Painters’ Registration Act 1961
Painters’ Registration Board Rules 1962
These rules were repealed by the Building Services (Registration) Act 2011 s. 111 (No. 19 of 2011) as at 29 Aug 2011 (see s. 2(b) and Gazette 26 Aug 2011 p. 3475‑6).
Painters’ Registration Act 1961
Painters’ Registration Board Rules 1962
These rules were repealed by the Building Services (Registration) Act 2011 s. 111 (No. 19 of 2011) as at 29 Aug 2011 (see s. 2(b) and Gazette 26 Aug 2011 p. 3475‑6).
Western Australia
Painters’ Registration Board Rules 1962
Contents
1.Citation1
2.Terms used in these rules1
3.Nomination of appointee members1
4.Meetings and business of the Board1
6.The Register of Painters (s. 10)2
7.Registration — individuals (s. 12)2
8A.Prescribed qualifications (Act s. 12(1)(b)(i))3
8.Course of training and examinations (s. 13)3
9.Applicants for examination4
10.Registration of partnerships, companies and other bodies corporate (s. 14)4
10A.Change of address5
12.Statutory declarations5
13.Fees6
Second Appendix
Third Appendix — Fees
Notes
Compilation table19
Defined terms
Western Australia
Painters’ Registration Act 1961
Painters’ Registration Board Rules 1962
These rules may be cited as the Painters’ Registration Board Rules 1962 1.
In these rules unless the context requires otherwise —
Board means the Painters’ Registration Board constituted under the Act;
the Act means the Painters’ Registration Act 1961.
3.Nomination of appointee members
Not less than one month before the expiration of the term of appointment of any member of the Board, the Registrar shall notify the Minister of the vacancy that is to occur.
4.Meetings and business of the Board
(1)The Board shall hold meetings for the transaction of its business at such periods, on such days and at such times and places as the Board may from time to time by resolution determine.
Provided that a meeting of the Board shall be held at least once in every month.
(2)At every meeting of the Board matters before the Board shall be resolved by a majority of the votes of the members present, and the decision of the majority shall be the decision of the Board.
(3)Any meeting of the Board may be adjourned from time to time and as often as the majority of the members present from time to time may determine.
(4)Two members shall be a quorum for the conduct of the business of the Board.
(5)In the absence of the Chairman at any meeting the members present may elect one of their number to act as Chairman for that meeting.
[5.Deleted in Gazette 30 Dec 1983 p. 5134.]
6.The Register of Painters (s. 10)
The Register of Painters to be kept by the Board shall be in the Form No. 1 in the Second Appendix.
7.Registration — individuals (s. 12)
(1)Any person who desires to be registered as a painter under the Act shall make application to the Board in writing, signed by him, in the Form No. 2 in the Second Appendix and shall verify such application by making the statutory declaration contained in that form.
(2)The application shall contain all the particulars required therein, shall be lodged with the Registrar and shall be accompanied by the appropriate fee prescribed in the Third Appendix.
(3)Where the application for registration is grounded upon a certificate that the applicant has passed the prescribed examination, such certificate shall, if so required by the Board, be produced with the application for registration.
(4)The applicant, in addition to the particulars contained in his application, shall furnish to the Registrar documentary proof of grounds and such other information as may be required by the Board, and shall verify the same by statutory declaration.
[(5)deleted]
(6)Where an application for registration is granted, a certificate of registration shall be issued to the applicant in the Form No. 3 in the Second Appendix, upon payment to the Registrar of the certificate fee prescribed in the Third Appendix.
[Rule 7 amended in Gazette 24 Feb 1970 p. 555.]
8A.Prescribed qualifications (Act s. 12(1)(b)(i))
For the purposes of section 12(1)(b)(i) of the Act, the prescribed qualification is the Certificate III in Painting and Decorating BCG30603, a prescribed VET qualification as defined in the Vocational Education and Training Act 1996 section 5(1).
[Rule 8A inserted in Gazette 23 Jul 2010 p. 3399.]
8.Course of training and examinations (s. 13)
(1)The course of training and the course of study to be undertaken by persons desirous of submitting themselves for examinations held by the Board for persons desiring to be registered under section 12(1)(a) of the Act shall be such as may from time to time be declared and published by the Board.
(2A)The prescribed additional examinations that persons applying to be registered under section 12(1)(b) of the Act have to have passed are examinations on the subjects of —
(a)business management; and
(b)estimating and specification.
(2)Examinations shall be held in the month of November in each and every year, provided that the Board may at any time hold any additional examination on a date to be fixed by the Board.
[Rule 8 amended in Gazette 14 Nov 1975 p. 4205; 1 Dec 1978 p. 4560; 3 Jul 1981 p. 2613; 23 Jul 2010 p. 3400.]
(1)Any person who desires to sit for an examination held by the Board shall, at least 14 days before the date fixed for the commencement of that examination, make application to the Board for leave to sit for that examination.
(2)The application shall be in writing, signed by the applicant, in the Form No. 4 in the Second Appendix, and shall contain the particulars required therein.
(3)The application shall be lodged with the Registrar and shall be accompanied by the examination fee prescribed in the Third Appendix.
(4)When the application is granted, the Registrar shall issue to the applicant an examination card, which shall admit the applicant to the examination.
(5)When an applicant for examination has passed the examination held by the Board he shall be entitled to receive from the Board, upon payment of the certificate fee prescribed in the Third Appendix, a certificate of examination in the Form No. 5 in the Second Appendix.
10.Registration of partnerships, companies and other bodies corporate (s. 14)
(1)Any partnership that applies to be registered under the Act shall make application to the Board in writing in the Form No. 6 in the Second Appendix.
(2)The application of the partnership shall be verified by statutory declaration made by a member of the partnership, shall contain all the particulars required therein, shall be lodged with the Registrar and shall be accompanied by the appropriate fee prescribed in the Third Appendix.
(3)Any company or other body corporate which applies to be registered under the Act shall make application to the Board in writing under its common seal in the Form No. 7 in the Second Appendix.
(4)The application of the company or other body corporate shall contain all the particulars required therein, shall be lodged with the Registrar and shall be accompanied by the registration fee prescribed in the Third Appendix.
[(5)deleted]
(6)Where an application for registration under this rule is granted, a certificate of registration shall be issued to the applicant in the Form No. 3 in the Second Appendix upon payment to the Registrar of the certificate fee prescribed in the Third Appendix.
(7)The registration of a partnership, company or other body corporate shall continue and have effect only while at least one partner of the partnership, or one director or one member of the board of management of the company, or a person employed by the partnership, company or body corporate whose duty it is to manage and supervise the painting carried out, is registered.
[Rule 10 amended in Gazette 24 Feb 1970 p. 555.]
Every registered painter shall, within 28 days after any change in the address of the premises from which he carries on business, give to the Registrar written notice of that change of address.
[Rule 10A inserted in Gazette 24 Feb 1970 p. 556.]
[11.Deleted in Gazette 30 Dec 2004 p. 7019.]
For the verification of statements and information required under these rules to be verified, the Board may accept statutory declarations.
The fees to be paid by persons under and in accordance with these rules shall be the fees set forth respectively in the Third Appendix.
[First Appendix deleted in Gazette 30 Dec 1983 p. 5134.]
Form No. 1
Painters’ Registration Act 1961
REGISTER OF PAINTERS
(Rule 6)
Name ................................................................. Registered Number ....................
Address .............................................................. Date of Registration ..................
Qualification(s) Sec. 12 (......)............................ Minute Book Folio ....................
Remarks .................................................................................................................
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Painters’ Registration Board — Register of Painters
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Form No. 2
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PAINTERS’ REGISTRATION ACT 1961 and Rules APPLICATION FOR REGISTRATION AS A PAINTER (Individual) (Rule 7) |
OFFICE USE: Rect. No. .......... Paid .................. Date .................. Approved: Date .................. Number ............ |
To the PAINTERS’ REGISTRATION BOARD,
18 Harvest Terrace,
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(a) Full name of applicant in Block Letters. (b) Address. (c) Occupation.
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1.I (a) ..................................................................................... ............................................................................................ of (b) .................................................... Post Code ............ in the State of |
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(d) Place of birth.
(e) Date of birth. |
2.My qualifications for such registration are as follows: — (A) I am over the age of 21 years, having been born at (d) ....................................................................... in the State of ................................................................ on the (e) ............................. day of ......................... 19............. and |
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(B) I am a person of good character as evidenced by the 2 testimonials annexed to this application and |
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(C) I have completed the prescribed course of training and have passed the prescribed examination as laid down by the Board, and |
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* strike out paragraphs which do not apply |
* (i)I have completed the prescribed course of training and passed the examination as laid down by the Industrial Arbitration Act 1912 2 for apprentices to the painting trade. or * (ii)I have had 5 years practical experience other than as an apprentice. |
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3.The prescribed application fee accompanies this application. |
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(f) Date of Application. |
Dated the (f) .......................... day of ............................. 20....... |
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(g) Signature. |
(g)........................................................Applicant |
Statutory declaration
I,
[name, address and occupation of person making the declaration]
sincerely declare that the information provided by me in this application is true and correct.
This declaration is true and I know that it is an offence to make a declaration knowing that it is false in a material particular.
This declaration is made under the Oaths, Affidavits and Statutory Declarations Act 2005 at [place] on [date] by —
[Signature of person making the declaration]
in the presence of —
[Signature of authorised witness]
[Name of authorised witness and qualification as such a witness]
[Form 2 inserted in Gazette 30 Jan 1976 p. 238‑9; amended in Gazette 2 Dec 1983 p. 4800; 24 Dec 1991 p. 6396; 15 Jun 2007 p. 2780; 23 Jul 2010 p. 3400.]
Form No. 3
Painters’ Registration Act 1961
Painters’ Registration Board
CERTIFICATE OF REGISTRATIONNo. ...........
(Rule 7)
This is to certify that .............................................................................................. has this day been registered as a painter under the provisions of the Painters’ Registration Act 1961.
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Chairman.
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Registrar.
Date....................................................
Form No. 4
Painters’ Registration Act 1961
APPLICATION FOR LEAVE TO SIT FOR EXAMINATION AS A QUALIFICATION FOR REGISTRATION AS A PAINTER
(Rule 9)
To the Painters’ Registration Board,
18 Harvest Terrace,
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(a) Full name of applicant. (b) Address. (c) Occupation.
(d) Date of commencement of examination. |
1. I (a) .................................................................................. of (b) .......................................................................................... in the State of Western Australia, (c) ........................................ being desirous of qualifying for registration as a painter under the Painters’ Registration Act 1961, hereby apply for leave to sit as a candidate at the next prescribed examination to be held by the Board, commencing on the (d) ....................................... day of ..................................... 20............. |
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(e) Age. (f) Place of birth. (g) Date of birth. |
2. I am (e) ........................... years of age, having been born at (f) ........................................ in the State of ........................... on the (g) ...................... day of ........................... 19............. |
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(h) Place where training undertaken. (i) Name of employer or instructor. (j) Address. (k) Occupation. (l) Period during which training undertaken. |
3. I have undertaken the course of training prescribed by the Board at (h) ............................................... in the said State under the supervision or instruction of (i) ................................. of (j) ...................................................................... in the State of between the (l) ..................... day of ........................ 20............, and the ...................... day of ................................... 20............. The prescribed examination fee accompanies this application. Dated the ......................... day of ............................. 20....... |
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(m) Signature of applicant. |
(m).......................................................... Applicant. |
[Form 4 amended in Gazette 30 Jan 1976 p. 239; 24 Dec 1991 p. 6396; 15 Jun 2007 p. 2780.]
Form No. 5
Painters’ Registration Act 1961
CERTIFICATE OF EXAMINATION
(Rule 9)
Painters’ Registration Board
This is to certify that ..............................................................................................
of ............................................................................................................................
in the State of
the course of training prescribed by the Board for persons desirous of being registered as painters under the Painters’ Registration Act 1961, and that the said .........................................................................................................................
has successfully passed the examination held by the Board on the .......................
day of ..................................... 20........., as a qualification for such registration.
Dated the ......................................... day of ........................................ 20........
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Chairman.
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Registrar.
Form No. 6
Painters’ Registration Act 1961
APPLICATION BY A PARTNERSHIP FOR REGISTRATION AS A PAINTER
(Rule 10)
To the Painters’ Registration Board,
18 Harvest Terrace,
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1. ....................................... (Trading Name), a partnership trading or about to trade as a painter, hereby applies to be registered under the provisions of the Painters’ Registration Act 1961. |
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2. The partnership is or is not registered under the provisions of the Business Names Act 1962. |
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3. The membership of the partnership comprises: — Full Name.Address. |
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4. The partnership agreement authorises it to engage in the business of trading as a painter. |
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Name of registered partner. |
5. ................................................. (Full name, block letters) .................................................................................. (Address), a registered painter, number............................, — |
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Strike out inapplicable. |
(i)is a partner; (ii)is a person employed by the partnership, who will manage and supervise painting undertaken by the partnership. |
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6. The prescribed application fee accompanies this application. Dated the ..................... day of ......................... 20............. .................................................. Partnership Signature. |
DECLARATION
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Full name of declarant. |
I, ........................................................................................... of ........................................................................................., the person making the above application for and on behalf of the partnership do solemnly and sincerely declare that the particulars contained therein are true and correct. And I make this declaration under the provisions of section 106 of the Evidence Act 1906. |
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Declared at ................................ in this ............................... day of .................................................. Before me — ........................................................ J.P. or Commissioner for Declarations. |
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OFFICE USE: Approved............................... Number.................................. |
[Form 6 amended in Gazette 30 Jul 1963 p. 2209; 30 Jan 1976 p. 239; 2 Dec 1983 p. 4800; 24 Dec 1991 p. 6396; 15 Jun 2007 p. 2780.]
Form No. 7
Painters’ Registration Act 1961
APPLICATION BY AN INCORPORATED COMPANY OR BODY CORPORATE FOR REGISTRATION AS A PAINTER
(Rule 10)
To the Painters’ Registration Board,
18 Harvest Terrace,
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Name of Company. |
1. ......................................................................... Limited, a company registered under the Corporations Act 2001 of the Commonwealth, and having its registered office situate at .................................................. hereby applies to be registered under the provisions of the Painters’ Registration Act 1961. |
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2. The company is not prohibited by its constitution from engaging in the business of trading as a painter. |
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Name of registered painter. |
3. ................................................. (Full name, block letters) .................................................................................. (Address), a registered painter, number ....................................................., under the provisions of the said Act — |
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Strike out inapplicable. |
(i)is a director; (ii)is a member of the board of management; or (iii)is a person employed by the company, who will manage and supervise painting undertaken by the company. |
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4. The prescribed application fee accompanies this application. |
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Common seal. |
5. The Common Seal of the Company was hereunto affixed by authority of the directors the ........................................ day of .............................................................. 20............. ............................................. Director. |
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OFFICE USE: Approved............................... Number.................................. |
[Form 7 amended in Gazette 30 Jan 1976 p. 239; 2 Dec 1983 p. 4800; 24 Dec 1991 p. 6396; 4 Jan 2002 p. 4; 15 Jun 2007 p. 2780.]
[Form 8 deleted in Gazette 30 Dec 2004 p. 7019.]
[r. 13]
[Heading inserted in Gazette 22 Jun 2011 p. 2322.]
The following fees are prescribed for the purposes of these rules —
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$ |
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1. |
For examination |
6.30 |
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2. |
For application for registration — |
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(a)companies |
123.00 |
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(b)individuals |
123.00 |
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(c)partnerships |
94.00 |
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3. |
For annual registration fee — |
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(a)companies |
356.00 |
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(b)individuals |
236.00 |
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(c)partnerships |
146.00 |
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4. |
For any certificate |
11.00 |
[Third Appendix inserted in Gazette 22 Jun 2011 p. 2322‑3.]
1This is a compilation of the Painters’ Registration Board Rules 1962 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Painters’ Registration Board Rules 1962 |
27 Dec 1962 p. 4125‑34 |
1 Jan 1963 |
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Untitled rules |
30 Jul 1963 p. 2208‑9 |
30 Jul 1963 |
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Untitled rules |
31 Aug 1965 p. 2559 |
31 Aug 1965 |
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Untitled rules |
2 Jul 1969 p. 1953 |
2 Jul 1969 |
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Untitled rules |
24 Feb 1970 p. 555 |
24 Feb 1970 |
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Untitled rules |
24 Feb 1970 p. 556 |
24 Feb 1970 |
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Untitled rules |
31 Jan 1975 p. 292 |
31 Jan 1975 |
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Untitled rules |
14 Nov 1975 p. 4205 |
14 Nov 1975 |
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Untitled rules |
30 Jan 1976 p. 238‑9 |
30 Jan 1976 |
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Untitled rules |
1 Dec 1978 p. 4560 |
1 Dec 1978 |
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Painters’ Registration Board (Amendment) Rules 1980 |
12 Dec 1980 p. 4271 |
1 Jan 1981 (see r. 2) |
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Painters’ Registration Board Amendment Rules 1981 |
3 Jul 1981 p. 2613 |
3 Jul 1981 |
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Painters’ Registration Board Amendment Rules (No. 2) 1981 |
4 Dec 1981 p. 5031 |
1 Jan 1982 (see r. 2) |
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Painters’ Registration Board Amendment Rules 1983 |
2 Dec 1983 p. 4800 |
31 Dec 1983 (see r. 3) |
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Painters’ Registration Board Amendment Rules (No. 2) 1983 |
30 Dec 1983 p. 5134‑5 |
1 Jan 1984 (see r. 3) |
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Painters’ Registration Board Amendment Rules 1985 |
15 Feb 1985 p. 633 |
15 Feb 1985 |
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Painters’ Registration Board Amendment Rules 1986 |
24 Jan 1986 p. 298‑9 |
24 Jan 1986 |
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Painters’ Registration Board Amendment Rules (No. 2) 1986 |
19 Dec 1986 p. 4926 |
19 Dec 1986 |
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Painters’ Registration Board Amendment Rules 1987 |
31 Dec 1987 p. 4609 |
31 Dec 1987 |
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Painters’ Registration Board Amendment Rules 1989 |
29 Dec 1989 p. 4685 |
1 Jan 1990 (see r. 2) |
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Reprint of the Painters’ Registration Board Rules 1962 as at 9 May 1991 in Gazette 6 Jun 1991 p. 2765-82 (includes amendments listed above) |
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Painters’ Registration Board Amendment Rules 1991 |
24 Dec 1991 p. 6395‑6 |
1 Jan 1992 (see r. 2) |
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Painters’ Registration Board Amendment Rules 1993 |
29 Jan 1993 p. 859 |
1 Feb 1993 (see r. 2) |
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Painters’ Registration Board Amendment Rules 1995 |
13 Jan 1995 p. 94 |
13 Jan 1995 |
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Painters’ Registration Board Amendment Rules (No. 2) 1995 |
29 Dec 1995 p. 6239 |
1 Jan 1996 (see r. 2) |
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Painters’ Registration Board Amendment Rules (No. 2) 2001 |
5 Oct 2001 p. 5473‑4 |
5 Oct 2001 |
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Painters’ Registration Board Amendment Rules (No. 3) 2001 |
4 Jan 2002 p. 3‑4 |
4 Jan 2002 |
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Reprint of the Painters’ Registration Board Rules 1962 as at 22 Mar 2002 (includes amendments listed above) |
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Painters’ Registration Board Amendment Rules 2004 |
30 Dec 2004 p. 7019 |
1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130) |
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Painters’ Registration Board Amendment Rules 2005 |
28 Jun 2005 p. 2917-18 |
1 Jul 2005 (see r. 2) |
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Painters’ Registration Board Amendment Rules 2006 |
27 Jun 2006 p. 2267-8 |
1 Jul 2006 (see r. 2) |
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Painters’ Registration Board Amendment Rules 2007 |
15 Jun 2007 p. 2780-1 |
r. 1 and 2: 15 Jun 2007 (see r. 2(a)); |
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Painters’ Registration Board Amendment Rules 2008 |
17 Jun 2008 p. 2556‑7 |
r. 1 and 2: 17 Jun 2008 (see r. 2(a)); |
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Reprint 3: The Painters’ Registration Board Rules 1962 as at 17 Oct 2008 (includes amendments listed above) |
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Painters’ Registration Board Amendment Rules 2009 |
23 Jun 2009 p. 2451‑3 |
r. 1 and 2: 23 Jun 2009 (see r. 2(a)); |
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Painters’ Registration Board Amendment Rules (No. 2) 2010 |
25 Jun 2010 p. 2855-6 |
r. 1 and 2: 25 Jun 2010 (see r. 2(a)); |
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Painters’ Registration Board Amendment Rules 2010 |
23 Jul 2010 p. 3399-400 |
r. 1 and 2: 23 Jul 2010 (see r. 2(a)); |
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Painters’ Registration Board Amendment Rules 2011 |
22 Jun 2011 p. 2321-3 |
r. 1 and 2: 22 Jun 2011 (see r. 2(a)); |
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These rules were repealed by the Building Services (Registration) Act 2011 s. 111 (No. 19 of 2011) as at 29 Aug 2011 (see s. 2(b) and Gazette 26 Aug 2011 p. 3475‑6) |
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2Repealed by the Industrial Arbitration Act 1979 which is now called the Industrial Relations Act 1979.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
Board2
the Act2