Plumbers, Gasfitters, and Drainlayers Act 2006

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Reprint as at 1 March 2017

Plumbers, Gasfitters, and Drainlayers Act 2006

Public Act		2006 No 74
Date of assent		4 December 2006
Commencement		see section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

The Act is administered by the Ministry of Business, Innovation, and Employment.

1	Title
2	Commencement
	Part 1 Preliminary and key provisions
	Subpart 1—Preliminary provisions
3	Purposes of this Act
4	Interpretation
5	Meaning of gasfitting
6	Meaning of sanitary plumbing
7	Act binds the Crown
	Subpart 2—Key provisions
	Restrictions on doing or assisting with sanitary plumbing, gasfitting, and drainlaying
8	Restrictions on doing or assisting with sanitary plumbing
9	Restrictions on doing or assisting with gasfitting
10	Restrictions on doing or assisting with drainlaying
11	Body corporate does not breach restriction if work is actually done by authorised natural person
	General exemptions
12	Board may exempt person or class of persons from sections 8 to 10
13	Exemption for trainees
14	Board may issue limited certificate for purposes of section 13
	Specific sanitary plumbing exemptions
15	Exemption for householders
16	Exemption for sanitary plumbing in areas in rural districts
17	Provisions relating to alteration of boundaries of local authority districts
18	Exemption for installing and maintaining particular sanitary plumbing equipment
19	Exemption for sanitary plumbing under supervision
	Specific gasfitting exemptions
20	Board may authorise person to carry out or supervise gasfitting
21	Exemption for gasfitting under supervision
22	Exemption for work on certain gas installations
23	Exemption for underground pipes conveying gas to premises
24	Exemption for fixing of water heaters by gasfitters
	Specific drainlaying exemption
25	Exemption for drainlaying under supervision
	Miscellaneous provisions concerning exemptions
26	Board may cancel application of exemption to any person
27	Work done under exemptions must be done in accordance with regulations
	Part 2 Registration and licensing of plumbers, gasfitters, and drainlayers
	Subpart 1—Plumber, gasfitter, and drainlayer registration and licensing
	Classes of registration
28	Classes of registration may be designated by Board
29	Board must consider designating classes of registration that replace or correspond to types of registration under former Act
30	Board may prescribe other registration and licensing matters
31	Minimum standards for registration
32	Principles guiding prescribing of registration and licensing matters
33	Board must consult before publishing notices
34	Notices published under sections 28 and 30 must be approved by Minister
35	Other provisions relating to notices under sections 28 and 30
	How to become registered
36	Entitlement to registration
37	Applications for registration
38	Registrar may issue provisional licence pending consideration of application
39	Duration of provisional licence
40	Board to consider application
41	Board to register applicant or decline application
42	Registration subject to terms and conditions
	How to become licensed
43	Practising licence required
44	Entitlement to practising licence
45	Applications for practising licence
46	Board to consider application
47	Board to issue practising licence or decline application
48	Practising licence subject to terms and conditions
	Duration and renewal of practising licence
49	Duration of practising licence
50	Applications for renewal of practising licence
51	Renewal of practising licence
	Exemptions from registration and licensing requirements and conditions
52	Board may grant exemptions from registration and licence requirements and conditions
	Competence
53	Review of registered person’s competence
54	Procedure on review of competence
55	Competence programmes
56	Unsatisfactory results of competence programme
	Cancellation and suspension
57	Cancellation and suspension generally
58	Effect of suspension
59	Board may cancel registration or licence if obtained wrongfully
60	Cancellation or suspension of overseas qualification, certificate, registration, or licence
	Miscellaneous provision
61	Board may delegate power to Electrical Workers Registration Board to act under this subpart
	Subpart 2—Employer licences in respect of gasfitting
62	Employer licence in respect of gasfitting
63	Gasfitting may be done under employer licence
64	Duration of employer licence
65	Renewal of employer licence
66	Cancellation, suspension, and other actions in relation to employer licences
67	Board must give employer licence holder reasonable opportunity to be heard
68	Miscellaneous provisions concerning actions under section 66
69	Powers of inspection
	Subpart 3—Register of plumbers, gasfitters, and drainlayers
70	Register of plumbers, gasfitters, and drainlayers
71	Registrar must enter matters in register
72	Purpose of register
73	Form of register
74	Matters to be contained in register
75	Historical registration and licence information and documentation to be included in register
76	Duty to notify change of address
77	Duty to notify change of name
78	Revision of register
79	Restoration of registration or licence
80	Board may direct Registrar to record cancellation, suspension, or order
81	Alterations to register
82	Register to be public
83	Restricting public access to information and documents on register
84	Search of register
85	Search criteria
86	Search purposes
87	When search constitutes interference with privacy of individual
	Part 3 Discipline and offences
	Subpart 1—Discipline
	Preliminary provisions
88	Persons to whom this subpart applies
89	Disciplinary offence
	Complaints
90	Complaints
	Investigations
91	Registrar must appoint investigator
92	Investigation of complaint
93	Investigator’s powers
94	Registrar must supply warrant of authority
95	Duties of investigator supplied with warrant of authority
96	Restriction on entry to dwellinghouse
97	Investigator must give notice to occupier of dwellinghouse
98	Notices to supply information or documents
99	Offence to fail to comply with notice to supply information or document
	Consideration of complaint by Board
100	Board must hold hearing if investigator reports that complaint should be considered by Board
101	Notice of disciplinary proceedings
	Interim suspension or disqualification
102	Interim suspension or disqualification
103	Form of interim suspension or disqualification order
104	Revocation of interim suspension or disqualification
105	Board must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order
	Exercise of disciplinary powers
106	Disciplinary powers of Board
107	Costs and expenses
108	Enforcement of fines, costs, and expenses
109	Suspension, restriction, or disqualification may take effect immediately
110	Effect of disqualification
111	Consequences of failure to comply with order to pass examination, complete competence programme, or attend course of instruction
	Procedure and miscellaneous matters
112	Rules of natural justice to be observed
113	Meetings to be held in public
114	Investigator to prosecute matter
115	Appointment of legal advisor to assist Board
116	Appointment of persons to assist investigator
117	Evidence
118	Board to have powers of commission of inquiry
119	Orders to be in writing
120	Publication of decisions and orders
	Subpart 2—Offences
121	False declarations and representations
122	Unlicensed or unregistered person must not claim to be licensed or registered
123	Offences to engage in work in breach of sections 8 to 10 and to employ person to do work in breach of those sections
124	Offence to fail to comply with condition of employer licence
125	Other offences
126	Certificate by Registrar to be evidence of various matters
127	Time for filing charging document
128	Infringement offences
129	Infringement notices
130	Procedural requirements for infringement notices
131	Payment of infringement fee
132	Effect of infringement notice
	Part 4 Administration, appeals, and miscellaneous provisions
	Subpart 1—Plumbers, Gasfitters, and Drainlayers Board
133	Plumbers, Gasfitters, and Drainlayers Board
134	Membership of Board
135	Term of office
136	Vacation of office
137	Functions of Board
138	Powers of Board
139	Power to amend or revoke
140	Registrar of Plumbers, Gasfitters, and Drainlayers
141	Other officers
142	Board may prescribe fees
143	Disciplinary and prosecution levy
144	Board may prescribe forms
145	Further provisions relating to fees, levy, and forms
146	Application of money received by Board
147	Fees and allowances
148	Unauthorised expenditure
149	Auditor-General to be auditor of Board
150	Obligation to prepare annual report
151	Form and content of annual report
152	Obligation for Board to provide annual report to Minister
153	Board to publish reports
154	Annual reports to be presented to House of Representatives
155	Power of Minister to require information relating to affairs of Board
156	Power of Minister to require output agreement
157	Minister may require output agreement to include matters relating to Board’s relationship with industry training organisation
158	Annual financial statements and statement of responsibility
159	Audit
160	Power to borrow money
161	Further provisions relating to Board and members in Schedule 1
	Subpart 2—Appeals
162	Appeals
163	Time for lodging appeal
164	Procedure on appeal
165	Court may refer appeals back for reconsideration
166	Costs
167	Power of court to prohibit publication of person’s name or affairs
168	Decision to continue in force pending appeal
169	Appeal on question of law
	Subpart 3—Miscellaneous provisions, consequential amendments, and repeals
170	Notice and service of documents by Board, member, Registrar, or investigator
171	Exclusion of liability
171A	Validation of disciplinary levy
171B	Validation of offences fee
	Regulations
172	Regulations
	Transitional provisions
173	Registered persons continue to be registered persons
174	Registered persons who hold licences under former Act continue to hold licences
175	Persons holding provisional licences
176	Persons holding employer licences
177	Persons holding limited certificates
178	Board may vary licence, registration, or certificate or impose conditions, limitations, or restrictions on licence, registration, or certificate
179	Applications pending at commencement of this section
180	Provisions relating to persons whose registration is suspended
181	Continuation of pending investigations, inquiries, and disciplinary proceedings
182	Complaints about conduct before commencement of this section
183	Hearing concerning conduct before commencement of this section
184	Notices made under repealed provisions to have continuing effect
	Amendments, repeal, and revocation
185	Acts amended
186	Repeal and revocation
	Review of Act
187	Review of Act
	Schedule 1 Provisions applying to Plumbers, Gasfitters, and Drainlayers Board and its members
	Schedule 2 Consequential amendments
	Reprint notes

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Plumbers, Gasfitters, and Drainlayers Act 2006

Plumbers, Gasfitters, and Drainlayers Act 2006

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