After section 34 of the Principal Act , the following section is inserted in Division 2:

34A.     Deemed registration of contractors

(1)  In this section –

occupation has the meaning it has in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;

participating jurisdiction has the meaning it has in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth.

(2)  A person who intends to carry out work as a contractor in the State by virtue of holding deemed registration must notify the Administrator of the person’s entitlement to hold deemed registration and intent to carry out work in this State, before the person –

(a) enters into a contract to carry out any prescribed work; or

(b) employs another person to carry out any prescribed work; or

(c) has the management or control of any other person carrying out any prescribed work.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A notification under subsection (2) –

(a) must be in a manner approved by the Administrator; and

(b) must be in a form approved by the Administrator; and

(c) is to contain any information that the Administrator considers necessary.

(4)  If there is a change in the information provided by a person in a notification to the Administrator under subsection (2), the person must, as soon as is practicable, in a form approved by the Administrator, notify the Administrator of the change.

Penalty:  Fine not exceeding 10 penalty units.

(5)  A person who holds a contractor’s licence by virtue of holding deemed registration must not carry on business as a contractor in the State unless the work is within the scope of the work that the person is authorised to carry out for that occupation in the relevant participating jurisdiction.

Penalty:  Fine not exceeding 10 penalty units.

(6)  If a person is found guilty of an offence against subsection (2), (4) or (5), the Administrator may –

(a) suspend or cancel the deemed registration held by the person; and

(b) disqualify the person from holding a contractor’s licence by virtue of holding deemed registration for a specified period or until the person fulfils a specified condition.

(7)  The Administrator may, at any time, request a person who holds a contractor’s licence by virtue of holding deemed registration to provide the Administrator with any information that the Administrator requires in relation to the maintenance of the person’s skills and any continuing professional development undertaken by the person.