S. 3(1) def. of Authority inserted by No. 34/2013 s. 3(a). Authority means the Victorian Building Authority established under section 193; building includes structure, temporary building, temporary structure and any part of a building or structure; Building Advisory Council means the Building Advisory Council under Part 12; Building Appeals Board means the Building Appeals Board under Part 10; S. 3(1) def. of Building Code of Australia inserted by No. 34/1997 s. 4, amended by No. 66/2004 s. 3(2), substituted by No. 5/2011 s. 3(2). Building Code of Australia means the Building Code of Australia comprising— (a) 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; and (b) Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume; s. 3 Building Practitioners Board means the Building Practitioners Board under Part 11; S. 3(1) def. of building practitioner amended by Nos 91/1995 s. 136(a) (i)–(iii), 35/2004 s. 34(1) (as amended by No. 66/2004 s. 21). building practitioner means— (a) a building surveyor; or (b) a building inspector; or (c) a quantity surveyor; or (d) an engineer engaged in the building industry; or
2 An application for a building permit must include information that enables the building permit levy to be determined (see section 205H(1)). S. 18A inserted by No. 35/2006 s. 9. 18A Notice to VicUrban of application s. 18 (1) This section applies if— (a) an application for a building permit relates to the carrying out of building work on land in a project area within the meaning of the Victorian Urban Development Authority Act 2003; and (b) a resolution is in force under Division 5A of Part 3 of that Act levying a general development charge or an infrastructure recovery charge in respect of that project area. (2) The relevant building surveyor must without delay— S. 18A(2)(a) amended by No. 35/2011 s. 17(1). (a) notify the Urban Renewal Authority Victoria in writing of— (i) the application; and S. 18A(2)(a)(ii) amended by No. 34/2013 s. 19(1)(a). (ii) the cost of the building work estimated under Subdivision 4 of Division 2 of Part 12; and S. 18A(2)(a)(iii) amended by No. 34/2013 s. 19(1)(b). (iii) any refusal of the application under section 205H(3)(b) or (c); and (iv) any decision of the Building Appeals Board to modify the cost of the building work; and
(a) if the adjoining owner has agreed to the protection work, in accordance with that agreement; or (b) if the relevant building surveyor has made a determination under this Part in respect of the protection work, in accordance with that determination; or (c) if the Building Appeals Board has made a determination under Part 10 in respect of the protection work, in accordance with that determination. 500 penalty units, in the case of a natural person. 2500 penalty units, in the case of a body corporate. 89 Emergency procedures s. 89 S. 89(1) amended by No. 34/2013 s. 34(Sch. 1 item 11). (1) The Authority, on the application of an owner or adjoining owner may declare that emergency protection work is required in respect of a particular adjoining property. (2) Sections 84 to 88 do not apply to any emergency protection work to be carried out in accordance with a declaration under subsection (1). S. 89(3) amended by No. 33/2010 s. 20. (3) The owner must carry out emergency protection work in accordance with— (a) the declaration under subsection (1); or (b) if the Building Appeals Board has made a determination under Part 10 in respect of the protection work, in accordance with that determination.
(2) The appointment is to be subject to such terms and conditions as to the discharge of the person's duties as agent and as to the payment of fees and otherwise as the Minister thinks fit. (3) The Minister must cause an agent appointed under this section to be notified in writing of— (a) the appointment; and (b) the nature of the agent's duties; and (c) the fees to be paid to the agent by the owner; and (d) any other terms and conditions to which the appointment is subject. (4) An adjoining owner may revoke the appointment of an agent under this section but that revocation does not affect the validity of anything done by the agent under the appointment before the revocation. 92 Adjoining owner may inspect plans s. 92 At any time after notice of intention to commence the carrying out of building work is given under this Part, the relevant building surveyor must make available to the adjoining owner, on request, for inspection, without charge, any plans, drawings and specifications of the proposed building work in the possession or control of the relevant building surveyor. 93 Owner to arrange insurance cover S. 93(1) substituted by No. 68/2001 s. 7(1), amended by No. 33/2010 s. 21(1). (1) Before any protection work is commenced in respect of an adjoining property, an owner must ensure that a contract of insurance is in force, in accordance with this section, against— (a) damage by the proposed protection work to the adjoining property; and
(a) a person appointed to be chairperson of the Board; and (b) a person who, in the Minister's opinion, has experience in the building industry or in matters related to that industry, who is to be appointed deputy chairperson of the Board; and S. 166(3)(ba) inserted by No. 68/2001 s. 8(1), substituted by No. 18/2005 s. 18(Sch. 1 item 10.1). (ba) at least one person who is an Australian lawyer (within the meaning of the Legal Profession Act 2004) of at least 5 years' standing; and S. 166(3)(bb) inserted by No. 68/2001 s. 8(1). (bb) at least one person who, in the Minister's opinion, is able to represent the interests of users of the services of building practitioners; and s. 168 (c) as many other persons as the Minister considers necessary for the purposes of this Act, and who, in the Minister's opinion, have experience in the building industry or in matters related to that industry. (4) A person cannot at the same time be a member of the Building Appeals Board and be— S. 166(4)(a) amended by No. 34/2013 s. 22(1). (a) a Commissioner; or (b) a member of the Building Practitioners Board; or (c) a member of the Building Advisory Council. (5) A person may at the same time be a member of the Building Appeals Board and the Building Regulations Advisory Committee.
S. 187(2) substituted by No. 34/1997 s. 15. (2) Clause 8 of Schedule 3 applies to the Building Practitioners Board— (a) only in respect of its functions under Division 2 of this Part; and (b) as if that clause requires that one of the members of the panel is to be the member of the Board appointed in respect of the category of registered building practitioner to which the person who is the subject of the Board's inquiry belongs; and (c) otherwise in the same way as it applies to the Building Appeals Board. (3) Clause 15 of Schedule 3 applies to the Building Practitioners Board in the same way as it applies to the Building Appeals Board. s. 187 __________________ Division 1—Role of Minister 188 Guidelines s. 188 (1) The Minister may from time to time issue guidelines relating to— (a) the fees to be charged for applications for permits and approvals and any fees to be charged under this Act and the regulations; and S. 188(1)(b) amended by No. 34/2013 s. 34(Sch. 1 item 25). (b) the charges to be made for services provided by the Authority; and (c) the functions of municipal building surveyors and private building surveyors under this Act or the regulations; and
S. 205R inserted by No. 34/2013 s. 4. 205R Minister's guidelines apply to applications to Authority If an application is made to the Authority under this Act for a permit or a temporary approval or an amendment to a permit or approval, section 66 or clause 1 of Schedule 2 (as the case requires) applies as if a reference in that section or clause to the Local Government Act 1989 were a reference to guidelines under section 188 of this Act. Division 3—The Building Advisory Council 206 Establishment of Council s. 205R There is established by this Act a Council to be called the Building Advisory Council. 207 Membership and procedure (1) The members of the Building Advisory Council are to be appointed by the Minister. (2) Of those members— S. 207(2)(a) substituted by No. 18/1998 s. 7(1). (a) one is to be a person appointed as chairperson of the Council; and S. 207(2)(aa) inserted by No. 18/1998 s. 7(1), repealed by No. 34/2013 s. 5(1)(a). * * * * * S. 207(2)(ab) inserted by No. 75/1998 s. 4(1), substituted by No. 34/2013 s. 5(1)(a). (ab) one is to be the Chief Commissioner or a Commissioner nominated by the Chief Commissioner; and (b) one is to be nominated by the Royal Australian Institute of Architects, Victorian Chapter; and
S. 207(2)(ba) inserted by No. 34/2013 s. 5(1)(b). (ba) one is to be nominated by the Building Designers Association of Victoria Inc.; and (c) one is to be nominated by the Master Builders Association of Victoria; and (d) one is to be nominated by the Housing Industry Association, Victorian/Tasmanian Division; and S. 207(2)(e) amended by No. 34/1997 s. 18. (e) one is to be nominated by the Property Council of Australia, Victoria Division; and S. 207(2)(f) amended by No. 71/1995 s. 18(1). (f) one is to be nominated by the Australian , Victorian Chapter; and S. 207(2)(g) inserted by No. 71/1995 s. 18(1), amended by No. 68/2001 s. 8(3)(a). (g) one is to be a person who in the Minister's opinion, has experience in the building industry or in matters related to that industry; and S. 207(2)(h) inserted by No. 68/2001 s. 8(3)(b), substituted by No. 18/2005 s. 18(Sch. 1 item 10.3). s. 207 (h) at least one is to be an Australian lawyer (within the meaning of the Legal Profession Act 2004) of at least 5 years' standing; and S. 207(2)(i) inserted by No. 68/2001 s. 8(3)(b). (i) at least one is to be a person who, in the Minister's opinion, is able to represent the interests of users of the services of building practitioners. S. 207(2A) inserted by No. 34/2013 s. 5(2). (2A) For the purposes of subsection (2)(ab), the Chief Commissioner may nominate a Commissioner to act in the place of the Chief Commissioner in his or her absence. (3) If there is to be a vacancy in the membership of the Building Advisory Council, the Minister may
class of specialised plumbing work means a class of specialised plumbing work specified by the regulations or in a declaration under section 221ZZZU; S. 221B(1) def. of Commission inserted by No. 75/1998 s. 5(a)(ii), repealed by No. 34/2013 s. 26(2). * * * * * compliance auditor means a person appointed as a compliance auditor under section 221ZZY; compliance certificate means a certificate referred to in section 221ZH; emergency plumbing order means an order issued under section 221ZZF; S. 221B(1) def. of insolvent under administration repealed by No. 4/2008 s. 32(Sch. item 2). * * * * * s. 221B S. 221B(1) def. of licensed plumber amended by Nos 75/1998 s. 5(a)(iii), 34/2013 s. 34(Sch. 1 item 32(a)). licensed plumber means a person who is licensed by the Authority 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, substituted by No. 5/2011 s. 6. Plumbing Code of Australia means the Plumbing Code of Australia set out in Volume Three of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in Appendix A of that Volume; plumbing inspector means a person appointed as a plumbing inspector under section 221ZZY; S. 221B(1) def. of plumbing laws amended by Nos 99/1997 s. 121(1), 17/2012 s. 83(a). 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 (d) any regulations made under this Part or any Act listed in paragraph (b) or (c); plumbing notice means a notice issued under section 221ZY; plumbing order means an order issued under section 221ZZB; s. 221B rectification notice means a notice issued under section 221ZW;
(b) either— (i) have the relevant qualifications and experience required by the regulations; or S. 221M(1) (b)(ii) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 37). (ii) satisfy the Authority that he or she has knowledge and competence at least equal to that that a person who has the qualifications and experience required by the regulations would have; and (c) be covered by the required insurance. S. 221M(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 37). (2) The Authority must license a person to carry out a particular class of 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 licence fee set out in the regulations. S. 221M(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 37). (3) The Authority may license an eligible person to carry out 2 or more particular classes of plumbing work. S. 221M(4) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(1), 34/2013 s. 34(Sch. 1 item 37). (4) The Registrar must give each person who is licensed by the Authority 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), substituted by No. 33/2010 s. 39. (a) be a licensed plumber in respect of a class or classes of plumbing work or specialised plumbing work required by the regulations (or a declaration under section 221ZZZU); 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 Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 38). (ii) satisfy the Authority 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 Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 38). (2) The Authority 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. 221N(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 38). (3) The Authority may license an eligible person to carry out 2 or more particular classes of specialised plumbing work.
(c) has had his or her authorisation to carry out plumbing work or specialised plumbing work suspended or cancelled for any reason other than his or her failure to renew that authorisation; or (d) is an insolvent under administration; or S. 221S(1)(e) amended by No. 17/1999 s. 22(5), substituted by No. 72/2010 s. 48(Sch. item 2(3)). (e) has been convicted of an offence against— (i) section 12, 16, 17, 18, 20 or 22 of the Fair Trading Act 1985; or (ii) section 10, 11, 12, 17, 19 or 21 of the Fair Trading Act 1999; or (iii) section 53, 55, 55A, 56, 58 or 60 of the Trade Practices Act 1974 of the Commonwealth; or S. 221S(1) (e)(iv) amended by No. 21/2012 s. 239(Sch. 6 item 5.2). s. 221S (iv) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of the Australian Consumer Law (Victoria); S. 221S(1) (e)(v) inserted by No. 21/2012 s. 239(Sch. 6 item 5.3). (v) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth. S. 221S(2) amended by Nos 75/1998 s. 5(b), 31/2007 s. 8, 34/2013 s. 34(Sch. 1 item 45). (2) Despite sections 221M(2), 221N(2), 221O(2) and 221OA(2), the Authority must refuse to licence or register a person who is for the time being disqualified by an order of any regulatory body from acting as a licensed or registered plumber (or an equivalent occupation under the jurisdiction of the regulatory body). (3) This section applies regardless of where the conviction, suspension, cancellation, insolvency or disqualification occurred. S. 221T inserted by No. 39/1996 s. 5. 221T Application for licensing or registration as a plumber
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). s. 221W (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. 221X (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 51). S. 221X inserted by No. 39/1996 s. 5. 221X Authority may impose conditions on licensing or registering person s. 221X S. 221X(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 52). (1) The Authority 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), 34/2013 s. 34(Sch. 1 item 52). (3) The Registrar must ensure that a licence or registration document states any conditions that the Authority has imposed with respect to the licence or registration document.
(b) registration that is to remain in force for less than 3 years— is reduced to take account of the shorter period for which that licensing or registration is to remain in force. S. 221Z(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 53). (5) Subsections (1), (2) and (3) do not apply if the Authority suspends or cancels a person's licence or registration under this Part. 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 s. 221ZA 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. 221ZE(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 61). (2) However, the Authority 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. S. 221ZF inserted by No. 39/1996 s. 5. 221ZF Information to be given to unsuccessful applicants S. 221ZF(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 62). (1) If the Authority refuses to license or register a person or to renew a person's licence or registration, the Authority must notify the person in writing of the refusal as soon as possible after the refusal. S. 221ZF(2) amended by Nos 28/2000 s. 20(a), 34/2013 s. 34(Sch. 1 item 63). (2) The notice of refusal must set out the Authority's reasons for refusing the application and must contain a copy of section 221ZZZP. S. 221ZFA (Heading) amended by No. 36/2008 s. 18(6)(a). S. 221ZFA inserted by No. 31/2007 s. 11. 221ZFA Licence and registration document to be returned to Registrar S. 221ZFA(1) amended by No. 36/2008 s. 18(6)(b). (1) The Registrar may ask a person who holds a licence or registration document for the return of that licence or registration document— S. 221ZFA (1)(a) amended by No. 36/2008 s. 18(6)(c). (a) for the purpose of altering the details on the licence or registration document; or
10 penalty units. Division 4—Compliance certificates S. 221ZG inserted by No. 39/1996 s. 5, amended by Nos 99/1997 s. 121(5), 91/1998 s. 35. 221ZG This Division does not apply to complex gasfitting work Nothing in this Division applies to gasfitting work on a complex gas installation (as defined in the Gas Safety Act 1997). References to "plumbing work" in this Division are to be read as references to all plumbing work other than that work. S. 221ZH inserted by No. 39/1996 s. 5. 221ZH Compliance certificate must be given for most plumbing work (1) This section only applies to the following plumbing work— s. 221ZH (a) any plumbing work that has a total value of $500 or more (or any higher amount fixed by the regulations); and S. 221ZH(1)(b) substituted by No. 75/1998 s. 10(1). (b) the installation, relocation or replacement of any gas-using appliance; and S. 221ZH(1) (ba) inserted by No. 75/1998 s. 10(1). (ba) the conversion of a gas-using appliance for use with a different gaseous fuel; and S. 221ZH(1) (bb) inserted by No. 75/1998 s. 10(1). (bb) the installation, modification or relocation of consumer gas piping (other than work that is carried out on consumer gas piping by, or on behalf of, a gas company and that is incidental to the modification of the gas company's assets under the provisions of an
S. 221ZP(2) (b)(i) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 71). (i) a person authorised by the Authority has inspected the work and authorised the plumber to cover the work; or S. 221ZP(2) (b)(ii) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 71). (ii) no person authorised by the Authority arrives to inspect the work and at least half an hour has elapsed since the time referred to in paragraph (a). 10 penalty units. S. 221ZP(3) amended by No. 75/1998 s. 5(b), substituted by No. 75/1998 s. 13. (3) Unless he or she has a reasonable excuse for not doing so, the plumber— S. 221ZP(3)(a) amended by No. 34/2013 s. 34(Sch. 1 item 71). (a) must ensure that the work is ready to be inspected at the time given to the Authority under subsection (2)(a); and (b) must be present at that time at the place where the work was carried out. 10 penalty units. S. 221ZPA inserted by No. 75/1998 s. 14. 221ZPA Information to be provided before work starts s. 221ZPA (1) Before a licensed or registered plumber starts any plumbing work at a premises, he or she must give the person who commissioned the work a document that sets out the plumber's name, licence or registration number, and business address. 10 penalty units. (2) If the plumbing work is work for which section 221ZH requires the issue of a compliance
vessel means any boat or houseboat that has a gas appliance or toilet as a fixture. S. 221ZZZD inserted by No. 39/1996 s. 5. 221ZZZD Compulsory inspections s. 221ZZZD (1) This section applies if GASCOR or a water authority has evidence to suggest— (a) that particular plumbing work does not comply with the plumbing laws; or (b) that a real threat to health and safety exists as a result of the improper installation or maintenance of a sanitary drain or an appliance or fixture that uses water or gas; or (c) that there is infiltration of groundwater or stormwater into private sanitary drains— (i) from surface areas; or (ii) from downpipes; or (iii) due to gullies being fitted at an inappropriate level; or (iv) due to defective plumbing work. S. 221ZZZD(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 90). (2) GASCOR or the water authority may ask the Authority in writing to inspect the work or drain, appliance or fixture. S. 221ZZZD(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 90). (3) On receiving such a request and a copy of the evidence, the Authority must cause an inspection to be made of the work or drain, appliance or fixture.
S. 221ZZZJ (1C) inserted by No. 36/2008 s. 24(2), amended by No. 34/2013 s. 34(Sch. 1 item 96). (1C) The Authority may revoke the suspension of the suspension or cancellation of a licence or registration and reinstate the original suspension or cancellation if the Authority is satisfied that the person has during the suspension period— (a) breached a requirement of this Part; or (b) breached a condition of the suspension. S. 221ZZZJ (1D) inserted by No. 36/2008 s. 24(2). (1D) If the original suspension or cancellation of a licence or registration is reinstated, the period of suspension begins, or the cancellation takes effect, on the day following the day that the decision to reinstate the suspension or cancellation is made. S. 221ZZZJ(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 96). (2) If the Authority 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 Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 97). (1) This section applies if the Authority 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 Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 97). (2) The Authority 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. 221ZZZN (1)(b) amended by Nos 75/1998 s. 5(c), 34/2013 s. 34(Sch. 1 item 104). (b) a reference to the Building Appeals Board was a reference to the Victorian Building Authority. 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 Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105). s. 221ZZZP (1) A person may apply to the Victorian Civil and Administrative Tribunal for the review of a decision by the Authority 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; S. 221ZZZP (1)(b) amended by No. 34/1997 s. 30(c). (b) any conditions imposed on his or her licence or registration;
authorised officer means the holder of a prescribed office or the holder of an office in a prescribed class of officers; prescribed offence means an offence against this Act or the building regulations which is prescribed for the purpose of this Division. 255 Building infringements (1) An authorised officer may serve a building infringement notice on the owner or the occupier of any building or land or any person carrying out building work, if the authorised officer has reason to believe that that person has committed a prescribed offence in respect of the building or land. S. 255(2) substituted by No. 32/2006 s. 94(Sch. item 4(4)). (2) An offence referred to in subsection (1) for which a building infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 255(2A) inserted by No. 32/2006 s. 94(Sch. item 4(4)). (2A) In addition to the details required under section 13 of the Infringements Act 2006, the details of the additional steps (if any) required to expiate the offence must be included in an infringement notice served under subsection (1). (3) The prescribed penalty for a prescribed offence is the amount, not exceeding 10 penalty units, prescribed for that offence for the purposes of this Division. 256 Additional steps s. 256 (1) Additional steps required to expiate a prescribed offence may include, but are not limited to, the following— (a) carrying out any work if failure to carry out the work constitutes the offence;
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. 266 (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 s. 270 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). S. 271 inserted by No. 9/2012 s. 5. 271 Transitionals—Building Amendment Act 2012 (1) Despite the amendments made to section 179A by section 4 of the Building Amendment Act 2012, section 179A as in force immediately before the
Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 4) on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Building Act 1993 Victorian Urban Development Authority (Amendment) Act 2006, No. 35/2006 Assent Date: 13.6.06 Commencement Date: Ss 9–11 on 1.9.06: s. 2(2) : This information relates only to provision/s amending the Building Act 1993 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 6) on 11.10.06: s. 2(1) : This information relates only to the provision/s amending the Building Act 1993 Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 3) on 27.6.07: s. 2(1) : This information relates only to the provision/s amending the Building Act 1993 Building Amendment (Plumbing) Act 2007, No. 31/2007 Assent Date: 24.7.07 Commencement Date: Ss 3–21 on 1.1.08: s. 2(2) : All of Act in operation Building Amendment Act 2007, No. 54/2007 Assent Date: 7.11.07 Commencement Date: Ss 3–11 on 8.11.07: s. 2 : All of Act in operation Motor Car Traders Amendment Act 2008, No. 4/2008 Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 2) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Building Act 1993 Building Amendment Act 2008, No. 36/2008 Assent Date: 26.8.08 Commencement Date: Ss 16–25 on 1.1.09: Government Gazette 18.12.08 p. 2998; ss 3–15, 26, 27 on 1.9.09: s. 2(2) : All of Act in operation Endnotes Public Health and Wellbeing Act 2008, No. 46/2008