221ZLA Building practitioner must transfer compliance certificate to owner 223 221ZLB Other people must also transfer compliance certificate to owner 224 221ZM Copies of certificates must be kept for 10 years 224 221ZN Provisions concerning the supply of certificate forms 224 221ZO Further obligation for compliance certificates for sanitary drains 226 Division 5—Provisions applying to particular plumbing work 226 221ZP Sanitary drainage and other work must be made available for inspection before being covered 226 221ZPA Information to be provided before work starts 227 Division 6—Insurance orders 228 221ZQ Order requiring insurance 228 221ZR Offence to work as plumber without required insurance 230 221ZS Offence to claim to be insured when uninsured 230 221ZT Further provisions concerning required insurance 230 221ZU Suspension of licence if insurance ceases 231 221ZV Suspension of licence where failure to comply with insurer's direction 231 Division 7—Rectification of defective plumbing work 233 221ZW Inspector or auditor may require plumber to rectify faulty work 233 221ZX Right to apply to VCAT to have a rectification notice cancelled 235 221ZY Plumbing notice to owner/occupier to rectify defective plumbing work 235 221ZZ Owner/occupier may dispute a plumbing notice 236 221ZZA Inspector may cancel plumbing notice 236 221ZZB Plumbing order to rectify defective plumbing work 236 221ZZC Owner/occupier must comply with plumbing order 237 221ZZD Inspector may cancel plumbing order 237 221ZZE Right to apply to the VCAT to have a plumbing order cancelled 237 221ZZF Emergency plumbing order to rectify dangerous plumbing work 238 221ZZG Offence to not comply with emergency plumbing order 239 221ZZH Inspector may cancel emergency plumbing order 240 221ZZI Plumbing notices and orders to be last resort 240 221ZZJ Owner/occupier must report the completion of required work 241
S. 3(1) def. of cooling tower system inserted by No. 85/2000 s. 3, substituted by No. 46/2008 s. 248(2). cooling tower system has the same meaning as it has in section 3(1) of the Public Health and Wellbeing Act 2008; council means a council within the meaning of the Local Government Act 1989; decision, in relation to a matter in respect of which an appeal can be made to the Building Appeals Board, includes failure to decide; decision-maker, in relation to a matter in respect of which an appeal can be made to the Building Appeals Board, means the person or body whose decision may be the subject of that appeal; S. 3(1) def. of domestic builder inserted by No. 91/1995 s. 136(b), amended by No. 52/1998 s. 311(Sch. 1 item 10.1). domestic builder means a builder within the meaning of the Contracts Act 1995; s. 3 S. 3(1) def. of domestic building work inserted by No. 91/1995 s. 136(b), amended by No. 52/1998 s. 311(Sch. 1 item 10.1). domestic building work has the same meaning as it has in the Contracts Act 1995; function includes power, authority and duty; S. 3(1) def. of insured architect inserted by No. 35/2004 s. 34(2), insured architect means an architect who is registered under the Architects Act 1991 and who is covered by the required insurance under that Act;
S. 3(1) def. of reporting authority amended by No. 28/2000 s. 12. reporting authority means a body or person (other than a municipal building surveyor or private building surveyor to whom an application is made) that is required by this Act or the regulations or by any other Act or regulations to report on or consent to an application for a permit; s. 3 S. 3(1) def. of required insurance inserted by No. 91/1995 s. 136(d), substituted by No. 102/2003 s. 41. required insurance means the insurance required by order under section 135 and, in the case of insurance to which section 137AA applies, complying with section 137AA; S. 3(1) def. of risk management plan inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1). * * * * * S. 3(1) def. of risk management plan audit inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1). * * * * * S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 48(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; temporary structure includes—
S. 27 repealed by No. 91/1995 s. 138. * * * * * 28 Historic buildings and special buildings s. 26 (1) Despite section 24, the relevant building surveyor may issue a building permit for the carrying out of building work that does not comply with the building regulations if the work is to be carried out on, or in connection with— S. 28(1)(a) substituted by No. 93/1995 s. 218(1) (Sch. 2 item 1.1). (a) a building included on the Heritage Register established under the Heritage Act 1995; S. 28(1)(b) repealed by No. 28/2000 s. 14(1). * * * * * (2) The building permit may be issued to enable the carrying out of work appropriate to the style, manner of construction and materials of the building. (3) In deciding an application for a building permit in respect of a building to which subsection (1) applies, the relevant building surveyor must take into account— (a) the structural adequacy of the building; and (b) the requirements necessary to make reasonable provision for the amenity of the building and the safety and health of people using the building. S. 28(4) inserted by No. 28/2000 s. 14(2). (4) The consent and report of the Executive Director under the Heritage Act 1995 must be obtained to
S. 30 amended by No. 71/1995 s. 4(a). 30 Relevant building surveyor to give copies of permits and documents to council s. 30 S. 30(1) amended by No. 33/2010 s. 6. (1) The relevant building surveyor, within 7 days after issuing any building permit under this Part, must give to the relevant council a copy of that permit and any plans and other documents lodged with the application for the permit. 50 penalty units. S. 30(1A) inserted by No. 34/1997 s. 6(1), amended by No. 33/2010 s. 6. (1A) In addition to the requirements of subsection (1), the relevant building surveyor, within the relevant prescribed time, must give to the relevant council a copy of any other prescribed documents relating to the application for the building permit or the permit. 50 penalty units. S. 30(2) inserted by No. 71/1995 s. 4(b), amended by No. 34/1997 s. 6(2). (2) Any documents lodged with the relevant council under subsection (1) or (1A) must be accompanied by the appropriate prescribed lodgement fee (if any) paid to the relevant building surveyor under clause 1 of Schedule 2. 31 Register of building permits (1) A council must keep a register of all building permits given to it under this Division. (2) A council must make the register available for inspection by any person during normal office hours. 32 Keeping of records A council must keep all documents given to it under this Division for the prescribed period and in the prescribed manner. S. 32A inserted by No. 35/2006 s. 11. 32A Council to notify VicUrban of issue of building permit s. 32A
Nothing in this Part relating to the carrying out of protection work (other than overhead protection work) authorises any interference with an easement of light or other easement in or relating to a party wall or prejudicially affects the right of any person to preserve any right in connection with a party wall which is demolished or rebuilt or to take any necessary steps for that purpose. 101 Lodgment of plans after completion of protection work s. 101 S. 101(1) amended by No. 33/2010 s. 23. (1) Not later than 2 months after the completion of any protection work carried out under this Part, the owner must serve on the adjoining owner and the relevant building surveyor a complete set of plans, drawings and specifications showing the protection work which has actually been carried out in respect of the adjoining property. 50 penalty units. S. 101(2) amended by No. 33/2010 s. 23. (2) The relevant building surveyor, within 7 days after receiving plans, drawings and specifications under subsection (1), must give a copy of those documents to the relevant council. 50 penalty units. _______________ Division 1—Emergencies 102 Emergency orders s. 102 (1) A municipal building surveyor may make an emergency order under this Division, if he or she is of the opinion that the order is necessary because of a danger to life or property arising out of the condition or use or proposed use of a
S. 137A(3) inserted by No. 26/2001 s. 9(1). (3) A builder who holds a HIH policy within the meaning of Part 6 of the House Contracts Guarantee Act 1987 is deemed for the purposes of sections 136(2) and 137 to be covered by the required insurance in relation to any building work to which the indemnity under Part 6 of the House Contracts Guarantee Act 1987 applies. S. 137A(3) inserted by No. 17/1999 s. 22(2), renumbered as s. 137A(4) by No. 11/2002 s. 3(Sch. 1 item 6.2), substituted by No. 72/2010 s. 48(Sch. item 2(2)). (4) A reference— (a) in any order made under section 135; or (b) in any instrument or agreement which is required insurance— to "section 9, 11 or 12 of the Fair Trading Act 1999" is, to the extent that it relates to any period on or after the commencement of section 8 of the Fair Trading Amendment (Australian Consumer Law) Act 2010, taken to include a reference to "section 18, 29, 34 or 151 of the Australian Consumer Law (Victoria)". S. 137B inserted by No. 91/1995 s. 142. 137B Offence for owner-builder to sell building without report or insurance s. 137B (1) This section does not apply to— (a) the construction of a building (other than a home) by— (i) a registered building practitioner; or (ii) an architect registered under the Architects Act 1991; or (b) except as provided in subsection (5), the construction of a home under a major domestic building contract; or S. 137B(1)(c) substituted by No. 52/1998 s. 311(Sch. 1 item 10.5). (c) a building that is exempted from the operation of this section by the Victorian Civil and Administrative Tribunal under the Domestic Building Contracts Act 1995; or
(b) must provide that the insurer is not liable in respect of any defect which is referred to in the report provided to the purchaser under section 137B, if a report is required under that section. (2) An order under section 135 may require insurance cover of a kind referred to in subsection (1)(a) to extend to each person who is or may become entitled to the benefit of any of those warranties. S. 137E inserted by No. 91/1995 s. 142, amended by No. 33/2010 s. 30. 137E Insurance requirements for home sold before completion A person must not enter into a contract for the sale by the person of land on which a home is being constructed, or is to be constructed, if the contract provides for or contemplates that the construction of the home will be completed before the completion of the contract unless— S. 137E(a) amended by No. 2/1996 s. 11 (as amended by No. 34/1997 s. 33(1)). (a) the home is being constructed under a major domestic building contract or the contract of sale is a major domestic building contract or provides that the home is to be constructed under a major domestic building contract; or (b) Part 2 of the House Contracts Guarantee Act 1987 applies to the construction of that home. 120 penalty units. s. 137E __________________ Division 1—Rights of appeal 138 Building and occupancy permits s. 138 (1) An appeal may be made to the Building Appeals Board against—
160 Modification of building regulations (1) In this section provision of the building regulations means— (a) a provision of a regulation made under Part 2 or of a local law made under those regulations; or (b) a provision of a regulation or local law made under Division 3 of Part III of the Building Control Act 1981; or (c) a provision of a regulation or by-law made under Division 2 of Part XLIX of the Local Government Act 1958; or (d) any other regulation or by-law that, by virtue of a provision of this Act or a corresponding previous enactment, applies or applied at a material time to building work; or (e) a provision of a document applied, adopted or incorporated by reference in an instrument referred to in paragraphs (a) to (d); or (f) a provision of a document referred to in paragraphs (a) to (e) as modified by the Building Appeals Board under this Part, the building referees under the Building Control Act 1981 or the referees under the Thirty-Third Schedule of the Local Government Act 1958 or a corresponding previous enactment. (2) An application may be made to the Building Appeals Board for a determination that a provision of the building regulations— (a) does not apply; or (b) applies with the modifications or variations specified in the application— to a building or land specified in the application.
(2) The following are the decisions which the Board may make— (a) to reprimand the person; (b) to require the person to pay the costs of or incidental to the inquiry; s. 179 (c) to require the person to give an undertaking not to do a specified thing; S. 179(2)(ca) inserted by No. 36/2008 s. 9(3). (ca) to require the person to complete a specified course of training; S. 179(2)(d) amended by No. 34/1997 s. 12, substituted by No. 36/2008 s. 9(4). (d) to impose a fine of not more than 100 penalty units unless— (i) a charge has been filed in the Magistrates' Court in respect of the matter; or (ii) the matter has been dealt with by a court exercising its criminal jurisdiction; or (iii) the matter has been dealt with by the issue of an infringement notice; (e) to suspend registration for not more than 3 years; S. 179(2)(f) amended by No. 36/2008 s. 9(5). (f) to cancel registration; S. 179(2)(g) inserted by No. 36/2008 s. 9(6). (g) to disqualify the person from being registered for a specified period of up to 3 years. (3) If satisfied that there is good reason to do so, the Board may at any time revoke a suspension under this section, and must without delay give written notice of that revocation to the registered building practitioner.
and to the building permit levy account in the proportions determined from time to time by the Minister and the Minister administering the Contracts Act 1995. (8) The Commission may invest any part of the fund not immediately required for the purposes of the fund in any manner approved by the Treasurer. S. 200(9) inserted by No. 18/1998 s. 6. (9) The Commission may enter into arrangements or agreements with any person or body to act as its agent in the carrying out of its functions in relation to the administration of the fund. 201 Building permit levy s. 201 (1) There is imposed by this Act a building permit levy of 064 cents in every dollar of the cost of building work for which a building permit is sought. S. 201(1A) inserted by No. 71/1995 s. 17, amended by No. 34/1997 s. 17(1), substituted by No. 26/2001 s. 13(1), repealed by No. 26/2001 s. 14(1). * * * * * S. 201(1B) inserted by No. 26/2001 s. 13(1), amended by Nos 36/2002 s. 14(1), 26/2001 s. 14(2) (as amended by No. 33/2010 s. 54). (1B) A building permit levy is not payable under subsection (1) or (1C) in relation to an application for a building permit if the cost of the building work is $10 000 or less.
(4) Nothing in this section prevents the Commission or a council from entering into agreements in respect of the carrying out of the functions of the municipal building surveyor of more than one council. 215 Agreement with private building surveyor s. 215 (1) Despite anything to the contrary in the Local Government Act 1989, a council may enter into an agreement with a private building surveyor to carry out the functions under this Act and the regulations of the municipal building surveyor of the council. (2) A private building surveyor who enters into an agreement with a council under subsection (1)— (a) is deemed to be the municipal building surveyor of that council for the purpose of carrying out the functions set out in the agreement; and (b) despite anything to the contrary in the Local Government Act 1989, is not a member of staff of the council. 216 Council to charge commercial rates for work outside municipal district s. 215 (1) If a council or its municipal building surveyor carries out any function under this Act or the building regulations in respect of a building or land outside the council's municipal district, then despite anything to the contrary in the Local Government Act 1989, the fees or charges payable to the council or municipal building surveyor in respect of the carrying out of that function must be not less than the total cost of carrying out that function. (2) Subsection (1) does not apply to a function carried out by a council or municipal building surveyor
S. 221B(1) def. of licensed plumber amended by No. 75/1998 s. 5(a)(iii). licensed plumber means a person who is licensed by the Plumbing Industry Commission under section 221M or 221Q to carry out a particular class or type of plumbing work and includes a person who is temporarily licensed to carry out that work under section 221W, but does not include a person whose licence is suspended; S. 221B(1) def. of plumbing apprentice amended by Nos 80/1997 s. 55(Sch. 1 item 1), 24/2006 s. 6.1.2(Sch. 7 item 2.1). plumbing apprentice means an apprentice within the meaning of the Education and Training Reform Act 2006 in a plumbing trade; S. 221B(1) def. of Plumbing Code of Australia inserted by No. 31/2007 s. 3. Plumbing Code of Australia means the Plumbing Code of Australia published by the National Plumbing Regulators Forum as amended or remade from time to time; plumbing inspector means a person appointed as a plumbing inspector under section 221ZZY; S. 221B(1) def of plumbing laws amended by No. 99/1997 s. 121(1). plumbing laws means any provision in any of the following that regulates the carrying out of plumbing work— (a) this Part; and (b) the Gas Safety Act 1997; and (c) the Water Act 1989 and the Water Industry Act 1994; and (d) any regulations made under this Part or any Act listed in paragraph (b) or (c);
S. 221E (Heading) inserted by No. 31/2007 s. 4(1). S. 221E inserted by No. 39/1996 s. 5. 221E Restrictions concerning work for which compliance certificate required s. 221E S. 221E(1) amended by No. 33/2010 s. 33. (1) Unless a person is licensed to carry out a particular class or type of plumbing work or specialised plumbing work, he or she must not carry out any work of that class or type for which a compliance certificate is required. 500 penalty units. S. 221E(2) amended by No. 75/1998 s. 7(2), substituted by No. 31/2007 s. 4(2), amended by No. 36/2008 s. 15(c). (2) Despite subsection (1), a person who is registered to carry out a particular class or type of plumbing work or specialised plumbing work may carry out any work of that class or type for which a compliance certificate is required under the supervision of a licensed plumber who is authorised to carry out that class or type of work. S. 221E(2A) inserted by No. 31/2007 s. 4(2). (2A) Despite subsection (1), a plumbing apprentice may carry out a particular class or type of plumbing work for which a compliance certificate is required under the supervision of a licensed plumber who is authorised to carry out that class or type of work. S. 221E(3) inserted by No. 99/1997 s. 121(2). (3) Despite subsection (1) a person who is authorised under an accepted safety case under the Gas Safety Act 1997 and registered under section 221R to carry out a particular class or type of gasfitting work for which a compliance certificate is required may carry out that work without being licensed by the Board.
(3) A person who owns, operates, manages or otherwise participates in, is employed by, or shares in the profits of, any business that carries out plumbing work or specialised plumbing work must not cause or permit any plumbing work or specialised plumbing work to be carried out on behalf of the business by a person who is not permitted by this Part to carry out that work. Penalty applying to this subsection: 50 penalty units. S. 221I (Heading) inserted by No. 36/2008 s. 17(1). S. 221I inserted by No. 39/1996 s. 5. 221I Person must not use the title "plumber" or "plumbing practitioner" unless licensed or registered s. 221I S. 221I(1) amended by Nos 36/2008 s. 17(2), 33/2010 s. 36. (1) A person must not use or take the title "plumber" or "plumbing practitioner" in any context relating to the plumbing industry unless the person is registered or licensed to carry out at least one class or type of plumbing work under this Part. 120 penalty units. S. 221I(2) amended by No. 33/2010 s. 36. (2) A person must not— S. 221I(2)(a) amended by No. 36/2008 s. 17(3). (a) use or take the title "licensed plumber" or "licensed plumbing practitioner"; or (b) hold himself or herself out as being licensed under this Part— unless he or she is licensed to carry out at least one class or type of plumbing work under this Part. 120 penalty units.
S. 221M(4) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(1). (4) The Registrar must give each person who is licensed by the Commission a licence as evidence that the person is licensed to carry out a particular class, or particular classes, of plumbing work. S. 221N inserted by No. 39/1996 s. 5. 221N Endorsement to carry out specialised plumbing work s. 221N (1) To be able to be licensed to carry out a particular class of specialised plumbing work, a person must— S. 221N(1)(a) amended by No. 36/2008 s. 15(d). (a) be a licensed plumber in respect of a prescribed class of plumbing work; and (b) either— S. 221N(1) (b)(i) amended by No. 34/1997 s. 30(b). (i) have the relevant qualifications and experience required by the regulations (or a declaration under section 221ZZZU); or S. 221N(1) (b)(ii) amended by No. 75/1998 s. 5(b). (ii) satisfy the Commission that he or she has knowledge and competence at least equal to that that a person who has the qualifications and experience required by subparagraph (i) would have; and (c) be covered by the required insurance. S. 221N(2) amended by No. 75/1998 s. 5(b). (2) The Commission must license a person to carry out a particular class of specialised plumbing work if— (a) the person applies to be licensed in accordance with section 221T; and (b) it is satisfied that the person meets the requirements listed in subsection (1); and (c) the person pays the endorsement fee set out in the regulations.
S. 221Q inserted by No. 39/1996 s. 5. 221Q Restricted licences s. 221Q S. 221Q(1) amended by No. 75/1998 s. 5(b). (1) The Commission may license a person to carry out particular types of work that fall within a class of plumbing work or specialised plumbing work if— (a) the person applies for the licence in accordance with section 221T; and (b) it is satisfied that the person— (i) has sufficient knowledge and experience to carry out that work competently and safely; and (ii) is covered by the required insurance in respect of that work. S. 221Q(2) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(1). (2) On receiving any restricted licence fee required by the regulations, the Registrar must give each person who is licensed by the Commission under this section a licence as evidence that the person is licensed to carry out a particular type of work and must ensure that the word "restricted" is prominently displayed on the licence and that the licence states what work the holder of the licence may carry out. S. 221R inserted by No. 39/1996 s. 5. 221R Restricted registration S. 221R(1) amended by No. 75/1998 s. 5(b). (1) The Commission may register a person to carry out particular types of work that fall within a class of plumbing work or specialised plumbing work if— (a) the person applies for restricted registration in accordance with section 221T; and
S. 221W(4)(c) amended by No. 75/1998 s. 5(b). (c) on the Registrar or Commission cancelling the licence or registration under subsection (3)— whichever happens first. S. 221X inserted by No. 39/1996 s. 5. 221X Commission may impose conditions on licensing or registering a person s. 221X S. 221X(1) amended by No. 75/1998 s. 5(b). (1) The Commission may impose any conditions it thinks appropriate on licensing or registering a person, including a condition restricting the type of work a person may carry out within a class of work in respect of which the person is to be licensed or registered. (2) A person must comply with any conditions imposed on his or her licence or registration. 50 penalty units. S. 221X(3) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(2). (3) The Registrar must ensure that a licence or registration document states any conditions that the Commission has imposed with respect to the licence or registration document. S. 221Y inserted by No. 39/1996 s. 5, amended by No. 36/2008 s. 18(2). 221Y Duplicate licences and registration documents The Registrar may issue a duplicate licence or registration document if— S. 221Y(a) amended by No. 36/2008 s. 18(2). (a) he or she is satisfied that the original licence or registration document has been lost, mutilated or destroyed; and (b) the person asking for the duplicate has paid the fee required by the regulations.
to carry out the class of plumbing work or specialised plumbing work in respect of which he or she is licensed or registered. S. 221ZD(6) amended by No. 75/1998 s. 5(b). (6) However, the Commission may only require a person to pass such an examination if it imposes the same requirement on every member of a specified class of people applying for the renewal of their licences or registrations, and the person is a member of that class. S. 221ZD(7) amended by No. 75/1998 s. 5(b). (7) On receiving the relevant renewal fee set out in the regulations, the Registrar must give each person whose licence or registration has been renewed by the Commission proof in writing of that fact. S. 221ZE inserted by No. 39/1996 s. 5. 221ZE Commission may permit late renewals s. 221ZE S. 221ZE(1) amended by No. 75/1998 s. 5(b). (1) The Commission may renew the licence or registration of a person even though the person did not apply for the renewal within the time required by section 221ZB(1). S. 221ZE(2) amended by No. 75/1998 s. 5(b). (2) However, the Commission may only do this if— (a) the person pays the late renewal fee required by the regulations; and (b) in a case where the licence or registration has expired, it is satisfied that the person did not carry out any plumbing work or specialised plumbing work after the expiry of the person's licence or registration.
with a reasonable direction of the insurer in respect of the completion or rectification of defective plumbing work or any payment to be made to the insurer in respect of the completion or rectification of defective plumbing work in accordance with the required insurance. (2) An application must— (a) be in writing; and (b) set out the terms of the direction to be complied with. S. 221ZV(3) amended by No. 75/1998 s. 5(b). (3) The Commission must notify a plumber in respect of whom an application is made without delay of the application and advise the plumber— s. 221ZV (a) that his or her licence may be suspended at the end of 28 days after the date of the notice unless the plumber complies with the direction; and S. 221ZV(3)(b) amended by No. 75/1998 s. 5(b). (b) that he or she has a right to be heard by the Commission in respect of the application. S. 221ZV(4) amended by No. 75/1998 s. 5(b). (4) If a plumber has not complied with the direction within 28 days after the date of the notice, the Commission, after giving the plumber an opportunity to be heard, may suspend the plumber's licence. S. 221ZV(5) amended by Nos 75/1998 s. 5(b), 28/2000 s. 20(b). (5) Clauses 12, 15, 16, 17 and 18(1) of Schedule 3 apply to a proceeding under subsection (4) as if a reference in those clauses to the Building Appeals Board was a reference to the Plumbing Industry Commission. S. 221ZV(6) amended by No. 75/1998 s. 5(b). (6) If the Commission suspends a plumber's licence under this section, the suspension lasts until the Commission is satisfied that the plumber has complied with the direction. On being so satisfied, the Commission must revoke the suspension.
on the day following the day that the decision to reinstate the suspension or cancellation is made. S. 221ZZZJ(2) amended by No. 75/1998 s. 5(b). (2) If the Commission makes an order under this section, the Registrar may give a copy of the order to any person or body who the Registrar thinks should be told of the order. S. 221ZZZK inserted by No. 39/1996 s. 5. 221ZZZK Presumption of suspension for repeated offences concerning compliance notices s. 221ZZZK S. 221ZZZK(1) amended by No. 75/1998 s. 5(b). (1) This section applies if the Commission is satisfied, at the end of an inquiry— (a) that a person has contravened section 221ZH; and (b) that the person has contravened that section on at least 2 separate occasions within the past 3 years. S. 221ZZZK(2) amended by No. 75/1998 s. 5(b). (2) The Commission must suspend the person's licence for a period of up to 3 months unless it is satisfied that there is a good reason for not doing so. S. 221ZZZL inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 5(b). 221ZZZL Commission may revoke cancellation or suspension The Commission may at any time revoke any order it has made under section 221ZZZJ cancelling or suspending a person's licence or registration. S. 221ZZZM inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 5(b). 221ZZZM Commission may compensate victims of unsatisfactory plumbing work If the Commission makes an order under section 221ZZZJ(1)(f), the Commission may pay an amount up to the amount referred to in the order to any person who, in the opinion of the Commission, has suffered loss as a result of any
unsatisfactory work that was a reason for the making of the order. S. 221ZZZN inserted by No. 39/1996 s. 5. 221ZZZN Procedural matters concerning Commission conducting inquiry or taking disciplinary action S. 221ZZZN(1) amended by No. 28/2000 s. 20(d). s. 221ZZZN (1) Clauses 8(3), (5) and (8) of Schedule 3 apply to any sub-committee of the Commission that is conducting an inquiry under this Division as if— (a) a reference to a panel was a reference to the sub-committee; and S. 221ZZZN (1)(b) amended by No. 75/1998 s. 5(c). (b) a reference to the Building Appeals Board was a reference to the Plumbing Industry Commission. S. 221ZZZO inserted by No. 39/1996 s. 5, repealed by No. 75/1998 s. 5(d). * * * * * Division 12—Review of decisions S. 221ZZZP inserted by No. 39/1996 s. 5, amended by No. 52/1998 s. 311(Sch. 1 items 10.12(a), 10.13) (ILA s. 39B(1)). 221ZZZP Review by VCAT S. 221ZZZP(1) amended by No. 75/1998 s. 5(b). (1) A person may apply to the Victorian Civil and Administrative Tribunal for the review of a decision by the Commission in relation to— S. 221ZZZP (1)(a) amended by No. 34/1997 s. 30(c). (a) a refusal to license or register him or her or to renew his or her licence or registration;
its membership made by section 8(4) of the Building (Amendment) Act 2001. S. 267 inserted by No. 60/2003 s. 18. 267 Transitional—proportionate liability Despite the repeal of sections 131, 132 and 133 by the Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003, those sections continue to apply to and in relation to an award of damages in a building action commenced before that repeal. S. 268 inserted by No. 35/2004 s. 37. 268 Transitional—Effect of change of membership The Building Practitioners Board is deemed to be the same body despite the change to its membership made by section 36 of the Architects (Amendment) Act 2004. S. 269 inserted by No. 36/2008 s. 26. 269 Transitional—owner-builders s. 269 (1) Subject to subsection (2), section 137B(7) as amended by the Building Amendment Act 2008 applies in relation to a building whether the building was constructed before or after the commencement of section 3 of that Act. (2) Section 137B(7) as in force immediately before the commencement of section 3 of the Building Amendment Act 2008 continues to apply in relation to a building if the required insurance under section 137B(2) was obtained in respect of that building before that commencement. S. 270 inserted by No. 36/2008 s. 27. 270 Transitional—building surveyors On the commencement of section 5(2) of the Building Amendment Act 2008, any person who was registered under this Act as a building surveyor immediately before that commencement is taken to be registered as a building surveyor (unlimited). __________________
Sch. 2 cl. 6(6) inserted by No. 30/2001 s. 8. (6) A reference in this clause to a council, with respect to an application, is to be read as including a reference to any reporting authority that has to comply with clause 4A(2) in reporting on, or considering whether to consent to, the application. Sch. 2 cl. 6A inserted by No. 28/2000 s. 18. 6A What if the reporting authority is the responsible authority under the Planning and Environment Act 1987? Sch. 2 (1) This clause applies only to a responsible authority under the Planning and Environment Act 1987 in its capacity as a reporting authority for the purposes of section 29A of this Act. (2) Despite anything to the contrary in the regulations or any other Act or regulations, the relevant building surveyor may proceed to decide an application without a report being obtained if a copy of the report is not supplied by the reporting authority within the prescribed time. (3) Subject to subclause (4), a reporting authority is deemed to have consented to a permit if the authority has not within the prescribed time informed the relevant building surveyor of— (a) its consent to the application; or (b) its refusal of consent and the reasons for that refusal. (4) A reporting authority is deemed to have refused to consent to a permit if— (a) the authority is required under section 29A to refuse its consent; and (b) the authority has not within the prescribed time informed the relevant building surveyor of that refusal. 7 Relevant building surveyor must consider report
Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 2) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Building Act 1993 Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes