S. 24A(4) inserted by No. 15/2016 s. 45(2). (4) In this section— prescribed amount means— (a) the amount prescribed by the regulations (if any); or (b) if an amount is not prescribed, $16 000. 25 Reasons for refusal to be given The relevant building surveyor must notify an applicant for a permit in writing without delay of the refusal of the permit and the reasons for the refusal. S. 25A inserted by No. 66/2004 s. 7. 25A Notice to building surveyor of changes S. 25A(1) amended by No. 33/2010 s. 4. (1) If a building permit has been issued in respect of building work to be carried out by a building practitioner or an insured architect and subsequently the engagement of the building practitioner or architect ends, that building practitioner or architect and the owner of the building or land in respect of which the permit is issued must, within 14 days after that engagement ends, each give the relevant building surveyor written notice of the ending of that engagement. 50 penalty units. S. 25A(2) amended by No. 33/2010 s. 4. (2) If a building permit has been issued in respect of building work and subsequently a building practitioner or insured architect is engaged to carry out the building work, the owner of the building or land in respect of which the permit is issued must, within 14 days after that engagement, give the relevant building surveyor written notice of the engagement including details of—
(e) is carrying out the work in accordance with an emergency order, a building notice or a building order made under Part 8. 120 penalty units. S. 25B(2) inserted by No. 15/2016 s. 27(2). (2) In this section— prescribed amount means— (a) the amount prescribed by the regulations (if any); or (b) if an amount is not prescribed, $16 000. Pt 3 Div. 3A (Heading and ss 25C–25I) inserted by No. 66/2004 s. 8. Division 3A—Certificates of consent for ownerbuilders S. 25C inserted by No. 66/2004 s. 8, amended by No. 15/2016 s. 18(1). 25C Application for owner-builder certificate of consent (1) A natural person may apply to the Authority for the issue of a certificate of consent to carry out domestic building work on land. (2) The application must— (a) contain the prescribed information; and (b) be made in the prescribed manner; and 25C(2)(c) substituted by No. 15/2016 s. 29. (c) be accompanied by— (i) the prescribed information; and (ii) the prescribed application fee. S. 25D inserted by No. 66/2004 s. 8, amended by No. 15/2016 s. 18(1). 25D Further particulars The Authority may ask an applicant under section 25C to give it any more information that it reasonably requires to determine the application and may refuse the application if the applicant does not comply with the request within a reasonable time.
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 (Heading) amended by No. 10/2017 s. 31(5). S. 32A inserted by No. 35/2006 s. 11. 32A Council to notify Development Victoria of issue of building permit (1) This section applies if— S. 32A(1)(a) amended by No. 10/2017 s. 31(6). (a) a council has under section 30(1) been given a copy of a building permit issued for building work to be carried out on a property situated in a project area within the meaning of the Development Victoria Act 2003; and (b) a resolution is in force under Division 5A of Part 3 of that Act levying a general development charge or infrastructure recovery charge in respect of that project area. (2) The council must within 14 days after being given the copy of the building permit— S. 32A(2)(a) amended by Nos 35/2011 s. 17(3), 10/2017 s. 31(7). (a) notify Development Victoria in writing in accordance with subsection (3); and
S. 32A(2)(b) amended by Nos 35/2011 s. 17(3), 10/2017 s. 31(7). (b) provide Development Victoria with a copy of any relevant planning permit that it holds that authorises both the construction of the buildings to which the building work relates and a subdivision of the land on which the building work is to be carried out. (3) The notice must set out the following information— (a) the name of the applicant for the permit; (b) the address of the property in respect of which the permit was issued; (c) the nature of the building work for which the permit was issued; S. 32A(3)(d) amended by No. 34/2013 s. 19(4). (d) the cost of the building work estimated under Subdivision 4 of Division 2 of Part 12; (e) the information referred to in paragraphs (c) and (d) in respect of all other building permits issued for the same land in the previous 3 years. Pt 4 Div. 1 (Heading) inserted by No. 15/2016 s. 48. Division 1—Inspections 33 Notification during building work S. 33(1) amended by No. 33/2010 s. 7. (1) A person who is in charge of the carrying out of building work for which a permit has been issued under Part 3, must notify the relevant building
Division 1—Occupancy permits (building work) 39 Occupancy permit must be obtained S. 39(1) amended by No. 33/2010 s. 8. (1) If a building permit states that an occupancy permit is required for the whole of a building, a person must not occupy that building unless the occupancy permit has been issued under this Division for the building. 120 penalty units, in the case of a natural person. 600 penalty units, in the case of a body corporate. S. 39(2) amended by No. 33/2010 s. 8. (2) If a building permit states that an occupancy permit is required for part of a building, a person must not occupy that part of the building unless the occupancy permit has been issued under this Division for that part of the building. 120 penalty units, in the case of a natural person. 600 penalty units, in the case of a body corporate.
S. 53(2) amended by No. 34/2013 s. 34(Sch. 1 item 5). (2) An application for an occupancy permit under this Division for a prescribed temporary structure or for a place of public entertainment prescribed or in a class prescribed for the purposes of this section may be made to the Authority by or on behalf of the owner of the place of public entertainment concerned. (3) An application can only be made to a private building surveyor under this Division in conjunction with an application for an occupancy permit under Division 1 in respect of the place of public entertainment concerned. 54 Schedule 2 to apply Schedule 2 applies in relation to an application for an occupancy permit under this Division. 55 Refusal of occupancy permit The relevant building surveyor must not issue an occupancy permit under this Division unless the place to which the permit applies is suitable for occupation for the public entertainment or class of public entertainment for which the permit is sought. 56 Decision on application for occupancy permit (1) The relevant building surveyor must decide an application for an occupancy permit under this Division by— (a) issuing the permit; or (b) issuing the permit with conditions; or (c) refusing the permit. (2) The regulations may prescribe a time within which the relevant building surveyor must decide an application for an occupancy permit.
S. 82(1) amended by No. 34/2013 s. 34(Sch. 1 item 10). (1) If— S. 82(1)(a) amended by No. 34/2013 s. 34(Sch. 1 item 10). (a) the Authority consents to the termination of an appointment under section 81(1) and a new private building surveyor or a municipal building surveyor is to complete the private building surveyor's functions; or S. 82(1)(b) amended by No. 34/2013 s. 34(Sch. 1 item 10). (b) the appointment of a private building surveyor has been terminated under section 81(3) and the Authority consents to a new private building surveyor or a municipal building surveyor completing the private building surveyor's functions— the Authority may give such written directions as it considers appropriate to facilitate the transfer of the private building surveyor's functions to that other private building surveyor or municipal building surveyor. S. 82(2) amended by No. 33/2010 s. 18. (2) The private building surveyor whose appointment was terminated under section 81, the private building surveyor or municipal building surveyor to whom the functions are to be transferred and the person who appointed the private building surveyor whose appointment was terminated must comply with a direction under subsection (1). 500 penalty units, in the case of a natural person. 2500 penalty units, in the case of a body corporate. (3) A direction under subsection (1) has effect despite anything to the contrary in the terms of appointment of the first private building surveyor or the private building surveyor or municipal
(d) cause any other person to do anything referred to in paragraph (a), (b) or (c) in relation to the building; or (e) manage or arrange the doing of anything referred to in paragraph (a), (b) or (c) in relation to the building; S. 137B(7) def. of home amended by No. 52/1998 s. 311(Sch. 1 item 10.6). home has the same meaning as it has in the Contracts Act 1995; S. 137B(7) def. of prescribed period amended by Nos 2/1996 s. 10(1), 75/1998 s. 19, 36/2008 s. 3(3). prescribed period means— (a) in relation to a contract for the sale of a building on which domestic building work has been carried out— (i) 6 years and 6 months (or such longer period (not exceeding 10 years) as is prescribed) after the completion date for the construction of the building; or (ii) if neither an occupancy permit nor a certificate of final inspection is issued or required to be issued in respect of the construction of the building— (A) 7 years after the date of the issue of the building permit in respect of the construction of the building; or (B) if a building permit is not issued or required to be issued in respect of the construction of the building, 6 years and 6 months after the certified date of
applicant means a person referred to in subsection (2)(a), (b) or (c) who has applied under this section or on whose behalf another person has applied under this section; Building Code of Australia Volume One means Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; building developer means a person with responsibility for, or control over, the design or construction of the building and includes any of the following— (a) a building practitioner of a category referred to in paragraph (e), (f) or (h) of the definition of building practitioner; (b) an architect within the meaning of section 3(1) of the Architects Act 1991; building manager means a person with responsibility for, or control over, the management of the building. (9) Division 5 (other than section 161) does not apply to an application under this section. Division 5—Powers concerning disputes and other proceedings S. 161 amended by No. 109/1997 s. 533(Sch. 2 item 1.1). 161 General powers The Building Appeals Board must consider and determine a matter referred or application made to it under this Act or any other Act and may make any order that it considers appropriate in the circumstances.
S. 167 repealed by No. 71/1995 s. 14. * * * * * 168 Register The Registrar of the Building Appeals Board must keep a Register of proceedings and determinations of the Board. Division 1—Registration 169 Application for registration S. 169(1) amended by No. 15/2016 s. 18(1). (1) A natural person may apply to the Authority to be registered as a building practitioner. (2) The application must— (a) be in writing; and (b) state each category or class of registration sought; and (c) be in accordance with the regulations; and S. 169(2)(ca) inserted by No. 36/2008 s. 5(1). (ca) be accompanied by the prescribed information relating to the character of the applicant; and S. 169(2)(cb) inserted by No. 34/2013 s. 9(1). (cb) be accompanied by an authorisation signed by the applicant for the conduct of a police record check on the applicant; and (d) be accompanied by the appropriate fee determined in accordance with the guidelines under Division 1 of Part 12; and
S. 171 substituted by No. 15/2016 s. 22. 171 Period of registration (1) Registration under this Part lasts for a period of up to 5 years as determined by the Authority. (2) Subsection (1) does not take away from any provision about the suspension or cancellation of registration. 172 Building practitioner's certificate S. 172(1) amended by No. 15/2016 s. 18(1). (1) Without delay after a person is registered as a building practitioner, the Authority must cause a building practitioner's certificate to be issued and given to that person. S. 172(2) substituted by No. 91/1995 s. 145(1). (2) On each anniversary of his or her registration a registered building practitioner must— S. 172(2)(a) amended by Nos 18/1998 s. 4, 34/2013 s. 23(1). (a) pay to the Victorian Building Authority Fund the appropriate annual fee determined in accordance with guidelines under Division 1 of Part 12; and S. 172(2)(b) amended by Nos 36/2002 s. 10(1), 15/2016 s. 18(3). (b) if under Part 9 the applicant is required to be covered by insurance, give written proof to the Authority that— S. 172(2)(b)(i) amended by No. 15/2016 s. 18(3). (i) until the next anniversary of his or her registration or, subject to such conditions as the Authority may impose, any lesser period approved by the Authority, he or she will be covered by the required insurance; or (ii) to the extent that a builder is engaged in domestic building work, he or she is
(3) The Register must be in accordance with the regulations. 174 Suspension where insurance ceases S. 174(1) amended by No. 15/2016 s. 18(1). (1) The Authority must suspend a person's registration under this Part if it becomes aware that the person has ceased to be covered under any insurance required under Part 9. S. 174(2) amended by No. 15/2016 s. 18(2). (2) The Authority must give the person written notice of the suspension of the person's registration under subsection (1). S. 174(3) amended by No. 15/2016 s. 18(3). (3) The suspension lasts until the person gives the Authority written proof that he or she is covered by the required insurance and that the cover is provided until the next anniversary of his or her registration and, when that proof is given, the Authority must revoke the suspension. S. 174(4) inserted by No. 26/2001 s. 10(2), substituted by No. 36/2002 s. 10(3), repealed by No. 36/2002 s. 10(4)(b). * * * * * S. 174(5) inserted by No. 26/2001 s. 10(2), repealed by No. 36/2002 s. 10(3). * * * * * S. 174A inserted by No. 91/1995 s. 146. 174A Suspension of registration where failure to comply with insurer's direction
(6) The suspension lasts until— S. 174A(6)(a) amended by No. 15/2016 s. 18(1). (a) the Authority is satisfied that the builder has complied with the direction; or S. 174A(6)(b) substituted by No. 34/2013 s. 24. (b) it is cancelled by the Victorian Civil and Administrative Tribunal under Division 2A of Part 11. 175 Consequences of suspension of registration While a person's registration as a building practitioner is suspended under this Part, he or she is deemed not to be registered under this Part. 176 Offences S. 176(1) amended by No. 36/2008 s. 7(1), substituted by No. 33/2010 s. 31(1). (1) A person who is not registered in the appropriate category or class under this Part must not take or use any of the following titles— (a) building practitioner or registered building practitioner; or (b) building surveyor, building surveyor (unlimited) or building surveyor (limited); or (c) building inspector; or (d) engineer, if the use of the title relates to the building industry; or (e) draftsperson, if the use of the title relates to the building industry; or (f) quantity surveyor; or (g) a prescribed title. 120 penalty units.
the Commonwealth or a State or Territory of the Commonwealth other than ; or S. 176(5)(b) amended by No. 15/2016 s. 18(1). (b) an organisation or member of staff of an organisation for the time being exempted by the Authority. S. 176(6) amended by No. 35/2004 s. 35(2). (6) Despite anything to the contrary in this section, an insured architect may use the title "building practitioner" or "registered building practitioner". (7) If a person ("the first building practitioner") is registered as a building practitioner in a particular category or class and the work usually done by building practitioners in that category or class includes work also usually done by building practitioners registered in another category or class, the first building practitioner— (a) does not have to be registered in that other category or class; and (b) may do that work without being registered in that other category or class; and S. 176(7)(c) amended by Nos 91/1995 s. 147(2)(b), 33/2010 s. 31(4). (c) does not commit an offence under subsection (1), (1A) or (2A) because he or she does that work.
S. 183E inserted by No. 15/2016 s. 25. 183E Authority may recover penalties Any amount that the Authority requires a registered building practitioner to pay by way of a penalty under this Division may be recovered in any court of competent jurisdiction as a debt due to the Authority. Pt 11 Div. 4 (Headings and new ss 184–187) inserted by No. 15/2016 s. 25. Division 4—Review of decisions relating to building practitioners Subdivision 1—Preliminary New s. 184 inserted by No. 15/2016 s. 25. 184 Definitions In this Division— affected person means a person directly affected by a reviewable decision; reviewable decision means any of the following decisions under this Act— (a) a decision to refuse to grant registration; (b) a decision to impose conditions (other than prescribed conditions) on registration; (c) a decision to refuse to renew registration; (d) a decision to immediately suspend registration; (e) a decision by the Authority to take disciplinary action; (f) a decision to give a registered building surveyor or a member of a class of registered building surveyors a direction under section 205M;
S. 205A(3) amended by No. 15/2016 s. 18(1). (3) Amounts paid into the Building account that are fees or fines received or recovered by or on behalf of the Authority in relation to the registration or discipline of building practitioners engaged in domestic building work must be credited to the domestic building account. (4) Amounts paid into the Building account on account of the building permit levy payable under section 205G(2) must be credited to the domestic building dispute account. (5) Other amounts paid into the Building account must be credited to the building general account. S. 205B inserted by No. 34/2013 s. 4. 205B Payments out of the Building account (1) Subject to subsection (2), there must be paid out of the Building account— (a) any amounts required to enable the Authority to carry out its functions; and (b) any amounts authorised by the Minister to be paid for a purpose relating to the building industry and approved by the Minister; and (c) any costs and expenses incurred by the Authority in administering or enforcing this Act or the regulations, including, but not limited to— (i) the remuneration and allowances of the Commissioners; and S. 205B(1)(c)(ii) amended by No. 15/2016 s. 18(9). (ii) the remuneration and allowances of members of the Building Appeals Board, the Building Advisory Council and the Building Regulations Advisory Committee; and (iii) the costs incurred in appointing or engaging any person for the purposes of this Act or the regulations; and
S. 221B(1) def. of water authority substituted by No. 17/2012 s. 83(b). water authority means an Authority within the meaning of the Water Act 1989 that has a water district or a sewerage district under that Act. (2) A reference in this Part (other than in section 221O or 221R) to registration includes a reference to provisional registration, unless a contrary intention appears or the context otherwise requires. S. 221B(3) substituted by No. 75/1998 s. 7(1). (3) For the purposes of this Part, a person supervises the carrying out of work only— (a) if the work is carried out in his or her presence, at his or her direction and on his or her behalf; or (b) if the following conditions are met— (i) the work is carried out on his or her behalf; and (ii) he or she specifies the method and manner in which the work is to be carried out; and (iii) he or she inspects the carrying out of the work as often as is necessary to ensure that the work is carried out safely and competently, having regard to the nature of the work, the risks involved in the work and the knowledge and experience of the person carrying out the work. (4) A reference in Division 7 to "he or she" or to "him or her" is to be read as including a reference to "it", if the context permits. S. 221C inserted by No. 39/1996 s. 5. 221C Meaning of plumbing work
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(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.
S. 221P(2) amended by Nos 75/1998 s. 5(b), 36/2008 s. 16, 34/2013 s. 34(Sch. 1 item 41). (2) A person who is provisionally registered must not, unless otherwise exempted by the Authority, do any plumbing work or specialised plumbing work of the class to which the provisional registration applies unless that work is carried out under the supervision of a person who is licensed to carry out work of that class. 20 penalty units. S. 221P(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 41). (3) The Authority may provisionally register an eligible person with respect to 2 or more particular classes of plumbing work or specialised plumbing work. S. 221P(4) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(4), 34/2013 s. 34(Sch. 1 item 41). (4) On receiving any provisional registration fee required by the regulations, the Registrar must give each person who is provisionally registered by the Authority a provisional registration document as evidence that the person is provisionally registered to carry out a particular class, or particular classes, of plumbing work or specialised plumbing work. (5) A provisional registration expires 1 year after it is granted, but may be renewed. S. 221Q inserted by No. 39/1996 s. 5. 221Q Restricted licences S. 221Q(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 42). (1) The Authority 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
S. 221U (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 47). S. 221U inserted by No. 39/1996 s. 5. 221U Authority may require further information S. 221U(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 48). (1) The Authority may ask a person applying to be licensed or registered for more information concerning the application if it is reasonably necessary to help it to decide whether to grant the application. S. 221U(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 48). (2) The Authority may refuse to license or register a person if he or she does not give it the extra information asked for within a reasonable time of being asked for the information. S. 221V inserted by No. 39/1996 s. 5, amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 49). 221V Offence to give false information A person must not make any written or oral statement to the Authority in relation to an application for a licence or registration, or for the renewal of a licence or registration, that the person knows, or ought reasonably to know, is false. 50 penalty units. S. 221VA inserted by No. 34/2013 s. 12(2). 221VA Police record check on applicant In considering an application for licensing or registration, the Authority may arrange for the conduct of a police record check on the applicant. S. 221W inserted by No. 39/1996 s. 5. 221W Temporary licence or registration (1) The Registrar may temporarily license or register a person under this Part if— (a) the person applies to be licensed or registered; and
S. 221W(1)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 50). (b) the Registrar is satisfied that the person is likely to be licensed or registered by the Authority; and S. 221W(1)(c) amended by No. 31/2007 s. 9. (c) the person pays any temporary licence fee or registration fee required by the regulations. S. 221W(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 50). (2) In exercising his or her powers under this section, the Registrar must comply with any directions of the Authority concerning the exercise of the powers. S. 221W(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 50). (3) The Registrar or the Authority may cancel a person's temporary licence or registration at any time, regardless of whether the Authority has considered the person's application. (4) A person's temporary licence or registration ends— (a) 3 months after it is issued; or S. 221W(4)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 50). (b) on the Authority approving or rejecting the person's application for licensing or registration; or S. 221W(4)(c) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 50). (c) on the Registrar or Authority cancelling the licence or registration under subsection (3)— whichever happens first.
S. 221ZA (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 54). S. 221ZA inserted by No. 39/1996 s. 5, amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 55). 221ZA Plumbers must notify Authority of change of contact details A licensed or registered plumber must notify the Authority in writing if he or she changes his or her residential or business address or has his or her business telephone number changed, and must do so within 14 days of the change. 5 penalty units. S. 221ZB inserted by No. 39/1996 s. 5. 221ZB Application for renewal of licence or registration as a plumber S. 221ZB(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 56). (1) A plumber wishing to renew his or her licence or registration must apply to the Authority for the renewal at least 2 months before the licence or registration expires. (2) The application for renewal must— S. 221ZB(2)(a) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 56). (a) be in the form required by the Authority; and S. 221ZB(2)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 56). (b) contain the information required by the Authority to enable it to decide whether to grant the renewal.
S. 221ZL inserted by No. 39/1996 s. 5. 221ZL Meaning of the total value of plumbing work For the purposes of this Division, the total value of plumbing work is the sum of— (a) the cost of any materials used in the work (even if the materials were not supplied by the person carrying out the work); and (b) if the work involves the installation of any thing, the cost of the thing (even if the thing was not supplied by the person carrying out the work); and (c) the cost of the labour involved in the work. S. 221ZLA inserted by No. 75/1998 s. 12. 221ZLA Building practitioner must transfer compliance certificate to owner (1) This section applies if— (a) a licensed plumber carries out any plumbing work to which section 221ZH applies for a building practitioner in or on any premises that the building practitioner does not own; and (b) the plumber gives the building practitioner (or an agent of the building practitioner) the compliance certificate in respect of the work. S. 221ZLA(2) amended by No. 96/2004 s. 18, substituted by No. 31/2007 s. 12. (2) The building practitioner must give the compliance certificate to the owner of the premises (or to the owner's agent) within 5 days after the day the building practitioner (or the building practitioner's agent) is given the compliance certificate. 3 penalty units.
S. 221ZLB inserted by No. 96/2004 s. 17. 221ZLB Other people must also transfer compliance certificate to owner (1) This section applies if— (a) a licensed plumber carries out any plumbing work to which section 221ZH applies for a person other than a building practitioner in or on any premises that the person does not own; and (b) the plumber gives the person (or an agent of the person) the compliance certificate in respect of the work. (2) The person must give the compliance certificate to the owner of the premises (or to the owner's agent) within 5 days after the day the person (or the person's agent) is given the compliance certificate. 3 penalty units. S. 221ZM inserted by No. 39/1996 s. 5. 221ZM Copies of certificates must be kept for 10 years A person must keep for at least 10 years a copy of every compliance certificate signed by him or her. 10 penalty units. S. 221ZN inserted by No. 39/1996 s. 5. 221ZN Provisions concerning the supply of certificate forms S. 221ZN(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (1) The Authority may sell compliance certificate forms to licensed plumbers. S. 221ZN(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (2) The Authority may authorise a person to sell compliance certificate forms to licensed plumbers.
S. 221ZN(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (3) In authorising a person, the Authority may impose any conditions on its authorisation that it thinks appropriate, and may change any such condition at any time. S. 221ZN(4) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (4) A person authorised by the Authority to sell compliance certificate forms— (a) must not sell or give a compliance certificate form to a person who is not a licensed plumber; and (b) must not sell a compliance certificate form to a licensed plumber at a price greater than $20 (or any other amount specified by the regulations); and S. 221ZN(4)(c) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (c) must comply with any condition imposed by the Authority in granting its authorisation. 20 penalty units. S. 221ZN(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (5) The Authority must not sell a compliance certificate form to a licensed plumber at a price greater than $20 (or any other amount specified by the regulations). (6) A licensed plumber may authorise a person in writing to buy compliance certificate forms on the plumber's behalf. (7) A licensed plumber must ensure that only one person has such an authority at any one time. 5 penalty units.
S. 221ZU(3) amended by Nos 75/1998 s. 5(b), 36/2008 s. 23, 34/2013 s. 34(Sch. 1 item 73). (3) A suspension imposed under this section lasts until the person suspended gives the Authority written proof that he or she is covered by the required insurance for the remaining period of the licence. When that proof is given, the Authority must revoke the suspension. S. 221ZV inserted by No. 39/1996 s. 5. 221ZV Suspension of licence where failure to comply with insurer's direction S. 221ZV(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 74). (1) An insurer may apply to the Authority for the suspension of the licence of a licensed plumber on the ground of a failure by the plumber to comply 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 Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 74). (3) The Authority must notify a plumber in respect of whom an application is made without delay of the application and advise the plumber— (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 Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 74). (b) that he or she has a right to be heard by the Authority in respect of the application.
S. 221ZZB(4) inserted by No. 99/1997 s. 121(8). (4) If the order relates to gasfitting work, the plumbing inspector must give a copy of the order to the relevant gas distribution company. S. 221ZZC inserted by No. 39/1996 s. 5. 221ZZC Owner/occupier must comply with plumbing order (1) An owner or occupier of any land or building must comply with any requirement set out in a plumbing order that has been given to him or her within the time set out in the order. In the case of a natural person, 60 penalty units; In the case of a body corporate, 120 penalty units. (2) Subsection (1) does not apply if the owner or occupier has a reasonable excuse for failing to comply with the order. S. 221ZZD inserted by No. 39/1996 s. 5. 221ZZD Inspector may cancel plumbing order The plumbing inspector who gave a plumbing order may cancel it at any time. S. 221ZZE inserted by No. 39/1996 s. 5. 221ZZE Right to apply to the VCAT to have a plumbing order cancelled S. 221ZZE(1) amended by No. 28/2000 s. 20(c). (1) A person who has been given a plumbing order may apply to the Victorian Civil and Administrative Tribunal to have the decision to issue the order reviewed. (2) Such an application must be made within 15 business days of the date the person receives the order.
S. 221ZZZB inserted by No. 39/1996 s. 5. 221ZZZB Plumber must give information to compliance auditor S. 221ZZZB(1) amended by No. 75/1998 s. 15(2). (1) A person must comply with any requirement made by a compliance auditor under section 221ZZZA(3)(a) or (c). 50 penalty units. S. 221ZZZB(2) amended by No. 75/1998 s. 15(3). (2) However, a person need not answer any question put to him or her under section 221ZZZA(3)(c) if the answer might incriminate him or her. S. 221ZZZB(3) inserted by No. 75/1998 s. 15(4). (3) A person must comply with any requirement made by a compliance auditor under section 221ZZZA(3)(e). 10 penalty units. S. 221ZZZBA inserted by No. 75/1998 s. 16. 221ZZZBA Inspector may require plumber to attend inspection (1) A plumbing inspector may require a person who is, or was, a licensed or registered plumber, to attend any inspection of any work that the inspector is examining that was carried out or supervised by the person. (2) The person must comply with the requirement. 10 penalty units. S. 221ZZZC inserted by No. 39/1996 s. 5. 221ZZZC Additional powers of plumbing inspectors (1) Part 13 applies to caravans and vessels as if a caravan or vessel was a building and the occupant of the caravan or vessel was its occupier. (2) After entering any land or building under Part 13, a plumbing inspector or compliance auditor may— (a) inspect and test any plumbing work on or in that land or building;
S. 221ZZZH (1)(d) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 93). (d) the fact that the person may make oral and written submissions to the Authority in relation to the inquiry; and (e) a copy of section 221ZZZJ. S. 221ZZZH(2) amended by Nos 75/1998 s. 5(b), 70/2013 s. 3(Sch. 1 item 3). (2) The Authority may conduct an inquiry in the absence of the person whose conduct or competence is being inquired into if it is satisfied that the person received the details listed in subsection (1). S. 221ZZZI inserted by No. 39/1996 s. 5, amended by Nos 75/1998 s. 5(c), 34/2013 s. 34(Sch. 1 item 94). 221ZZZI How inquiry to be conducted Clauses 12, 15, 16, 17, 18(1) and 19 of Schedule 3 apply to an inquiry under this Division as if a reference in those clauses to the Building Appeals Board was a reference to the Victorian Building Authority. S. 221ZZZJ (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 95). S. 221ZZZJ inserted by No. 39/1996 s. 5. 221ZZZJ Disciplinary powers of Authority S. 221ZZZJ(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 96). (1) At the end of an inquiry, if the Authority is satisfied that proper cause for taking disciplinary action against a person exists, the Authority may do one or more of the following— (a) reprimand the person;
(3) Proceedings for any offence against this Act or the regulations may be brought by— S. 241(3)(a) amended by No. 34/2013 s. 32(3). (a) the Authority; or S. 241(3)(b) amended by No. 34/2013 s. 32(3). (b) any person authorised by the Minister or the Authority; or S. 241(3)(c) amended by No. 37/2014 s. 10(Sch. item 9.2). (c) a police officer. (4) An authority given by any person or body under this section must be in writing and may be given generally or in relation to a particular matter. (5) Until evidence is given to the contrary proof is not required of any authority to bring proceedings under this section. (6) No person other than a person authorised by or under this section may bring proceedings for an offence against this Act or the regulations. (7) Despite anything in any Act, proceedings for an offence against this Act or the regulations may be commenced within the period of 3 years after the commission of the alleged offence. S. 241A inserted by No. 91/1995 s. 154. 241A Additional penalties for unregistered builders carrying out domestic building work (1) If a court finds an unregistered builder guilty of carrying out domestic building work in contravention of this Act the court may, in addition to any penalty for that offence, direct that the builder is ineligible to apply for registration under Part 11 for not more than 3 years.
(v) prescribing penalties not exceeding 10 penalty units for the offences prescribed under paragraph (u); S. 261(1)(w)(x) repealed by No. 32/2006 s. 94(Sch. item 4(8)). * * * * * (y) generally providing for any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. S. 261(2) inserted by No. 85/2000 s. 13(2), amended by No. 54/2007 s. 11(3), repealed by No. 46/2008 s. 248(9). * * * * * 262 Additional powers Any regulations made under this Act— (a) may be of general or limited application; and (b) may differ according to differences in time, place and circumstance; and (c) may confer a discretionary authority or impose a duty on or leave any matter to be determined or approved by a specified person or body or class of persons or bodies; and S. 262(d) amended by Nos 71/1995 s. 23(2), 39/1996 s. 10(a), 31/2007 s. 21(a). (d) may provide for the exemption of persons or classes of persons, or buildings or classes of buildings, land or classes of land or building work or plumbing work or classes of building work or plumbing work, or materials or products or classes of materials or products in relation to building work or
appointment not inconsistent with this Act or the regulations. (4) A member of a Board appointed by the Minister can be removed from office by the Minister. 2 Remuneration and allowances A member of a Board (including a chairperson or deputy chairperson) who is not a member of the public service or the holder of a full-time statutory office is entitled to receive— (a) remuneration; and (b) travelling or other allowances— from time to time fixed by the Minister in respect of that member. 3 Vacancies (1) A member of a Board may resign from membership by letter signed by the member and delivered to the Minister. (2) The office of a member of a Board becomes vacant if the member— (a) becomes bankrupt; or (b) is convicted in of an offence punishable on first conviction with imprisonment for a term of 12 months or more or is elsewhere convicted of an offence which, if committed in , would be so punishable; or (c) ceases to hold a position or qualification which made the member eligible for appointment as a member.
(c) is bound by the rules of natural justice; and (d) is not bound by any rule or practice as to evidence; and (e) may conduct a proceeding in private if it considers it in the public interest or the interest of justice to do so, but must otherwise hold its hearing in public; and (f) must proceed with as little formality and technicality and with as much expedition as the requirements of this Act and the regulations and the proper consideration of the matter before it permit; and (g) may proceed with the hearing in the absence of a party to the proceeding if it is satisfied that the party has been given reasonable notice of the date, time and place of the hearing; and (h) may at any time adjourn the proceeding; and (i) may deal with proceedings or classes of proceedings together if it is satisfied that they relate to the same parties, the same building, land or building work or the same or related subject-matter; and (j) may seek the independent advice of a person to assist it in dealing with the proceeding. (4) A party to a proceeding may appear at a hearing before the Building Appeals Board or do anything else in relation to a proceeding before that Board either personally or through an agent. (5) The Board must disclose to each party to a proceeding any advice it receives under subclause (3)(j) and give each party a reasonable opportunity to make submissions about that advice before determining the proceeding. 16 Determinations and reasons
section 8 of the Building (Plumbing) Act 1998 came into operation. (3) Despite Part 12A (as amended by section 8 of the Building (Plumbing) Act 1998), a person to whom this clause applies may continue to carry out refrigeration work without being registered or licensed under that Part— (a) for 12 months after the date section 8 came into operation; or (b) if the person applies before that 12 month period expires for registration or a licence that will enable her or him to carry out refrigeration work— (i) until the Commission grants the registration or licence; or (ii) if the Commission refuses to grant the registration or licence— (A) if the person does not apply to the Victorian Civil and Administrative Tribunal for a review of the refusal, until 21 days after the person is given notice of the refusal in writing; or (B) if the person applies to the Victorian Civil and Administrative Tribunal to have the refusal reviewed, until the Tribunal gives its decision to the person in writing or the person abandons the application for review. 4 Building Advisory Council The Building Advisory Council is deemed to be the same body despite the change to its
Financial Management (Consequential Amendments) Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: S. 4(Sch. 2 item 9) on 1.1.95: Government Gazette 28.7.94 p. 2055 : This information relates only to the provision/s amending the Building Act 1993 Project Development and Construction Management Act 1994, No. 101/1994 Assent Date: 13.12.94 Commencement Date: S. 64 on 22.5.95: Government Gazette 18.5.95 p. 1180 : This information relates only to the provision/s amending the Building Act 1993 Equal Opportunity Act 1995, No. 42/1995 Assent Date: 14.6.95 Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 6 on 1.1.96: Government Gazette 21.12.95 p. 3571 : This information relates only to the provision/s amending the Building Act 1993 Planning and Environment (Development Contributions) Act 1995, No. 50/1995 Assent Date: 14.6.95 Commencement Date: S. 5 on 30.11.95: Government Gazette 30.11.95 p. 3303 : This information relates only to the provision/s amending the Building Act 1993 Building (Amendment) Act 1995, No. 71/1995 (as amended by Nos 91/1995, 34/1997) Assent Date: 31.10.95 Commencement Date: Ss 1, 2 on 31.10.95: s. 2(1); ss 3–6, 8, 10–19, 22–25 on 1.12.95: Government Gazette 16.11.95 p. 3171; s. 7 on 1.2.96: Government Gazette 21.12.95 p. 3570; ss 9, 21 never proclaimed, repealed by No. 91/1995 s. 156; s. 20 on 1.5.96: Government Gazette 18.4.96 p. 913 : All of Act in operation Contracts and Tribunal Act 1995, No. 91/1995 Assent Date: 5.12.95 Commencement Date: Pt 7 (ss 136–156) on 1.5.96: Government Gazette 29.2.96 p. 445 : This information relates only to the provision/s amending the Building Act 1993 Heritage Act 1995, No. 93/1995
(5) If a manager takes possession of a document or other thing under this section and has not provided a copy of it under subsection (4), the manager must provide a receipt for the document or thing as soon as practicable after taking possession of it. (6) If a manager takes possession of a document or other thing under this section, the manager may keep it until it is no longer required for the carrying out of the manager's functions. (7) The manager must take all reasonable steps to return the document or other thing to the person entitled to it as soon as it is no longer required for the carrying out of the manager's functions. (8) Nothing in this section limits any other power the manager has as a private building surveyor under Division 2 of Part 13 or the building regulations. 83J Acts of manager taken to be acts of private building surveyor (1) An act done by the manager of a private building surveyor's business is, for the purpose of any proceedings or transaction that relies on that act, taken to have been done by the private building surveyor. (2) Nothing in this section subjects a private building surveyor or any partner, officer, employee or agent of a private building surveyor to any personal liability in relation to any act done by the manager of the private building surveyor's business. 83K Protection from liability