applicant deposit with the relevant council or, in the case of a permit issued by a private building surveyor, with the Authority— (a) a bond for an amount determined in accordance with the regulations; or S. 22(b) substituted by No. 11/2001 s. 3(Sch. item 8). (b) an undertaking to pay that amount together with a guarantee provided by a body that is permitted to use the expression "bank" under section 66 of the Banking Act 1959 of the Commonwealth— to secure the complete and satisfactory carrying out of the work authorised by the building permit. 23 Reporting authority to be notified of permit If the relevant building surveyor issues a building permit which differs from or fails to implement the recommendations in a reporting authority's report under Schedule 2 on the application for the permit, the relevant building surveyor must notify the reporting authority without delay of the permit and give the reporting authority a copy of the permit. 24 Refusal of building permit S. 24(1) amended by No. 66/2004 s. 5(1). (1) Subject to section 24A and Division 4, the relevant building surveyor must not issue a building permit unless he or she is satisfied that— (a) the building work and the building permit will comply with this Act and the building regulations; and S. 24(1)(b) amended by No. 28/2000 s. 13(a). (b) any consent of a reporting authority required under this Act or the regulations or under any other Act or regulations is obtained or deemed to have been obtained in accordance with Schedule 2; and
(1) A council must keep a register of all occupancy permits and temporary approvals and amendments given to it under this Division. (2) A council must make the register available for inspection during normal office hours by any person. 75 Keeping of records A council must keep all documents given to it under this Division for the prescribed period and in the prescribed manner. Pt 5A (Headings and ss inserted by No. 85/2000 s. 5, amended by No. 96/2004 ss 3–9, repealed by No. 46/2008 s. 248(3). * * * * * Pt 5B (Headings and ss inserted by No. 85/2000 s. 5, amended by No. 96/2004 ss 10–12, repealed by No. 46/2008 s. 248(3). * * * * *
within the required time is deemed to have agreed to the proposed protection work. S. 85(3) inserted by No. 66/2004 s. 9(3). (3) A notice given under this section must contain the prescribed information. 86 Effect of agreement If the adjoining owner agrees or is deemed to have agreed to the proposed protection work, the owner may proceed to carry out the protection work after obtaining any necessary permits or approvals required by this or any other Act or the building regulations. 87 Effect of disagreement or request for further information (1) On receipt of a notice under section 85(1)(b), the relevant building surveyor must examine the proposal for protection work and determine the appropriateness or otherwise of the work. (2) If the relevant building surveyor considers it appropriate in the case of a notice under section 85(1)(b)(ii), the relevant building surveyor— (a) may ask the owner to give more information before making a determination under subsection (1); and (b) if more information is requested, must make a copy of that information available to the adjoining owner. (3) In determining a matter under this section, the relevant building surveyor may make any inquiries he or she thinks fit but is not required to give any person a hearing.
(1) The relevant council must keep a register of all emergency orders, building notices or building orders given to the council under this Part. (2) The council must make the register available for inspection by any person during normal office hours. Division 1—Immunity S. 127 (Heading) inserted by No. 34/2013 s. 20(1). 127 Immunity for Commissioners, members of public authorities and staff S. 127(1) amended by No. 34/2013 s. 20(2)(a). (1) A Commissioner or a member of a public authority (other than a council) or any person who is appointed or engaged by the Authority or a public authority (other than a council) is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith— (a) in carrying out a function under this Act or the regulations; or (b) in the reasonable belief that the act or omission was in the carrying out of a function under this Act or the regulations. S. 127(2) amended by No. 34/2013 s. 20(2)(b). (2) If a Commissioner or a person appointed or engaged by the Authority does or omits to do anything— (a) negligently in the carrying out of a function under this Act or the regulations; or
(whether or not the occupancy permit is subsequently cancelled or varied); or (b) if an occupancy permit is not issued, the date of issue under Part 4 of the certificate of final inspection of the building work for the construction of the building; construct in relation to a building, means— (a) build, rebuild, erect or re-erect the building; or (b) make alterations to the building; or (c) enlarge or extend the building; or (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
(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. (3) The application may be made by— (a) the owner of a building or land; or (b) the purchaser under a contract of sale of a lot of a kind referred to in section 9AA(1) of the of Land Act 1962; or S. 160(3)(c) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 21.1). (c) a Department Head within the meaning of the Public Administration Act 2004; or (d) a public authority; or (e) a municipal building surveyor. S. 160(4) inserted by No. 5/2011 s. 4. (4) An application must not be made under this section in relation to an access provision of the building regulations within the meaning of section 160B. S. 160A inserted by No. 34/1997 s. 11. 160A Application for determination in respect of building design (1) An application may be made to the Building Appeals Board for a determination that a particular design of a building or an element of a building complies with this Act, the building regulations or any document applied, adopted or incorporated in the building regulations. (2) The application may be made by— (a) the owner of the building or land; or
S. 169A inserted by No. 34/2013 s. 9(2), amended by No. 15/2016 s. 18(3). 169A Police record check on applicant In considering an application for registration, the Authority may arrange for the conduct of a police record check on the applicant. 170 Registration S. 170(1) amended by No. 15/2016 s. 18(1). (1) The Authority must register an applicant in each category or class applied for if it is satisfied that the applicant— (a) has complied with section 169; and (b) either— (i) holds an appropriate prescribed qualification; or S. 170(1)(b)(ii) amended by No. 15/2016 ss 18(3), 20(1). (ii) unless the regulations otherwise provide in relation to a particular category or class, holds a qualification that the Authority considers is, either alone or together with any further certificate, authority, experience or examination equivalent to a prescribed qualification; and S. 170(1)(c) substituted by No. 15/2016 s. 20(2). (c) is a fit and proper person to practise as a building practitioner, having regard to all relevant matters, including the character of the applicant; and (d) has complied with any other condition prescribed for registration in that category or class. S. 170(2) amended by No. 15/2016 s. 18(1). (2) The Authority may refuse to register an applicant if the requirements of subsection (1) are not met.
S. 170(3)(4) repealed by No. 62/1998 s. 8(1). * * * * * S. 170(5) inserted by No. 71/1995 s. 15. (5) In this section qualification means any degree, diploma, certificate, accreditation, authority, training, experience or examination (whether obtained inside or outside ). S. 170A inserted by No. 15/2016 s. 21. 170A Conditions on registration The Authority— (a) must impose on a registration any prescribed conditions; and (b) may impose on a registration any other conditions that the Authority considers appropriate for the registration. 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 eligible to be covered by the required insurance. S. 172(3) amended by No. 15/2016 s. 18(2). (3) The Authority must suspend a person's registration under this Part if the person fails to comply with subsection (2). S. 172(4) substituted by No. 91/1995 s. 145(2), amended by No. 15/2016 s. 18(3). (4) The suspension lasts until the person— (a) pays the appropriate annual fee and any appropriate fee for late payment determined in accordance with guidelines under Division 1 of Part 12; and S. 172(4)(b) amended by No. 15/2016 s. 18(3). (b) gives the Authority written proof that— S. 172(4)(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
(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. Pt 11 Div. 2 (Heading and ss 177–182) amended by Nos 91/1995 ss 148–151, 34/1997 ss 12, 13, 52/1998 s. 311(Sch. 1 items 10.7, 10.8), 26/2001 s. 11(2), 68/2001 s. 10, 36/2002 s. 11, 36/2008 ss 8–11, 9/2012 ss 3, 4, 34/2013 ss 10, 34(Sch. 1 items 21–24), 15/2016 s. substituted as Pt 11 Div. 2 (Heading and ss 177–177D) by No. 15/2016 s. 25. Division 2—Codes of conduct for building practitioners New s. 177 inserted by No. 15/2016 s. 25. 177 Authority may approve codes of conduct for building practitioners (1) The Authority may approve codes of conduct for building practitioners in accordance with this Division. (2) A code of conduct may make different provision for different categories or classes of building practitioners.
purported appointment in contravention of section 78(1B); (l) the practitioner has not completed the relevant prescribed continuing professional development requirements (if any); (m) the practitioner has not paid a fee or other amount required to be paid under— (i) this Act or the regulations; or (ii) the Domestic Building Contracts Act 1995 or the regulations under that Act; or (iii) a prescribed Act or law; (n) the practitioner has not paid an adjudicated amount due to be paid under the Building and Construction Industry Security of Payment Act 2002 and— (i) the period for making an adjudication review application under that Act in relation to that amount has expired; and (ii) the practitioner has not made an adjudication review application in relation to that amount within that period; (o) a ground for immediate suspension exists in relation to the practitioner. (2) The Authority may make inquiries to determine whether a ground exists for taking disciplinary action under this Part. S. 179(3) inserted by No. 15/2016 s. 63(2). (3) Without limiting its powers to consider information, the Authority may have regard to a report of an assessor under section 48R of the Domestic Building Contracts Act 1995 where relevant to any matter being dealt with under this Division.
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 (d) the circumstances in which a municipal building surveyor or private building surveyor should, in preparing a building notice or building order, seek assistance from the Chief Fire Officer of the Metropolitan Fire Brigades under the Metropolitan Fire Brigades Act 1958, the Chief Officer under the Country Fire Authority Act 1958 or any public authority. (2) Guidelines relating to fees— (a) may specify the fees or specify maximum or minimum fees; and (b) may specify different fees for different classes of cases. S. 188(2A) inserted by No. 91/1995 s. 152, amended by No. 52/1998 s. 311(Sch. 1 item 10.9). (2A) Guidelines relating to the fees chargeable under Part 11 in respect of domestic builders may take into account the costs and expenses incurred in the administration and enforcement of the Contracts Act 1995 and the regulations under that Act. (3) The guidelines must be published in the Government Gazette. (4) A council or private building surveyor, in determining fees for applications for permits, may have regard to the guidelines under subsection (1)(a) about those fees. S. 188(5) amended by No. 15/2016 s. 18(1). (5) The Authority, in determining fees under Division 1 of Part 11, must have regard to the guidelines under subsection (1)(a) about those fees.
member of a statutory superannuation scheme within the meaning of the Superannuation (Public Sector) Act 1992, continues to be a member of that superannuation scheme subject to the Act under which the scheme was created. Subdivision 3—Victorian Building Authority Fund S. 205 substituted by No. 34/2013 s. 4. 205 Establishment and structure (1) The Authority must establish and administer a fund to be known as the Victorian Building Authority Fund. (2) The Victorian Building Authority Fund is to be divided into— (a) the Building account; and (b) the Plumbing account. (3) The Building account is to be divided into the following accounts— (a) building general account; (b) building permit levy account; (c) domestic building account; (d) domestic building dispute account. S. 205A inserted by No. 34/2013 s. 4. 205A Payments into Building account (1) There must be paid into the Building account— (a) all money received or recovered by or on behalf of or paid to the Minister under this Act and the regulations; and (b) all money received or recovered by or on behalf of, or paid to, the Authority under this Act and the regulations or under any other Act or regulations (other than money
The function of the Building Advisory Council is to advise the Minister on any of the following— S. 208(a) substituted by No. 75/1998 s. 4(2). (a) the administration of this Act and the regulations, other than Part 12A and the regulations made under that Part; (b) the impact on the building regulations system established by this Act of regulations made under any other Act; (c) issues relating to the building permit levy; (d) any matter referred to it by the Minister. Division 4—The Building Regulations Advisory Committee 209 Establishment of Committee There is established by this Act a Committee to be called the Building Regulations Advisory Committee. 210 Membership and procedure (1) The members of the Building Regulations Advisory Committee are to be appointed by the Minister. (2) Of those members— S. 210(2)(a) substituted by No. 34/2013 s. 22(3). (a) one is to be the Chief Commissioner or a Commissioner nominated by the Chief Commissioner, who is to be chairperson of the Committee; S. 210(2)(b) amended by No. 101/1994 s. 64. (b) one is to be nominated by the Minister administering Part 4 of the Project Development and Construction Management Act 1994; (c) one is to be nominated by the Minister administering the Country Fire Authority Act 1958 and the Minister administering the Metropolitan Fire Brigades Act 1958;
(d) one is to be nominated by the Melbourne City Council and is to be a person who, in the Minister's opinion, has experience in matters provided for by this Act or the regulations; (e) one is to be chosen from a list of 3 names submitted by the Royal Australian Institute of Architects, Victorian Chapter; (f) one is to be chosen from a list of 3 names submitted by the Institution of Engineers, , Victoria Division; (g) one is to be chosen from a list of 3 names submitted by the Master Builders Association of Victoria; S. 210(2)(h) amended by No. 34/1997 s. 30(a). (h) one is to be chosen from a list of 3 names submitted by the Housing Industry Association, Victoria/Tasmania Division; S. 210(2)(i) amended by No. 34/1997 s. 18. (i) one is to be chosen from a list of 3 names submitted by the Property Council of Australia, Victoria Division; (j) one is to be chosen from a list of 3 names submitted by the Municipal Association of Victoria; (k) two are to be chosen from a list of 6 names submitted by the Australian Institute of Building Surveyors, Victorian Chapter; S. 210(2)(l) inserted by No. 71/1995 s. 19(1), amended by No. 68/2001 s. 8(4)(a). (l) 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;
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;
S. 221F(1) amended by Nos 31/2007 s. 5, 33/2010 s. 34, 34/2013 s. 34(Sch. 1 item 34). (1) A person must not carry out any class or type of specialised plumbing work unless he or she is licensed or registered by the Authority to carry out that class or type of work. 500 penalty units. S. 221F(2) inserted by No. 99/1997 s. 121(3). (2) 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 which is specialised plumbing work may carry out that work without being licensed by the Board to carry out that class or type of work. S. 221FA inserted by No. 31/2007 s. 6, amended by No. 33/2010 s. 35. 221FA Plumbing work must comply with this Part and regulations A licensed plumber or a registered plumber must not carry out any plumbing work or specialised plumbing work that does not comply with this Part or the regulations made under this Part. 500 penalty units. S. 221G inserted by No. 39/1996 s. 5. 221G Obligations on licensed plumbers concerning their agents (1) A licensed plumber must not permit a person to carry out on his or her behalf, or direct a person to carry out, any plumbing work or specialised plumbing work— (a) that is of a class or type in respect of which the person is not licensed or registered under this Part; or
S. 221P inserted by No. 39/1996 s. 5. 221P Provisional registration S. 221P(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 41). (1) The Authority may provisionally register a person to carry out a particular class of plumbing work or specialised plumbing work if— (a) the person applies for provisional registration in accordance with section 221T and he or she— (i) is training to be qualified to carry out that class of work; and (ii) is a licensed or registered plumber with respect to another class of plumbing work; or S. 221P(1)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 41). (b) the Authority is satisfied that the person— (i) has sufficient knowledge and experience to carry out that class of work competently and safely; or S. 221P(1) (b)(ii) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 41). (ii) will be able to carry out that work competently and safely if the person complies with the conditions that the Authority imposes on the registration. 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. 221Q(2) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(1), 34/2013 s. 34(Sch. 1 item 42). (2) On receiving any restricted licence fee required by the regulations, the Registrar must give each person who is licensed by the Authority 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 Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 43). (1) The Authority 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. 221R(1)(b) substituted by No. 99/1997 s. 121(4). (b) it is satisfied that the person— (i) has sufficient knowledge and experience to carry out that work competently and safely; or (ii) is authorised under an accepted safety case under the Gas Safety Act 1997 to carry out that work. S. 221R(2) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(5), 34/2013 s. 34(Sch. 1 item 43). (2) On receiving any restricted registration fee required by the regulations, the Registrar must give each person who is registered by the Authority under this section a registration document as evidence that the person is registered to carry out a particular type of work and must ensure that the word "restricted" is prominently displayed on the registration document and that the registration document states what work the holder of the registration document may carry out.
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. 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. 221ZD(2) (e)(iv) amended by No. 21/2012 s. 239(Sch. 6 item 5.4). (iv) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of the Australian Consumer Law (Victoria); S. 221ZD(2) (e)(v) inserted by No. 21/2012 s. 239(Sch. 6 item 5.5). (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. 221ZD(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59). (3) Despite subsection (1), the Authority must refuse to renew the licence or registration of 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). (4) Subsections (2) and (3) apply regardless of where the conviction, suspension, cancellation, insolvency or disqualification occurred. S. 221ZD(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59). (5) Despite subsection (1), before renewing the licence or registration of a person, the Authority may require the person to pass to its satisfaction any examination specified by the Authority that relates to his or her competency 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 Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59). (6) However, the Authority 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. 221ZH(6) inserted by No. 96/2004 s. 15. (6) If a licensed plumber gives a person a signed compliance certificate, but fails to do so within 5 days after the completion of the relevant work, or fails to comply with subsection (2)(b), the failure to comply with subsection (2) does not affect the validity of the certificate. S. 221ZH(6A) inserted by No. 36/2008 s. 21(4). (6A) If a licensed plumber gives a person a signed compliance certificate, but fails to do so within 5 days after the service of a notice under subsection (2A), or fails to comply with subsection (2B)(b), the failure to comply with subsection (2B) does not affect the validity of the certificate. S. 221ZH(7) inserted by No. 96/2004 s. 15. (7) Subsection (6) applies regardless of whether the compliance certificate was given before, on or after the day subsection (6) took effect. S. 221ZI inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 11(2) (ILA s. 39B(1)). 221ZI Details that must appear on a compliance certificate S. 221ZI(1) amended by No. 33/2010 s. 42. (1) A licensed plumber must not sign a compliance certificate in relation to any plumbing work unless the certificate— (a) describes the work; and S. 221ZI(1)(b) substituted by No. 75/1998 s. 11(1). (b) states— (i) that he or she carried out the work, or that the work was carried out under his or her supervision; or S. 221ZI (1)(b)(ii) amended by No. 36/2008 s. 22. (ii) if he or she completed work that had been started by another licensed plumber and in respect of which a compliance certificate has not been given to the person for whom that work was carried out, that he or she—
(8) A reference to a licensed plumber in subsections (1) to (5) includes a reference to any person duly authorised by a licensed plumber under subsection (6). S. 221ZO inserted by No. 39/1996 s. 5, amended by No. 96/2004 s. 19(1)(b). 221ZO Further obligation for compliance certificates for sanitary drains (1) This section applies if a licensed plumber constructs, installs or alters any sanitary drain. S. 221ZO(2) amended by No. 33/2010 s. 43. (2) If required by a water authority to give the authority a plan of the sanitary drain as it appears after the work is completed, the licensed plumber must— S. 221ZO(2)(a) amended by No. 96/2004 s. 19(1)(a). (a) give the plan to the authority before the compliance certificate is signed; and (b) indicate on the compliance certificate that the plan has been given to the authority. 120 penalty units. Division 5—Provisions applying to particular plumbing work S. 221ZP inserted by No. 39/1996 s. 5. 221ZP Sanitary drainage and other work must be made available for inspection before being covered (1) This section applies if a licensed plumber— (a) constructs, installs or alters any below ground sanitary drain or associated gullies, or supervises any such work; or (b) carries out any other plumbing work that the regulations state is work to which this section applies.
S. 221ZZN(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83). (5) Each party to the dispute is bound by the declaration of the Authority and must give effect to the declaration once the declaration takes effect. S. 221ZZN(6) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83). (6) Each person who was given an opportunity to be heard by the Authority is a party to the dispute for the purposes of subsection (5). S. 221ZZN(7) amended by Nos 52/1998 s. 311(Sch. 1 item 10.11), 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83). (7) An application to the Victorian Civil and Administrative Tribunal for the review of a declaration of the Authority must be made by the end of the 5th business day after each party to the dispute has received a copy of the declaration. S. 221ZZN(8) amended by No. 28/2000 s. 20(c). (8) A declaration takes effect— (a) at the start of the 6th business day after each party to the dispute has received a copy of it; or (b) if an application to review it has been lodged, on the application being abandoned or on the Victorian Civil and Administrative Tribunal dismissing the application or affirming the declaration. S. 221ZZN(9) amended by Nos 75/1998 s. 5(b), 28/2000 s. 20(c), 34/2013 s. 34(Sch. 1 item 83). (9) If a person applies to the Victorian Civil and Administrative Tribunal for the review of a declaration, the Authority must give the person its written reasons for the declaration as soon as possible after the application is lodged.
(5) An application for a declaration must be accompanied by the fee set out in the regulations. (6) For the purposes of this Part, any plumbing work that is the subject of a declaration complies with the plumbing regulations if it complies with those regulations as modified by the declaration. S. 221ZZP (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 85). S. 221ZZP inserted by No. 39/1996 s. 5. 221ZZP Matters Authority must consider before making a modification declaration S. 221ZZP(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 86). (1) The Authority may only declare that a provision of the plumbing regulations does not apply to specified plumbing work if it is satisfied that the provision is inappropriate in the particular circumstances. S. 221ZZP(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 86). (2) The Authority may only declare that a provision of the plumbing regulations applies with the variations specified by the Authority to specified plumbing work if it is satisfied that it is reasonable to do so and is not detrimental to the public interest. S. 221ZZP(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 86). (3) In making a declaration under section 221ZZO, the Authority may impose any conditions that it thinks appropriate in relation to how the declaration is to be given effect to.
(b) enter any other building or land at any reasonable time. S. 221ZZZA(1A) inserted by No. 31/2007 s. 13(2). (1A) A compliance auditor must, before obtaining a consent under subsection (1)(a)(ii), inform the occupier of the residence or land of the compliance auditor's reason for entering the residence or land. S. 221ZZZA(2) inserted by No. 34/1997 s. 22(1), substituted by No. 31/2007 s. 13(3). (2) A compliance auditor must give the occupier (if any) of a building or land not less than 24 hours notice, or such other notice as may be agreed with the occupier, before the compliance auditor enters the building or land under subsection (1)(a)(i) or (1)(b). (3) A compliance auditor may— (a) require a person who is, or was, a licensed plumber to produce any document that relates to any work that the auditor is examining; and (b) make copies of any document that relates to any work that the auditor is examining; and (c) require a person who is, or was, a licensed plumber to supply any other information or document that relates to any work or compliance certificate that the auditor is examining; and S. 221ZZZA (3)(d) amended by Nos 75/1998 ss 5(b), 15(1), 34/2013 s. 34(Sch. 1 item 89). (d) report to the Authority, or a person authorised by the Authority, the results of any examination he or she conducts; and S. 221ZZZA (3)(e) inserted by No. 75/1998 s. 15(1). (e) require a person who is, or was, a licensed plumber to attend any inspection of any work that the auditor is examining that was carried out or supervised by the person.
(b) if the person is licensed or registered under this Part— (i) impose new conditions on, or vary the existing conditions of, the licence or registration; (ii) suspend the licence or registration for a period of up to 12 months; (iii) cancel the licence or registration immediately or with effect from a specified later date; (c) if the person is licensed or registered under this Part, require the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction; (d) disqualify the person from being licensed or registered for a specified period of up to 3 years; (e) order the person to pay the costs of the inquiry (including incidental costs); S. 221ZZZJ (1)(f) amended by No. 75/1998 s. 5(b), substituted by No. 36/2008 s. 24(1), amended by No. 34/2013 s. 34(Sch. 1 item 96). (f) order the person to pay the Authority a penalty 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;
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). (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; S. 221ZZZP (1)(c) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105). (c) any disciplinary action taken against the person by the Authority (including any action taken under section 221ZV(4)); S. 221ZZZP (1)(d) repealed by No. 52/1998 s. 311(Sch. 1 item 10.12(b)). * * * * *
S. 221ZZZP(2) inserted by No. 52/1998 s. 311(Sch. 1 item 10.13), amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105). (2) A party to a dispute under section 221ZZN may apply to the Victorian Civil and Administrative Tribunal for review of a declaration of the Authority under that section. S. 221ZZZP(3) inserted by No. 52/1998 s. 311(Sch. 1 item 10.13), amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105). (3) A person may apply to the Victorian Civil and Administrative Tribunal for review of a declaration of the Authority under section 221ZZO. S. 221ZZZQ inserted by No. 39/1996 s. 5, repealed by No. 52/1998 s. 311(Sch. 1 item 10.14). * * * * *
S. 221ZZZW inserted by No. 39/1996 s. 5, repealed by No. 39/1996 s. 29, new s. 221ZZZW inserted by No. 31/2007 s. 18. 221ZZZW Incorporation by reference of Plumbing Code of or other document by regulations Any regulation made under this Part may apply, adopt or incorporate, either wholly or in part and with or without any modification, any matter contained in the Plumbing Code of Australia or any other document— (a) as in force or as issued, published or made at a particular time; or (b) as in force or as issued, published or remade from time to time. Division 1—Powers of Minister in relation to councils 222 Order of Minister If, after due inquiry, the Minister considers that a council or municipal building surveyor has not satisfactorily carried out any function given to the council or building surveyor under this Act or the regulations, the Minister may, by order, direct the council— (a) to carry out the function within a specified time; or (b) to cause the building surveyor to carry out the function within a specified time, as the case requires. 223 Hearing of council
S. 261(1)(ka) inserted by No. 85/2000 s. 13(1), repealed by No. 46/2008 s. 248(9). * * * * * S. 261(1)(l) amended by No. 71/1995 s. 23(1)(c). (l) fees payable for applications, inspections, referrals, requests, appeals and lodgement of documents under this Act and for other services provided and work done by persons and bodies under this Act and the regulations; S. 261(1)(la) inserted by No. 28/2000 s. 16, substituted by No. 68/2001 s. 13(1)(a), amended by No. 66/2004 s. 19(1)(d). (la) maximum fees payable for consideration by reporting authorities of applications for permits referred to them under this Act or the regulations for consent and report; (m) the procedure for making applications, referrals, requests and appeals under this Act or the regulations; (n) the giving of copies of documents to specified persons and bodies and the manner and form in which copies of documents may be given under this Act or the regulations; S. 261(1)(o) amended by No. 68/2001 s. 3(3), substituted by No. 34/2013 s. 34(Sch. 1 item 114), amended by No. 15/2016 s. 18(16). (o) the procedures of the Authority, the Building Advisory Council, the Plumbing Advisory Council and the Building Regulations Advisory Committee; S. 261(1)(oa) inserted by No. 34/2013 s. 34(Sch. 1 item 114). (oa) the proceedings of the Building Appeals Board;
(1) The relevant building surveyor must consider any report of a reporting authority supplied under this Schedule before deciding the relevant application for a permit. (2) In deciding an application, the relevant building surveyor must implement the recommendations of a prescribed reporting authority in relation to a prescribed matter. (3) Except as provided in subclause (2), the relevant building surveyor is not required to implement any of the recommendations in a report by a reporting authority. Sch. 2 cl. 7(4) inserted by No. 28/2000 s. 19. (4) For the purposes of subclause (2) and without limiting that subclause— (a) a responsible authority under the Planning and Environment Act 1987 is a prescribed reporting authority; and (b) a demolition to which section 29A applies is a prescribed matter. Part 1—Membership Parts 10, 11 and 12 1 Term of Appointment (1) Subject to this clause, a member of a Board holds office for a period, not exceeding 3 years, specified in the instrument of his or her appointment. (2) A member of a Board is eligible for reappointment. (3) The instrument of appointment of a member of a Board may specify terms and conditions of
Assent Date: 16.12.97 Commencement Date: S. 121 on 1.2.99: Government Gazette 21.1.99 p. 80 : This information relates only to the provision/s amending the Building Act 1993 Residential Tenancies Act 1997, No. 109/1997 Assent Date: 23.12.97 Commencement Date: S. 533(Sch. 2 item 1.1) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Building Act 1993 Building (Amendment) Act 1998, No. 18/1998 Assent Date: 5.5.98 Commencement Date: Ss 3–9 on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 2; ss 10, 11 on 1.7.99: s. 2(3) : This information relates only to the provision/s amending the Building Act 1993 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Building Act 1993 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 10) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Building Act 1993 Mutual Recognition () Act 1998, No. 62/1998 Assent Date: 27.10.98 Commencement Date: S. 8(1) on 27.10.98: s. 2(1) : This information relates only to the provision/s amending the Building Act 1993 Building (Plumbing) Act 1998, No. 75/1998 (as amended by No. 74/2000) Assent Date: 10.11.98 Commencement Date: Ss 3–5, 7–20 on 1.1.99: Government Gazette 17.12.98 p. 3053; s. 6 on 1.7.99: Government Gazette 3.6.99 p. 1256 : This information relates only to the provision/s amending the Building Act 1993 Transfer of Land (Single Register) Act 1998, No. 85/1998