(h) a person responsible for a building project or any stage of a building project and who belongs to a class or category of people prescribed to be building practitioners— but does not include— (i) an architect; or (j) a person (other than a domestic builder) who does not carry on the business of building; or * * * * * s. 3 Building Regulations Advisory Committee means the Building Regulations Advisory Committee under Part 12; building regulations means regulations made under Part 2; building work means work for or in connection with the construction, demolition or removal of a building; S. 3(1) def. of business day inserted by No. 39/1996 s. 3. business day means a day that is not— (a) a Saturday or Sunday; or (b) a day that is wholly or partly observed as a public holiday throughout ; S. 3(1) def. of certificate of consent inserted by No. 66/2004 s. 3(1). certificate of consent means a certificate of consent under Division 3A of Part 3; S. 3(1) def. of chief officer inserted by No. 66/2004 s. 3(1). chief officer means— (a) in relation to the metropolitan fire district under the Metropolitan Fire Brigades Act 1958, the Chief Officer of the Metropolitan Fire and Emergency Services; and
(3) The relevant building surveyor is deemed to have refused a request under this section if he or she has not decided the request within the prescribed time. 117 Duration of order A building order remains in force, and, if amended, remains in force as amended, until— (a) it is complied with; or (b) it is cancelled by the relevant building surveyor or the Building Appeals Board. Division 3—General 118 Contravention of emergency order or building order S. 118(1) amended by No. 33/2010 s. 24. (1) A person to whom an emergency order or building order is directed must comply with that order. 500 penalty units, in the case of a natural person. 2500 penalty units, in the case of a body corporate. S. 118(2) amended by No. 33/2010 s. 24. (2) A person must not occupy a building, land or place in contravention of an emergency order or building order. 500 penalty units, in the case of a natural person. 2500 penalty units, in the case of a body corporate. S. 118(3) amended by No. 68/2009 s. 97(Sch. item 13). (3) It is a sufficient defence to a prosecution under this section in relation to a public entertainment if the accused satisfies the court that he or she was unaware and ought not reasonably to have been
S. 134A inserted by No. 39/1996 s. 6. 134A Limitation on time when plumbing action may be brought Despite anything to the contrary in the Limitation of Actions Act 1958 or in any other Act or law, if a compliance certificate is issued in respect of plumbing work under Part 12A, an action (including a counter-claim) for damages for loss or damage arising out of or concerning any defects in the work cannot be brought more than 10 years after the date of issue of the certificate. Division 3—Insurance S. 135 substituted by No. 91/1995 s. 139. 135 Order requiring insurance s. 134A (1) The Minister may, by order published in the Government Gazette— (a) require building practitioners in specified categories or classes of building practitioners or any part of a class or category of building practitioners to be covered by insurance; and (b) require specified classes of persons to whom section 137B or 137D applies to be covered by insurance for the purposes of that section; and (c) specify the kinds and amount of insurance by which building practitioners and persons in each specified category or class or part of a category or class are required to be covered. S. 135(2) amended by No. 36/2002 s. 9(1). (2) An order under subsection (1) or subsection (4) must state the date of taking effect of the order which must not be earlier than one month after the date of publication of the order in the Government Gazette.
S. 137A(3) inserted by No. 26/2001 s. 9(1). (3) A builder who holds a HIH policy within the meaning of Part 6 of the House Contracts Guarantee Act 1987 is deemed for the purposes of sections 136(2) and 137 to be covered by the required insurance in relation to any building work to which the indemnity under Part 6 of the House Contracts Guarantee Act 1987 applies. S. 137A(3) inserted by No. 17/1999 s. 22(2), renumbered as s. 137A(4) by No. 11/2002 s. 3(Sch. 1 item 6.2), substituted by No. 72/2010 s. 48(Sch. item 2(2)). (4) A reference— (a) in any order made under section 135; or (b) in any instrument or agreement which is required insurance— to "section 9, 11 or 12 of the Fair Trading Act 1999" is, to the extent that it relates to any period on or after the commencement of section 8 of the Fair Trading Amendment (Australian Consumer Law) Act 2010, taken to include a reference to "section 18, 29, 34 or 151 of the Australian Consumer Law (Victoria)". S. 137B inserted by No. 91/1995 s. 142. 137B Offence for owner-builder to sell building without report or insurance s. 137B (1) This section does not apply to— (a) the construction of a building (other than a home) by— (i) a registered building practitioner; or (ii) an architect registered under the Architects Act 1991; or (b) except as provided in subsection (5), the construction of a home under a major domestic building contract; or S. 137B(1)(c) substituted by No. 52/1998 s. 311(Sch. 1 item 10.5). (c) a building that is exempted from the operation of this section by the Victorian Civil and Administrative Tribunal under the Domestic Building Contracts Act 1995; or
terminated or varied, a reporting authority or council (as the case requires) must— (a) lodge a copy of the agreement or variation with the Building Appeals Board or give notice of the termination to the Board; and S. 165(1)(b) substituted by No. 85/1998 s. 24(Sch. item 6.2). (b) apply in a form approved by the Registrar of Titles to have a recording of the agreement or the variation or termination of the agreement made in the Register. S. 165(1)(c) repealed by No. 85/1998 s. 24(Sch. item 6.2). * * * * * (2) On an application under this section, the Registrar of Titles must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the application and may dispense with the production of any relevant certificate of title or other instrument. S. 165(3) amended by No. 85/1998 s. 24(Sch. item 6.3). (3) Once an agreement is recorded in the Register under the Transfer of Land Act 1958— (a) the burden of any covenant in the agreement (whether positive or negative) runs with the land, even though there may be no land benefited by the covenant; and (b) any covenant in the agreement may be enforced as a restrictive covenant and binds the owner of the land and the owner's successors in title. S. 165(4) inserted by No. 85/1998 s. 24(Sch. item 6.4). (4) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant in an agreement entered into under section 163 or 164 and registered under the Property Law Act 1958 and
existing immediately before the commencement of that section 24. Division 6—The Building Appeals Board 166 Establishment and membership of Building Appeals Board (1) There is established by this Act a Board to be called the Building Appeals Board. (2) The members of the Building Appeals Board are to be appointed by the Governor in Council on the Minister's recommendation. (3) The Building Appeals Board is to consist of— (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. 166 (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.
(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 (d) be accompanied by the appropriate fee determined in accordance with the guidelines under Division 1 of Part 12; and S. 169(2)(e) substituted by No. 91/1995 s. 144. (e) if, under Part 9 the applicant is required to be covered by insurance, include proof that— (i) the applicant is covered by the required insurance; or (ii) to the extent that a builder is engaged in domestic building work, the applicant is eligible to be covered by the required insurance. S. 169(2A) inserted by No. 36/2008 s. 5(2). (2A) An application for registration as a building surveyor must specify one of the following classes of registration— (a) building surveyor (unlimited); (b) building surveyor (limited). (3) The Board may ask the applicant 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. 170 Registration s. 170 (1) The Building Practitioners Board 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—
S. 181 amended by No. 34/1997 s. 13. 181 Costs s. 180A If on an inquiry the Building Practitioners Board makes a finding favourable to a registered building practitioner, it may pay that practitioner's reasonable costs of and incidental to the inquiry. 182 Decisions (1) Without delay after the Building Practitioners Board makes a decision on an inquiry, the Registrar must give written notice of the decision to— (a) the registered building practitioner who is the subject of the inquiry; and (b) the Commission, if it referred the matter to the Board; and S. 182(1)(ba) inserted by No. 91/1995 s. 151, substituted by No. 52/1998 s. 311(Sch. 1 item 10.8). (ba) the Victorian Civil and Administrative Tribunal, if it referred the matter to the Board; and S. 182(1)(bb) inserted by No. 91/1995 s. 151. (bb) an insurer, if the insurer referred the matter to the Board; and (c) any person who requested the Board to hold the inquiry. (2) Any amount which the Board requires a registered building practitioner to pay by way of costs or a fine under this Division may be recovered as a debt due to the Board in any court of competent jurisdiction. s. 182 (3) If the Board is aware that a registered building practitioner is a member of a professional association or is employed by a particular person, the Board must cause notice of any decision
S. 221B(1) def of plumbing laws amended by No. 99/1997 s. 121(1). plumbing laws means any provision in any of the following that regulates the carrying out of plumbing work— (a) this Part; and (b) the Gas Safety Act 1997; and (c) the Water Act 1989 and the Water Industry Act 1994; and (d) any regulations made under this Part or any Act listed in paragraph (b) or (c); 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; S. 221B(1) def. of registered plumber amended by No. 75/1998 s. 5(a)(iii). registered plumber means a person who is registered by the Plumbing Industry Commission under section 221O, 221P or 221R to carry out a particular class or type of plumbing work and includes a person who is temporarily registered to carry out that work under section 221W, but does not include a person whose registration is suspended; S. 221B(1) def. of Registrar substituted by No. 75/1998 s. 5(a)(iv). Registrar means any person appointed or employed to be the Registrar of the Commission under section 221ZZX; required insurance means the insurance required by an order made under section 221ZQ;
S. 221K inserted by No. 39/1996 s. 5. 221K Person must not use the title "gasfitter" unless licensed or registered S. 221K(1) amended by No. 33/2010 s. 38. (1) A person must not use or take the title "gasfitter" in any context relating to the plumbing industry unless the person is authorised to carry out gasfitting work under this Part. 120 penalty units. S. 221K(2) amended by No. 33/2010 s. 38. (2) A person must not use or take the title "licensed gasfitter" unless he or she is licensed to carry out gasfitting work under this Part. 120 penalty units. S. 221K(3) amended by No. 33/2010 s. 38. (3) A person must not use or take the title "registered gasfitter" unless he or she is registered to carry out gasfitting work under this Part. 120 penalty units. S. 221L inserted by No. 39/1996 s. 5. 221L Exceptions to sections 221I–221K s. 221K (1) Sections 221I, 221J and 221K do not apply to— S. 221L(1)(a) amended by No. 75/1998 s. 5(b). (a) an organisation or member of staff of an organisation for the time being exempted from this section by the Commission ; or (b) the use of a title by a person who is authorised to use that title outside Victoria by a person or body regulating plumbing work if it is made clear in the use of the title that it does not relate to Victoria. (2) Sections 221I, 221J and 221K do not apply to the use of a title referred to in those sections by any business that carries out plumbing work or specialised plumbing work so long as— (a) at least one partner, director or employee of the business is entitled to use that title; or
(c) the person pays the endorsement fee set out in the regulations. S. 221N(3) amended by No. 75/1998 s. 5(b). (3) The Commission may license an eligible person to carry out 2 or more particular classes of specialised plumbing work. S. 221N(4) amended by No. 75/1998 s. 5(b). (4) If the Commission licenses a person to carry out a particular class of specialised plumbing work, the Registrar must endorse the licence issued to the person in respect of his or her licensing under section 221M with a statement to the effect that the person is also licensed to carry out that class of specialised plumbing work. S. 221O inserted by No. 39/1996 s. 5. 221O Registration as a plumber s. 221O (1) To be able to be registered to carry out a particular class of plumbing work, a person must either— (a) have the relevant qualifications and experience required by the regulations; or S. 221O(1)(b) amended by No. 75/1998 s. 5(b). (b) satisfy the Commission that he or she has knowledge and competence at least equal to that that a person who has the qualifications and experience required by the regulations would have. S. 221O(2) amended by No. 75/1998 s. 5(b). (2) The Commission must register a person to carry out a particular class of plumbing work if— (a) the person applies for registration in accordance with section 221T; and (b) it is satisfied that the person meets one or other of the requirements listed in subsection (1); and (c) the person pays the registration fee set out in the regulations. S. 221O(3) amended by No. 75/1998 s. 5(b). (3) The Commission may register an eligible person with respect to 2 or more particular classes of plumbing work.
(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 (iv) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of the Australian Consumer Law (Victoria). S. 221S(2) amended by Nos 75/1998 s. 5(b), 31/2007 s. 8. (2) Despite sections 221M(2), 221N(2), 221O(2) and 221OA(2), the Commission 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. 221T S. 221T(1) amended by No. 75/1998 s. 5(b). (1) A natural person may apply to the Commission to be licensed or registered under this Part. (2) The application must— S. 221T(2)(a) amended by No. 75/1998 s. 5(b). (a) be in the form required by the Commission; and
to carry out the class of plumbing work or specialised plumbing work in respect of which he or she is licensed or registered. S. 221ZD(6) amended by No. 75/1998 s. 5(b). (6) However, the Commission may only require a person to pass such an examination if it imposes the same requirement on every member of a specified class of people applying for the renewal of their licences or registrations, and the person is a member of that class. S. 221ZD(7) amended by No. 75/1998 s. 5(b). (7) On receiving the relevant renewal fee set out in the regulations, the Registrar must give each person whose licence or registration has been renewed by the Commission proof in writing of that fact. S. 221ZE inserted by No. 39/1996 s. 5. 221ZE Commission may permit late renewals s. 221ZE S. 221ZE(1) amended by No. 75/1998 s. 5(b). (1) The Commission may renew the licence or registration of a person even though the person did not apply for the renewal within the time required by section 221ZB(1). S. 221ZE(2) amended by No. 75/1998 s. 5(b). (2) However, the Commission may only do this if— (a) the person pays the late renewal fee required by the regulations; and (b) in a case where the licence or registration has expired, it is satisfied that the person did not carry out any plumbing work or specialised plumbing work after the expiry of the person's licence or registration.
S. 221ZF inserted by No. 39/1996 s. 5. 221ZF Information to be given to unsuccessful applicants s. 221ZF S. 221ZF(1) amended by No. 75/1998 s. 5(b). (1) If the Commission refuses to license or register a person or to renew a person's licence or registration, the Commission must notify the person in writing of the refusal as soon as possible after the refusal. S. 221ZF(2) amended by No. 28/2000 s. 20(a). (2) The notice of refusal must set out the Commission'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 (b) for any purpose permitted by this Act. S. 221ZFA(2) amended by No. 36/2008 s. 18(6)(b). (2) A person who holds a licence or registration document must return it to the Registrar as soon as is practicable after being asked to do so by the Registrar under subsection (1). 10 penalty units.
S. 221ZH inserted by No. 39/1996 s. 5. 221ZH Compliance certificate must be given for most plumbing work s. 221ZH (1) This section only applies to the following plumbing work— (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 accepted safety case under the Gas Safety Act 1997); and S. 221ZH(1)(c) amended by No. 85/2000 s. 9. (c) the construction, installation or alteration of any below ground sanitary drain or associated gullies; and S. 221ZH(1)(d) inserted by No. 85/2000 s. 9. (d) the construction, installation, alteration, relocation or replacement of a cooling tower or of any other part of a cooling tower system (including the installation or replacement of any associated device or equipment). S. 221ZH(2) amended by No. 33/2010 s. 41. (2) Within 5 days of the completion of any plumbing work to which this section applies that he or she has carried out or supervised, a licensed plumber must—
(4) The person applying for the declaration must— (a) identify the plumbing work for which the application is being made; and (b) specify in what way the person would like the plumbing regulations modified with respect to that work. (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 inserted by No. 39/1996 s. 5. 221ZZP Matters Commission must consider before making a modification declaration s. 221ZZP S. 221ZZP(1) amended by No. 75/1998 s. 5(b). (1) The Commission 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 No. 75/1998 s. 5(b). (2) The Commission may only declare that a provision of the plumbing regulations applies with the variations specified by the Commission 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 No. 75/1998 s. 5(b). (3) In making a declaration under section 221ZZO, the Commission may impose any conditions that it thinks appropriate in relation to how the declaration is to be given effect to. S. 221ZZQ inserted by No. 39/1996 s. 5. 221ZZQ Procedure applying to hearings under this Part (1) Subject to anything to the contrary in this Part, clauses 12, 15, 16, 17, 18(1) and 19 of Schedule 3 apply to the hearing of a dispute under
(b) as many people as are required to enable it to carry out its functions. Pt 12A Div. 9A (Heading and ss inserted by No. 75/1998 s. 3. Division 9A—The Plumbing Industry Advisory Council S. 221ZZXA inserted by No. 75/1998 s. 3. 221ZZXA Establishment of Council There is established a Plumbing Industry Advisory Council. S. 221ZZXB inserted by No. 75/1998 s. 3. 221ZZXB Constitution (1) The Council consists of— (a) a Chairperson, who must be a person who, in the opinion of the Minister, has substantial knowledge of, and experience in, the plumbing industry; and (b) the Plumbing Industry Commissioner; and S. 221ZZXB (1)(c) substituted by No. 68/2001 s. 3(4). (c) the Commissioner of the Building Commission; and (d) a person nominated by the Minister administering the Water Act 1989; and S. 221ZZXB (1)(e) amended by No. 32/2001 s. 25(2). (e) a person nominated by the Minister administering the Gas Safety Act 1997; and s. 221ZZX S. 221ZZXB (1)(f) amended by No. 24/2006 s. 6.1.2(Sch. 7 item 2.2). (f) a person nominated by the Minister administering the Education and Training Reform Act 2006; and (g) a person chosen by the Minister; and
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 s. 221ZZZB (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 No. 75/1998 ss 5(b), 15(1). (d) report to the Commission, or a person authorised by the Commission, 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. 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. 221ZZZJ inserted by No. 39/1996 s. 5. 221ZZZJ Disciplinary powers of the Commission s. 221ZZZJ S. 221ZZZJ(1) amended by No. 75/1998 s. 5(b). (1) At the end of an inquiry, if the Commission is satisfied that proper cause for taking disciplinary action against a person exists, the Commission may do one or more of the following— (a) reprimand 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). (f) order the person to pay the Commission 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; S. 221ZZZJ (1A) inserted by No. 36/2008 s. 24(2). (1A) If the Commission determines under subsection (1) to suspend or cancel a licence or registration of a person because the person has breached a requirement of this Part, the Commission may suspend the operation of that suspension or cancellation on condition that the person complies with specified conditions. S. 221ZZZJ (1B) inserted by No. 36/2008 s. 24(2). (1B) In making a decision under subsection (1A), the Commission may take into account— s. 221ZZZJ (a) whether the person has any previous conviction for breaching the requirements of this Part; and (b) whether the conduct of the person in breaching the requirements leading to the determination to suspend or cancel the licence or registration was out of character and unlikely to reoccur; and (c) whether there are mitigating circumstances that warrant the decision. S. 221ZZZJ (1C) inserted by No. 36/2008 s. 24(2). (1C) The Commission may revoke the suspension of the suspension or cancellation of a licence or registration and reinstate the original suspension or cancellation if the Commission 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 No. 75/1998 s. 5(b). (2) If the Commission makes an order under this section, the Registrar may give a copy of the order to any person or body who the Registrar thinks should be told of the order. S. 221ZZZK inserted by No. 39/1996 s. 5. 221ZZZK Presumption of suspension for repeated offences concerning compliance notices s. 221ZZZK S. 221ZZZK(1) amended by No. 75/1998 s. 5(b). (1) This section applies if the Commission is satisfied, at the end of an inquiry— (a) that a person has contravened section 221ZH; and (b) that the person has contravened that section on at least 2 separate occasions within the past 3 years. S. 221ZZZK(2) amended by No. 75/1998 s. 5(b). (2) The Commission must suspend the person's licence for a period of up to 3 months unless it is satisfied that there is a good reason for not doing so. S. 221ZZZL inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 5(b). 221ZZZL Commission may revoke cancellation or suspension The Commission may at any time revoke any order it has made under section 221ZZZJ cancelling or suspending a person's licence or registration. S. 221ZZZM inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 5(b). 221ZZZM Commission may compensate victims of unsatisfactory plumbing work If the Commission makes an order under section 221ZZZJ(1)(f), the Commission may pay an amount up to the amount referred to in the order to any person who, in the opinion of the Commission, has suffered loss as a result of any
(i) gasfitting work; and (ii) work on the water supply or sewerage distribution system of a water authority; S. 221ZZZV (1)(ab) inserted by No. 31/2007 s. 17(2). (ab) the accreditation, certification or authorisation of materials or products in relation to plumbing work, including the labelling, marking or testing of those materials or products; S. 221ZZZV (1)(b) amended by Nos 75/1998 s. 5(b), 36/2008 s. 25(a). (b) fees for the purposes of this Part (including fees for examinations or assessments conducted by, or on behalf of, the Commission); (c) prescribing what constitutes specialised plumbing work; S. 221ZZZV (1)(d) substituted by No. 36/2008 s. 25(b). (d) classes of plumbing work, including, where those classes differ from any classes previously specified, transitional provisions setting out how— (i) the new classes relate to the old classes; and s. 221ZZZV (ii) licences and registrations to carry out the old classes translate into licences and registrations to carry out the new classes; (e) the qualifications or experience needed to be eligible to be licensed or registered with respect to a particular class of plumbing work; S. 221ZZZV (1)(ea) inserted by No. 33/2010 s. 48. (ea) prescribing a class or classes of plumbing work or specialised plumbing work required to be eligible to be registered or licensed with respect to a particular class of specialised plumbing work;
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 registered building practitioner to supply any other information or document that relates to any work that the auditor is examining; and (d) report to the Commission, or a person authorised by the Commission, the results of any examination he or she conducts. S. 227D inserted by No. 34/1997 s. 23. 227D Building practitioner must give information to performance auditor s. 227D (1) A person must comply with any requirement made by a performance auditor under section 227C(3)(a) or (c). 50 penalty units. (2) However, a person need not answer any question put to him or her under section 227C(3)(c) if the answer might incriminate him or her. Pt 13 Div. 1B (Heading and s. 227E) inserted by No. 66/2004 s. 16. Division 1B—Inspections of safety and emergency equipment S. 227E inserted by No. 66/2004 s. 16. 227E Powers of inspection of chief officer and municipal building surveyor
(a) to carry out functions or to exercise powers under this Act or the regulations; or (b) in connection with the administration or enforcement of this Act or the regulations; or (c) to give any information the authorised person is authorised, permitted or required to give under this Act or any other Act or the regulations under this Act— give to any other person, whether directly or indirectly, any information gained in the exercise of the powers as an authorised person. 20 penalty units. (2) Subsection (1) does not prevent the giving of information— (a) for the purpose of any legal proceedings arising out of this Act or the regulations, or of any report of those proceedings; or (b) with the consent of the Minister. Division 3—Evidence and notices 235 Evidence of ownership or occupation s. 235 (1) The following is evidence that a person is the owner or occupier of land in any legal proceedings under this Act or the regulations— (a) evidence that the person is liable to be rated in respect of the land; or (b) evidence by a certificate as to any recording in the Register or by a certified reproduction of a registered instrument given under section 114(2) of the Transfer of Land Act 1958 that any person is the registered
S. 237(3) inserted by No. 39/1996 s. 8(3), amended by No. 75/1998 s. 5(g). (3) A document to be served on the Plumbing Industry Commission must be taken to be served if it is served on the Registrar of the Plumbing Industry Commission. 238 Building surveyor may rely on certificate by other registered building practitioner S. 238(1) substituted by No. 18/1998 s. 10. (1) A municipal building surveyor or a private building surveyor, in carrying out a function under this Act or the regulations, may rely on a certificate by a registered building practitioner in a prescribed category or class of practitioners— (a) that proposed building work of a prescribed class complies with any provision of this Act or the regulations; or (b) that building work of a prescribed class complies with any provision of this Act or the regulations. (2) A registered building practitioner must not give a certificate under subsection (1) in respect of building work unless the certificate states that the registered building practitioner has inspected that building work. 239 Certificate of Registrar s. 239 A certificate of the Registrar of the Building Practitioner's Board specifying that a person is or is not registered in the Register of Building Practitioners or the category or class of registration of a person or that a building practitioner's certificate has been issued in respect of a person is evidence and, in the absence of evidence to the contrary, proof of the matters stated in the certificate.
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). (o) the proceedings of the Building Commission, the Building Advisory Council, the Building Appeals Board, the Building Practitioners Board and the Building Regulations Advisory Committee; (p) the circumstances in which refunds are payable out of the Building Administration Fund; s. 261 (q) bonds and guarantees and the circumstances in which refunds are payable in respect of them; (r) requiring or authorising inspections of buildings, building work, places of public entertainment and services, installations and equipment located in or in relation to
classes of materials or products in relation to building work from all or any of the requirements of the building regulations; S. 262(ea) inserted by No. 39/1996 s. 10(b), amended by No. 31/2007 s. 21(c). (ea) may confer power on a compliance auditor or plumbing inspector to exempt any plumbing work or any materials or products or classes of materials or products in relation to plumbing work from all or any of the requirements of regulations made under Part 12A; S. 262(f) amended by No. 66/2004 s. 19(2). (f) may impose penalties not exceeding 20 penalty units for a contravention of the regulations. 263 Transitional provisions s. 263 Schedule 4 has effect. S. 264 repealed by No. 34/1997 s. 30(d), new s. 264 inserted by No. 75/1998 s. 18. 264 Transitional provisions relating to the Building (Plumbing) Act 1998 Schedule 6 has effect. S. 265 inserted by No. 68/2001 s. 14. 265 Transitional—Effect of change to Commission's name (1) The Building Commission is the same body as the Building Control Commission, despite the change to its name by section 3(3) of the Building (Amendment) Act 2001 and no act, matter or thing is to be affected because of that change of name. (2) On and from the commencement of this section, in any Act or in any instrument made under any Act or in any other document of any kind, a reference to the Building Control Commission is deemed to be a reference to the Building Commission, unless the contrary intention appears.
(2) Section 137B(7) as in force immediately before the commencement of section 3 of the Building Amendment Act 2008 continues to apply in relation to a building if the required insurance under section 137B(2) was obtained in respect of that building before that commencement. S. 270 inserted by No. 36/2008 s. 27. 270 Transitional—building surveyors On the commencement of section 5(2) of the Building Amendment Act 2008, any person who was registered under this Act as a building surveyor immediately before that commencement is taken to be registered as a building surveyor (unlimited). __________________ SCHEDULES SCHEDULE 1 Sch. 1 1—REGULATION-MAKING POWERS Part 2 Sch. 1 Pt 1 cl. 1 amended by No. 30/2001 s. 6. 1. Design and siting of buildings including— (a) matters relating to the availability of light to, and the overshadowing of, nearby buildings and allotments; (b) matters relating to privacy and overlooking, in relation to nearby buildings and allotments; (c) matters relating to the height of a building, and the distances from buildings to the boundaries of an allotment or to nearby buildings; (d) matters relating to how much of an allotment may be used for buildings, how much of an allotment
Assent Date: 12.4.11 Commencement Date: 1.5.11: s. 2 Current State: All of Act in operation ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes