Part 4Administration, appeals, and miscellaneous provisions
Miscellaneous provisions, consequential amendments, and repeals: Transitional provisions
173Registered persons continue to be registered persons
Every person who, immediately before the commencement of this section, was a registered person under the former Act (as in force immediately before the commencement of this section) is, on and from the commencement of this section, deemed to be registered under subpart 1 of Part 2.
The registration of a person under subsection (1) is deemed to be—
- for a class of registration in respect of the work for which the person was registered under the former Act (as in force immediately before the commencement of this section); and
- subject to any conditions, limitations, or restrictions that, immediately before the commencement of this section, were imposed by or under the former Act on the person’s registration.
A person who is deemed to be registered under subsection (1) may be issued with a practising licence under subpart 1 of Part 2 if the Board is satisfied that—
- the person meets the standard of competence reasonably to be expected of a registered person who does work of the kind that the person would be authorised to do under the practising licence; and
- the person is otherwise entitled to be issued with a practising licence under section 44(a) and (c) to (e).
In considering the matter under subsection (3)(a), the Board must have regard to any current applicable minimum standards for registration for a class of registration designated by the Board that, with or without modification, replaces, or corresponds to, the type of registration under the former Act in relation to which, immediately before the commencement of this section, the person was registered (if any).
Nothing in this section prevents the Board from—
- cancelling or suspending the registration of a person who is deemed to be registered under subpart 1 of Part 2; or
- exercising any other power in relation to that registration under this Act.
Nothing in this section limits sections 8 to 10 and 43 (which provide that a registered person is not authorised to do, or assist in doing, work that the person is otherwise entitled to do by virtue of that person’s registration unless the person holds a current practising licence that authorises the person to do, or assist in doing, the work).


