Document ID: chunk:federal_register_of_legislation:F2024L00805:clause:1_6:p1
Version: federal_register_of_legislation:F2024L00805
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 1/2)
Character Range: 1991–5862

6  Exemptions
 (1) For the purposes of paragraph 42S(1)(a) of the Act, a registration in column 1 of the table in subsection (3) of this section is excluded from the operation of automatic deemed registration in New South Wales.
 (2) For the purposes of subsection 42S(2) of the Act, column 2 of the table in subsection (3) of this section sets out a statement of the risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public in relation to each registration in column 1.
 (3) The table is as follows:

Exemptions for the purposes of paragraph 42S(1)(a)
                                                    Column 1                                                                                                                                                              Column 2

Item                                                Registration                                                                                                                                                          Statement of risk
    1.                                              Licences, certificates, and accreditations under the Property and Stock Agents Act 2002 (NSW)                                                                         Significant risk to consumer protection. Currently, the regulator cannot prescribe an amount for ADR operators to contribute to the compensation funds, nor is there a means for operators to make these payments. This will mean that ADR operators are unable to comply with their obligations and public protection requirements will not be met.
  2.                                                Licences and certificates under the Motor Dealers and Repairers Act 2013 (NSW)                                                                                        Significant risk to consumer protection. Currently, the regulator cannot prescribe an amount for ADR operators to contribute to the compensation funds, nor is there a means for operators to make these payments. This will mean that ADR operators are unable to comply with their obligations and public protection requirements will not be met.

  3.                                                Licences under the Conveyancers Licensing Act 2003 (NSW)                                                                                                              Significant risk to consumer protection. Conveyancers' compensation fund contributions are set by referral to the Property & Stock Agents Act 2002 (NSW). Currently, the regulator cannot prescribe an amount for ADR operators to contribute to the compensation funds, nor is there a means for operators to make these payments. This will mean that ADR operators are unable to comply with their obligations and public protection requirements will not be met.
  4.                                                Contractor licence and supervisor certificate for general building work under the Home Building Act 1989 (NSW)                                                        Significant risk to consumer protection and the public safety. The building and construction sector in NSW is subject to additional requirements and protections. Building failures result in costs to homeowners in remedying defects and an increased risk to safety for people living with non-compliant building work. The NSW Government and consumers need to have confidence in the building and construction sector.
  5.                                                Contractor licence and supervisor certificate for the erection of prefabricated metal-framed home additions and structures under the Home Building Act 1989 (NSW)     Significant risk to consumer protection and the public safety. The building and construction sector in NSW is subject to additional requirements and protections.