Plumbers, Gasfitters, and Drainlayers Amendment Act 1999

1: Short Title and commencement
1: This Act may be cited as the Plumbers, Gasfitters, and Drainlayers Amendment Act 1999, and is part of the Plumbers, Gasfitters, and Drainlayers Act 1976 the principal Act
2: This Act comes into force on the 7th day after the date on which it receives the Royal assent.
2: Interpretation
1: Section 2 Chairman Deputy Chairman Chairman clause 1 of the Schedule Deputy Chairman clause 1 of the Schedule .
2: Section 2 Document Official Information Act 1982 Electronic transmission .
3: Sections relating to membership of Board substituted
The principal Act is amended by repealing section 6
6: Constitution of Board
1: The Board consists of—
a: Two persons, each of whom must be a craftsman plumber or a registered plumber; and
b: Two persons, each of whom must be a craftsman gasfitter or a registered gasfitter; and
c: Two registered drainlayers; and
d: Four other persons, of whom—
i: One (but not more than 1) may be a registered person; and
ii: One (but not more than 1) may be a representative of a relevant training organisation.
2: Each member is appointed by the Minister by notice in the Gazette
6A: Term of office
1: Each member takes office from a date specified for that purpose in the notice appointing the member or, if no date is specified in the notice, from the date on which the notice is published in the Gazette
2: Each member is appointed for a term of 3 years or such shorter term as is specified in the notice of appointment, and may be reappointed from time to time, but no person is eligible to be a member for more than 9 consecutive years.
6B: Vacation of office
1: Any member of the Board may at any time resign his or her office by giving a notice to that effect to the Minister.
2: A member of the Board is to be taken to have vacated his or her office if—
a: He or she dies; or
b: He or she is adjudged bankrupt under the Insolvency Act 1967
3: Any member of the Board may be removed from office by the Minister, by notice given to the member, on the grounds of a mental or physical condition affecting performance of duty, or for neglect of duty, or misconduct, proved to the satisfaction of the Minister.
4: A member of the Board may be removed from office by the Minister, with the concurrence of the Board, by notice given to the member, on the ground that the member's performance on the Board is inadequate.
5: The powers of the Board are not affected by any vacancy in its membership
4: Repeals
The principal Act is amended by repealing sections 7 to 10 12
5: New sections substituted
The principal Act is amended by repealing section 14
14: Fees and allowances
There may be paid to members of the Board, any committee appointed by the Board, and to investigators appointed under section 40
14A: Board may prescribe fees
1: The Board may from time to time, by notice in the Gazette
a: An application for registration under this Act:
b: An addition or alteration to the register:
c: The issue of any licence:
d: The issue of any certificate, or a copy of any certificate:
e: An application for an exemption under this Act:
f: The supply of a copy of any entry in the register:
g: Inspection of the register, or of any other documents kept by the Board that are open for inspection:
h: The supply to any registered person of any documents, other than certificates of registration, required by him or her for the purpose of seeking registration overseas:
i: Any other matter that relates to anything the Board is required to do in order to carry out its functions.
2: Different fees may be prescribed under this section for different classes of registered person.
3: Any notice prescribing any fee under this section may exempt any class or classes of person from liability to pay any such fee, and may provide for the waiver or refund of any such fee. 1995 No 95 s 126
14B: Disciplinary levy
1: The Board may from time to time, by notice in the Gazette
a: Investigations into allegations or complaints against registered persons; and
b: Proceedings concerning discipline under this Act.
2: Any notice imposing any levy under this section may exempt from liability to pay such levy any class or classes of registered person, and may provide for the waiver or refund of any such levy. 1995 No 95 s 127
14C: Further provisions relating to fees and levy
1: Any notice under section 14A or section 14B Gazette
2: Every notice under section 14A or section 14B Gazette
3: Every notice under section 14A or section 14B Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989
4: Every fee set under section 14A section 14B 1995 No 95 s 128
6: Insurance of members of Board, etc
Section 16 section 12 or section 44 any contract or under section 44
7: Further provisions relating to Board in Schedule
The principal Act is amended by inserting, after section 18
18A: The provisions set out in the Schedule apply to the Board and its proceedings.
8: Disciplinary powers of Board
Section 42(2)(c) $100 $10,000
9: Offences
Section 50(1) $500 $10,000
10: Exclusion of liability
The principal Act is amended by repealing section 62
62:
1: Neither the Board, nor any committee appointed by the Board, nor an investigator appointed under section 40 section 44
a: Any act done or omitted to be done in the course of the exercise or intended exercise of any of their functions, duties, or powers under this Act; or
b: Any words spoken or written at, or for the purposes of, the hearing of any inquiry or other proceedings under this Act; or
c: Anything contained in any notice given under this Act.
2: Subsection (1)
3: Subsection (1) section 5(2) or section 13
11: Regulations
Section 66(1) paragraphs (d) (i)
12: Schedule added
The principal Act is amended by adding the Schedule set out in the Schedule
13: Revocation and saving
1: Regulation 11 8 Plumbers, Gasfitters, and Drainlayers Regulations 1977
2: Despite subsection (1) Plumbers, Gasfitters and Drainlayers Regulations 1977 subsection (1) section 14A
14: Transitional provisions relating to membership of Board
1: Despite section 3
a: Continue to hold office; but
b: Cease to be members of the Board—
i: When the first persons take office under section 6
ii: If no appointments are made under section 6
2: The prohibition contained in section 6A(2)
a: Continues to hold office under this section; or
b: Holds office under an appointment made within 1 year beginning on that commencement.
3: Subsection (1) section 6B
4: Subsection (1) section 6(1)(i)
15: Consequential repeals
The following enactments are repealed:
a: Section 3 of the Plumbers, Gasfitters, and Drainlayers Amendment Act 1980
b: So much of Schedule 1 Local Government Amendment Act 1992 section 6
c: Section 22(1) of the Plumbers, Gasfitters, and Drainlayers Amendment Act 1992