Fair Trading and Building Legislation Amendment Bill 2026 - Second Read Speech
As The Greens spokesperson on fair trading and building, I speak in support of the Fair Trading and Building Legislation Amendment Bill 2026. It seeks to make changes to 22 Acts within the Better Regulation and Fair Trading and Building portfolios.
Most changes are minor and administrative in nature, but a small number could have unintended consequences, which I will discuss further. The Greens support the introduction of provisions that establish new, or strengthen existing, processes for the revocation, cancellation and suspension of licences, certificates, permits and/or authorities under a number of Acts when there are clear grounds for doing so. Likewise, it is important that there are also avenues for the reinstatement of licences and permits when it is appropriate to do so.
This bill allows NSW Fair Trading to cancel licences and remove traders who have misrepresented their position to obtain a licence and would apply to real estate agents, conveyancers, pawnbrokers, tow truck operators and commercial agents. This includes instances where licences may have been issued in error, new information may have come to light, or relevant circumstances may have changed. The Greens support this, as we do the proposed repeal of COVID-era provisions that are no longer relevant. The Greens support the proposal to allow disciplinary action to be taken against both current and previously registered certifiers under the Building and Development Certifiers Act 2018. NSW Fair Trading's disciplinary register shows that misconduct by certifiers, including former certifiers, continues to surface, and the agency's published guidelines make clear that strong, consistent powers to revoke or suspend licences are essential to protecting consumers.
The bill also introduces provisions relating to two-lot strata schemes to provide a lot owner some powers that would normally be afforded to owners' corporations, such as issuing a notice or making an application to the tribunal. Strata governance remains a frequent source of complaints in New South Wales, and providing clearer powers in two-lot schemes ensures owners are not left without remedies. The bill also seeks to amend the Building Products (Safety) Act 2017 and the Duties Act 1997 to remove references to the loose-fill asbestos insulation register, as this public register will no longer be maintained. The register was established in response to the Mr Fluffy scandal, where loose-fill asbestos was installed in thousands of homes across the Australian Capital Territory and New South Wales between 1968 and 1979 by a company colloquially known as "Mr Fluffy".
The Commonwealth attempted to address this issue through a removal program established in the 1990s, and invited the New South Wales Government to participate, but that offer was declined, as was the offer for the New South Wales Government to participate in an investigation program to identify affected homes. In 2014 the New South Wales Government established the loose-fill asbestos taskforce and a subsequent funding program in 2015. The Loose-fill Asbestos Program offered free testing to owners of pre-1980s properties in identified local government areas, and owners of affected properties were eligible for either the New South Wales Government purchasing their home at market value or demolishing the property and remediating the land.
A significant early challenge for the program was identifying homes that may be affected by loose-fill asbestos. Price Waterhouse Coopers was engaged by the New South Wales Government to come up with an estimate of the number of homes likely affected, and landed on a range of between approximately 300 and 900 homes. Since that time, 71,000 homes were tested under the program and 159 were found to contain loose-fill asbestos and added to the public register. We are told that all but two of those properties have now been remediated. The program is now being wrapped up and the register will no longer be retained. Owners who are concerned that their home may be affected by loose-fill asbestos are now being left to their own devices, to arrange testing at their own expense. We are assured, though, that if an affected home owner were to come forward after the program ends, the Government will consider providing assistance on a case-by-case basis.
While The Greens agree there is no point maintaining references in legislation to a register that will no longer be maintained, we are less convinced that the Government has the requisite evidence to justify disbanding the register and program entirely, especially given that the register was a key recommendation of the 2014 taskforce, proposed as a measure to help identify and track affected properties into the future. Another concerning element of the bill is that it proposes amendments to the Home Building Act 1989 to establish a building administration fund, which replaces the Home Building Administration Fund. Fees payable under various building legislations are payable into the fund, and a number of payments may be made out of the fund.
One of the ways in which funds may be expended is "to assist a public purpose connected with the objects of this Act". However, the Home Building Act 1989 does not have any objects of the Act, or anything similar. The Greens reached out to the Minister's office to discuss this and were advised that this should be taken to be the broad objectives of the Act with a lower case "o", not an upper case "O". As these objectives are not listed anywhere in the Act, they should be inferred by the second reading speech for the bill. I note that the Parliamentary Secretary gave the second reading speech in this place. The Greens have managed to read the second reading speech by the Minister in the other place. Nevertheless, on balance, this bill predominantly makes minor positive changes to a broad swathe of fair trading and building legislation, and The Greens will not oppose the bill.