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Legislation

Consumer, Building and Occupational Services administers the following legislation and regulatory documents. Access to the full text of all Tasmanian Acts and Regulations is available from Tasmania's consolidated legislation online.

Some Acts have regulatory documents (Director's Determinations, Codes of Practice and other supporting documentation) relating to them. These documents are to be read along with the legislation.

Legislation administered by CBOS

Architects Act 1929

The Architects Act 1929 regulates the licensing and registration of persons in Tasmania using the title of ‘architect’. Architects must be registered by the Board of Architects of Tasmania and apply to CBOS for an occupational licence to practise.

Associations Incorporation Act 1964

The Associations Incorporation Act 1964 provides for bodies (clubs, societies, institutions) to be incorporated as associations. Incorporation is a voluntary, simple and inexpensive means of establishing a legal entity. It is particularly suitable for small, community-based organisations. It is not suitable for registering a company for business purposes.

Australian Consumer Law (Tasmania) Act 2010

The Australian Consumer Law (Tasmania) Act 2010 applies the national Australian Consumer Law as the law of Tasmania, and provides for the enforcement of the Act.

Boy Scouts Association Act 1954

The Boy Scouts Association Act 1954 provides for the incorporation of the Tasmanian State Council of the Boy Scouts Association as a legal entity.

Building Act 2016

The Building Act 2016 regulates the performance and standards of building, demolition and plumbing work in Tasmania, including work approval processes, and all work must comply with the National Construction Code.

Building and Construction Industry Security of Payment Act 2009

The Building and Construction Industry Security of Payment Act 2009 provides for contractors in the building and construction industry to pursue payment prior to seeking a court outcome.

Co-operative Schemes (Administrative Actions) Act 2001

The Co-operative Schemes (Administrative Actions) Act 2001 relates to the validation of certain actions by Commonwealth authorities and officers under the Agricultural and Veterinary Chemicals (Tasmania) Act 1994 and other State co-operative scheme laws.

Co-operatives National Law (Tasmania) Act 2015

The Co-operatives National Law (Tasmania) Act 2015 is part of uniform co-operative laws applied across Australia.  Co-operatives wishing to carry on business across a State or Territory border no longer have to register in each jurisdiction.

Collections for Charities Act 2001

The Collections for Charities Act 2001 regulate the collection of donations by charities. Certain organisations must be approved before they can seek donations for charitable purposes.

Commissioner for Corporate Affairs Act 1980

The Commissioner for Corporate Affairs Act 1980 provides for appointment of a Commissioner for Corporate Affairs and their functions.

Consumer Affairs Act 1988

The Consumer Affairs Act 1988 establishes the Office of Consumer Affairs and Fair Trading for the interests of consumers, including making investigations and collecting and disseminating information. Also see: Australian Consumer Law (Tasmania) Act 2010

Conveyancing Act 2004

The Conveyancing Act 2004 provides for licensing of conveyancers to undertake transfers of land between owners, and related activities.

Disposal of Uncollected Goods Act 2020

The Disposal of Uncollected Goods Act 2020 provides businesses with rules to follow when owners of goods, left for a service such as repairs, do not collect them or cannot be contacted.

Electricity Industry Safety and Administration (Consequential and Transitional Provisions) Act 1997

The Electricity Industry Safety and Administration (Consequential and Transitional Provisions) Act 1997 outlines consequential amendments and savings or transitional provisions made by the Electricity Industry Safety and Administration Act 1997.

Electricity Industry Safety and Administration Act 1997

The Electricity Industry Safety and Administration Act 1997 establishes safety standards for electrical goods and for the performance of electrical work. Provides for investigation of accidents in the electricity industry.

Electricity Supply Industry Act 1995 (Part 8)

The Electricity Supply Industry Act 1995 (Part 8) provides that Authorised Officers may be appointed to investigate and enforce this Act.

Flammable Clothing Act 1973

The Flammable Clothing Act 1973 requires the marking or labelling in a prescribed manner of certain articles of clothing that meet Australian Standards.

Gas Safety Act 2019

The Gas Safety Act 2019 regulates the gas industry to provide for safety and technical standards to ensure that the gas supply industry, gas facilities, gas installations, gas appliances, gas storage systems and gas conditioning systems are constructed, maintained and operated to a high standard to protect persons and property.

Girl Guides' Association Act 1957

The Girl Guides' Association Act 1957 provides for the incorporation of the Tasmanian State Council of the Girl Guides Association as a legal entity.

Landlord and Tenant Act 1935

The Landlord and Tenant Act 1935 consolidates laws relating to landlords and tenants including leases, rents, and the repossession of land. Also see: Residential Tenancies Act and Retail Leases Act.

Motor Vehicle Traders Act 2011

The Motor Vehicle Traders Act 2011 provides for the licensing of persons who are in the business of buying or selling of motor vehicles.

Occupational Licensing Act 2005

The Occupational Licensing Act 2005 provides for the licensing of persons performing work in occupations covering building contractors, designers of building work, building surveyors, plumbers, electrical workers and gas-fitters. The Act also imposes requirements that they be properly qualified, experienced and competent to perform work safely and in accordance with standards and codes of practice.

Partnership Act 1891

The Partnership Act 1891 consolidates business partnership law relating to their formation, activities and dissolution.

Prepaid Funerals Act 2004

The Prepaid Funerals Act 2004 regulates the provision of prepaid funeral services.  A prepaid funeral agreement must be in writing, signed by each party to the agreement and contain required information.

Professional Standards Act 2005

The Professional Standards Act 2005 provides for limitation of legal liability of members of occupational associations in certain circumstances, and improve the standards of services provided by members.

Property Agents and Land Transactions Act 2016

The Property Agents and Land Transactions Act 2016 provides for licensing of estate agents, auctioneers, property managers and property representatives. The Act also mandates qualifications of applicants, and requires real estate businesses have trust accounts and other requirements for consumer protection.

Registration to Work With Vulnerable People Act 2013

The Registration to Work With Vulnerable People Act 2013 requires persons wanting to work with children, the disabled, or other vulnerable persons, to undergo a background check and be registered.

Residential Building Work Contracts and Dispute Resolution Act 2016

The Residential Building Work Contracts and Dispute Resolution Act 2016 regulates the contractual relationship between building contractors and owners.  Dispute resolution methods are prescribed. The Act also requires written contracts, cooling off periods and certain statutory warranties.

Residential Tenancy Act 1997

The Residential Tenancy Act 1997 regulates the relationship between landlords and tenants for the lease of residential premises, including houses, flats and apartments. Includes provisions on rent, security deposits and minimum standards of premises.

Retirement Villages Act 2004

The Retirement Villages Act 2004 regulates retirement villages and the rights and obligations of their operators and all persons residing in those villages.

Royal Society Act 1911

The Royal Society Act 1911 provides for the incorporation of the Royal Society as a legal entity.

Sale of Goods (Vienna Convention) Act 1987

The Sale of Goods (Vienna Convention) Act 1987 is an Act to give the International Convention on Contracts for the Sale of Goods (CISG), also known as the “Vienna Convention”, force of law in Tasmania. The Vienna Convention s a treaty setting out a uniform law for international sale of goods. Australia has adopted the CISG and this Act applies it in Tasmania.

Sale of Goods Act 1896

The Sale of Goods Act 1896 codifies the law relating to the sale of goods including actions for breach of contract. It applies primarily to business to business transactions, as the Australian Consumer Law now applies to consumer transactions that cost less than $40,000.

Second-hand Dealers and Pawnbrokers Act 1994

The Second-hand Dealers and Pawnbrokers Act 1994 regulates persons wanting to establish a business as a second-hand dealer or pawnbroker. They must notify the Commissioner of Police, and dealers must keep records of goods purchased or pawned and make them available to the police.

Security and Investigations Agents Act 2002

The Security and Investigations Agents Act 2002 regulates occupations of Security Agents, Inquiry Agents, Commercial Agents, Crowd Controllers, and their employees. Persons must hold a licence and meet fit and proper person tests.

Trades Unions Act 1889

The Trades Unions Act 1889 gives trade unions legal status as a body corporate so they may own property and sue to enforce their rights. Their activities are not subject to claims for damages as an unreasonable restraint of trade. Provides for the registration of unions.

Updated: 16 Nov 2021

This page has been produced and published by the Consumer Building and Occupational Services Division of the Department of Justice. Although every care has been taken in production, no responsibility is accepted for the accuracy, completeness, or relevance to the user's purpose of the information. Those using it for whatever purpose are advised to verify it with the relevant government department, local government body or other source and to obtain any appropriate professional advice. The Crown, its officers, employees and agents do not accept liability however arising, including liability for negligence, for any loss resulting from the use of or reliance upon the information and/or reliance on its availability at any time.