the purposes of this section, a person's registration as a health 22
practitioner under a health registration Act is cancelled if any of 23
the following happen as a result of an action, decision, 24
determination or order of a registration board, tribunal or court 25
under that Act: 26
(a) the person's registration is cancelled, 27
(b) the person is de-registered, 28
Page 18
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Consequential amendment of Acts and Regulations Schedule 4
(c) the person's name is removed from, or struck off, a register 1
or a roll, 2
(d) the person's practising certificate is cancelled. 3
4.3 Health Professionals (Special Events Exemption) Act 1997 4
No 90 5
[1] Section 3 Definitions 6
Omit ", psychologists and optical dispensers" from paragraph (a) of the 7
definition of health care services. 8
Insert instead "and psychologists". 9
[2] Section 3, definition of "Health Registration Act" 10
Omit "Optical Dispensers Act 1963". 11
4.4 Health Records and Information Privacy Act 2002 No 71 12
[1] Section 4 Definitions 13
Omit ", psychologists and optical dispensers" from paragraph (i) of the 14
definition of health service in section 4 (1). 15
Insert instead "and psychologists". 16
[2] Section 4 (1), definition of "health service" 17
Insert "optical dispensers," after "services provided by" in paragraph (j). 18
4.5 Home Building Legislation Amendment Act 2001 No 51 19
Schedule 3 Amendments relating to building consultancy work 20
Omit the Schedule. 21
4.6 Licensing and Registration (Uniform Procedures) Act 2002 22
No 28 23
[1] Schedule 1 Licences to which Part 2 of Act applies 24
Omit "section 32A (1), building consultancy licence" from the matter relating 25
to the Home Building Act 1989. 26
Page 19
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Schedule 4 Consequential amendment of Acts and Regulations
[2] Schedule 3 Registration to which Part 4 of Act applies 1
Omit the matter relating to the Optical Dispensers Act 1963. 2
[3] Schedule 3A Licences and registration to which Part 4A of Act applies 3
Omit "section 32A (1), building consultancy licence" from the matter relating 4
to the Home Building Act 1989. 5
[4] Schedule 4.20 and 4.31 6
Omit the Subschedules. 7
4.7 Minors (Property and Contracts) Act 1970 No 60 8
Second Schedule Saving of specific enactments 9
Omit the matter relating to Optical Dispensers. 10
4.8 Optical Dispensers Act 1963 No 35 11
[1] Schedule 1 Savings and transitional provisions 12
Insert at the end of clause 1 (1): 13
Occupational Licensing Legislation Amendment (Regulatory 14
Reform) Act 2009 15
[2] Schedule 1, Part 3 16
Insert at the end of the Schedule: 17
Part 3 Provisions consequent on Occupational 18
Licensing Legislation Amendment 19
(Regulatory Reform) Act 2009 20
6 Roll fee 21
Despite section 23, an optical dispenser is not required to pay any 22
roll fee for the year commencing 1 July 2010 or any following 23
year. 24
Page 20
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Consequential amendment of Acts and Regulations Schedule 4
4.9 Privacy Code of Practice (General) 2003 1
Schedule 2 Modification of Part 6 of the Act 2
Omit item 12 from all of the columns. 3
4.10 Public Finance and Audit Act 1983 No 152 4
Schedule 2 Statutory bodies 5
Omit "Optical Dispensers Licensing Board". 6
4.11 Public Health Act 1991 No 10 7
[1] Section 10AA Definitions 8
Omit "Optical Dispensers Act 1963" from the definition of health registration 9
Act in the note to the definitions of health practitioner, health registration 10
Act, health service and registration authority. 11
[2] Section 10AA, definition of "health service" in note 12
Omit ", psychologists and optical dispensers" from paragraph (i). 13
Insert instead "and psychologists". 14
[3] Section 10AA, definition of "health service" in note 15
Insert "optical dispensers," after "services provided by" in paragraph (j). 16
[4] Section 10AJ Definitions 17
Omit section 10AJ (2). Insert instead: 18
(2) For the purposes of this Division, a person's registration as a 19
health practitioner under a health registration Act or 20
corresponding health registration legislation is cancelled if any of 21
the following happen as a result of an action, decision, 22
determination or order of a registration board, tribunal or court 23
under that Act or legislation: 24
(a) the person's registration is cancelled, 25
(b) the person is de-registered, 26
(c) the person's name is removed from, or struck off, a register 27
or a roll, 28
(d) the person's practising certificate is cancelled. 29
Page 21
Occupational Licensing Legislation Amendment (Regulatory Reform)
Bill 2009
Schedule 4 Consequential amendment of Acts and Regulations
[5] Schedule 4 Savings and transitional provisions 1
Insert at the end of clause 1 (2A): 2
Occupational Licensing Legislation Amendment (Regulatory 3
Reform) Act 2009 (but only to the extent that it amends this Act 4
or repeals the Optical Dispensers Act 1963) 5
Page 22
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