2 Commencement s. 2 (1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 March 1995, it comes into operation on that date. 3 Definitions (1) In this Act— appointed day in relation to a class or category of building practitioners, means a day appointed for that class or category under section 6; adjoining occupier means an occupier of an adjoining property; adjoining owner means the owner of an adjoining property; adjoining property means land (including any street, highway, lane, footway, square, alley and right of way) which is so situated in relation to the site on which building work is to be carried out as to be at risk of significant damage from the building work; S. 3(1) def. of approved auditor inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1). * * * * *
decision, in relation to a matter in respect of which an appeal can be made to the Building Appeals Board, includes failure to decide; decision-maker, in relation to a matter in respect of which an appeal can be made to the Building Appeals Board, means the person or body whose decision may be the subject of that appeal; S. 3(1) def. of domestic builder inserted by No. 91/1995 s. 136(b), amended by No. 52/1998 s. 311(Sch. 1 item 10.1). domestic builder means a builder within the meaning of the Contracts Act 1995; s. 3 S. 3(1) def. of domestic building work inserted by No. 91/1995 s. 136(b), amended by No. 52/1998 s. 311(Sch. 1 item 10.1). domestic building work has the same meaning as it has in the Contracts Act 1995; function includes power, authority and duty; S. 3(1) def. of insured architect inserted by No. 35/2004 s. 34(2), insured architect means an architect who is registered under the Architects Act 1991 and who is covered by the required insurance under that Act; S. 3(1) def. of insurer inserted by No. 91/1995 s. 136(c), substituted by No. 52/2005 s. 29. insurer includes the Victorian Managed Insurance Authority established by the Victorian Managed Insurance Authority Act 1996;
regulatory impact statement is prepared in respect of that regulation. 10 Application of new building regulations to building work s. 10 (1) A building regulation or an amendment to a building regulation, does not apply to the carrying out of any building work in accordance with a building permit existing immediately before the building regulation or amendment commences. (2) A building regulation, or an amendment to a building regulation, does not apply to the carrying out of building work if the relevant building surveyor is satisfied, and certifies in writing, that substantial progress was made on the design of the building before the building regulation or amendment commenced. (3) Subject to any determination of the Building Appeals Board, building work referred to in subsection (1) or (2) must be carried out in accordance with the provisions of any regulations, by-laws, local laws or enactments in force at the material times as if the building regulation or amendment had not come into operation. (4) Despite subsections (1) to (3), the relevant building surveyor and the owner of the building or land concerned may agree that a building regulation, or an amendment to a building regulation, is to apply to the carrying out of building work referred to in those subsections. 11 Effect of planning schemes s. 11 (1) If a provision of a planning scheme under the Planning and Environment Act 1987 regulates
is carried out in accordance with this Act, the building regulations and the permit. 500 penalty units, in the case of a natural person. 2500 penalty units, in the case of a body corporate. (2) Subsection (1) does not apply to building work exempted by or under this Act or the regulations. Division 2—Applications for building permits 17 Applications for building permits An application for a building permit may be made to a municipal building surveyor or to a private building surveyor appointed under Part 6— (a) by or on behalf of the owner of the building or the owner of the land, in or on which the building work is to be carried out; or (b) if the land in or on which the building work is to be carried out is a lot of a kind referred to in section 9AA(1) of the of Land Act 1962, by the purchaser under a contract for the sale of that lot. 18 Schedule 2 to apply Schedule 2 applies in relation to an application for a building permit under this Part. Notes to s. 18 inserted by No. 34/2013 s. 18. Notes 1 A person applying for a building permit must pay the building permit levy determined under Subdivision 4 of Division 2 of Part 12.
25 Reasons for refusal to be given s. 25 The relevant building surveyor must notify an applicant for a permit in writing without delay of the refusal of the permit and the reasons for the refusal. S. 25A inserted by No. 66/2004 s. 7. 25A Notice to building surveyor of changes S. 25A(1) amended by No. 33/2010 s. 4. (1) If a building permit has been issued in respect of building work to be carried out by a building practitioner or an insured architect and subsequently the engagement of the building practitioner or architect ends, that building practitioner or architect and the owner of the building or land in respect of which the permit is issued must, within 14 days after that engagement ends, each give the relevant building surveyor written notice of the ending of that engagement. 50 penalty units. S. 25A(2) amended by No. 33/2010 s. 4. (2) If a building permit has been issued in respect of building work and subsequently a building practitioner or insured architect is engaged to carry out the building work, the owner of the building or land in respect of which the permit is issued must, within 14 days after that engagement, give the relevant building surveyor written notice of the engagement including details of— (a) the building practitioner's registration under this Act; or (b) the architect's registration under the Architects Act 1991. 50 penalty units.
S. 25I (Heading) amended by No. 34/2013 s. 34(Sch. 1 item 2). S. 25I inserted by No. 66/2004 s. 8. 25I Authority to publish information statement S. 25I(1) amended by No. 34/2013 s. 34(Sch. 1 item 3). s. 25I (1) The Authority, after consulting with the Director of Consumer Affairs Victoria, may publish an information statement setting out information in relation to this Act, the building regulations, the Contracts Act 1995 and the regulations under that Act that the Authority considers appropriate to provide to applicants for certificates of consent. S. 25I(2) amended by No. 34/2013 s. 34(Sch. 1 item 3). (2) The Authority, after consulting with the Director of Consumer Affairs Victoria, may publish a statement amending or replacing a statement published under subsection (1). (3) The information statement and any amending or replacement statement must be published in the Government Gazette. S. 25J inserted by No. 34/2013 s. 8. 25J Review by VCAT A person to whom a decision of the Building Practitioners Board under this Division applies may apply to the Victorian Civil and Administrative Tribunal for a review of— (a) that decision; or (b) a failure of the Board to make that decision within a reasonable time. Division 4—Special provisions
S. 26 substituted by No. 34/1997 s. 5, amended by No. 34/2013 s. 34(Sch. 1 item 4). 26 Prescribed places of public entertainment An application for a building permit for a place of public entertainment prescribed or in a class prescribed for the purposes of this section must be made to the Authority. S. 27 repealed by No. 91/1995 s. 138. * * * * * 28 Historic buildings and special buildings s. 26 (1) Despite section 24, the relevant building surveyor may issue a building permit for the carrying out of building work that does not comply with the building regulations if the work is to be carried out on, or in connection with— S. 28(1)(a) substituted by No. 93/1995 s. 218(1) (Sch. 2 item 1.1). (a) a building included on the Heritage Register established under the Heritage Act 1995; S. 28(1)(b) repealed by No. 28/2000 s. 14(1). * * * * * (2) The building permit may be issued to enable the carrying out of work appropriate to the style, manner of construction and materials of the building. (3) In deciding an application for a building permit in respect of a building to which subsection (1) applies, the relevant building surveyor must take into account— (a) the structural adequacy of the building; and
S. 52 amended by No. 33/2010 s. 13. 52 Use of prescribed temporary structure must be in accordance with permit The owner, occupier, lessee or a hirer of a prescribed temporary structure must not permit the structure to be used for the purpose of providing public entertainment in contravention of the occupancy permit permitting its use for the entertainment. 240 penalty units, in the case of a natural person. 1500 penalty units, in the case of a body corporate. 53 Applications for occupancy permits s. 52 (1) An application for an occupancy permit under this Division (other than an occupancy permit referred to in subsection (2)) may be made to a municipal building surveyor or a private building surveyor appointed under Part 6 by or on behalf of the owner of the place of public entertainment concerned. S. 53(2) amended by No. 34/2013 s. 34(Sch. 1 item 5). (2) An application for an occupancy permit under this Division for a prescribed temporary structure or for a place of public entertainment prescribed or in a class prescribed for the purposes of this section may be made to the Authority by or on
(a) in evacuating a building, land or place of public entertainment in accordance with an emergency order; or (b) in removing persons from a building, land or place of public entertainment in or on which the municipal building surveyor or any person assisting the building surveyor is carrying out work or taking any action in accordance with an emergency order or building order. S. 124(2) amended by No. 37/2014 s. 10(Sch. item 9.2). (2) A police officer may use reasonable force in carrying out a function under subsection (1). 125 Relevant building surveyor to notify council S. 125(1) amended by No. 33/2010 s. 26. (1) The relevant building surveyor, within 7 days after making any emergency order, building notice or building order under this Part, must give to the relevant council a copy of the notice or order. 50 penalty units. (2) The relevant building surveyor, within 7 days after an emergency order, building notice or building order under this Part has been fully complied with or is amended or cancelled, must give a written notice of the compliance, amendment or cancellation to the relevant council. 126 Register of orders s. 126 (1) The relevant council must keep a register of all emergency orders, building notices or building orders given to the council under this Part.
damage arising out of or concerning defective building work; building work includes the design, inspection and issuing of a permit in respect of building work. 130 Division not to affect certain matters s. 130 Nothing in this Division— (a) applies to or affects any right to recover damages for death or personal injury arising out of or concerning defective building work; or (b) affects the operation of any immunity given by Division 1. S. 131 amended by Nos 2/1996 s. 9, 52/1998 s. 311(Sch. 1 item 10.3), repealed by No. 60/2003 s. 17. * * * * * Ss 132, 133 repealed by No. 60/2003 s. 17. * * * * * 134 Limitation on time when building action may be brought Despite any thing to the contrary in the Limitation of Actions Act 1958 or in any other Act or law, a building action cannot be brought more than 10 years after the date of issue of the occupancy permit in respect of the building work (whether or not the occupancy permit is subsequently cancelled or varied) or, if an occupancy permit is not issued, the date of issue
S. 137AA (2)(ba) inserted by No. 33/2010 s. 29. (ba) the Victorian Managed Insurance Authority within the meaning of the Victorian Managed Insurance Authority Act 1996; or (c) an insurer specified by the Minister by notice under this section. (3) The Minister may by notice published in the Government Gazette specify an insurer for the purposes of this section. (4) The Minister must not specify an insurer under subsection (3) unless the Minister is satisfied that the insurer has an acceptable international credit rating and that the insurer does not carry on insurance business in . (5) For the purposes of this section an acceptable international credit rating is a rating that— (a) is provided by a credit rating agency specified under subsection (6); and (b) is equal to or exceeds the rating specified in relation to that agency under subsection (6). (6) The Minister may by notice published in the Government Gazette— (a) specify a credit rating agency for the purposes of this section; and (b) specify a rating in relation to that agency. s. 137AA (7) The Minister may by notice published in the Government Gazette amend or revoke any notice published under this section. (8) The Minister must consult with the Minister for the time being administering the Victorian Managed Insurance Authority Act 1996 before publishing any notice under this section. (9) In this section insurance has the same meaning as it has in section 135.
(ii) if neither an occupancy permit nor a certificate of final inspection is issued or required to be issued in respect of the construction of the building— (A) 7 years after the date of the issue of the building permit in respect of the construction of the building; or (B) if a building permit is not issued or required to be issued in respect of the construction of the building, 6 years and 6 months after the certified date of commencement for the building; and (b) in relation to a contract for the sale of any other building—10 years after the completion date for the construction of that building; S. 137B(7) def. of prescribed building practitioner amended by Nos 2/1996 s. 10(2), 52/1998 s. 311(Sch. 1 item 10.6). prescribed building practitioner means— (a) an architect registered under the Architects Act 1991; or (b) a building surveyor, building inspector or an engineer registered under Part 11; or (c) a person recognised by the Minister under section 28 of the House Contracts Guarantee Act 1987 by
(9) Division 5 (other than section 161) does not apply to an application under this section. Division 5—Powers concerning disputes and other proceedings S. 161 amended by No. 109/1997 s. 533(Sch. 2 item 1.1). 161 General powers s. 161 The Building Appeals Board must consider and determine a matter referred or application made to it under this Act or any other Act and may make any order that it considers appropriate in the circumstances. 162 Special powers—modification of regulations (1) Before determining an application under section 160 the Building Appeals Board— (a) must consult— (i) any authority that would be a reporting authority if the application were an application for a permit; and S. 162(1)(a)(ii) amended by No. 34/2013 s. 34(Sch. 1 item 20). (ii) the Authority, if the application discloses that any aspect of the matter has been considered by it; and (iii) if the application shows that any aspect of the matter relates to a building permit, the relevant building surveyor; and S. 162(1)(b) amended by No. 93/1995 s. 218(1) (Sch. 2 item 1.2). (b) if the application concerns a building included in the Heritage Register established under the Heritage Act 1995, must consider any recommendation received from the Heritage Council before the hearing of the application; and
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 No. 36/2002 s. 10(1). (b) if under Part 9 the applicant is required to be covered by insurance, give written proof to the Board that— (i) until the next anniversary of his or her registration or, subject to such conditions as the Board may impose, any lesser period approved by the Board, 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. (3) The Board 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). (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 (b) gives the Board written proof that— (i) until the next anniversary of his or her registration or, subject to such conditions as the Board may impose, any lesser period approved by the Board, he or she will be covered by the required insurance (if any); or
rectification of defective building work or any payment to be made to the insurer in respect of the completion or rectification of defective building work in accordance with required insurance or in accordance with a guarantee under the House Contracts Guarantee Act 1987 or a failure by the builder to comply with a direction under section 44 of the House Contracts Guarantee Act 1987. (2) An application under subsection (1) must— s. 174A (a) be in writing; and (b) set out the terms of the direction to be complied with. (3) The Building Practitioners Board must notify the builder without delay of that application and advise the builder— (a) that his or her registration under this Part may be suspended at the end of 28 days after the date of the notice unless the builder complies with the direction; and (b) that he or she has a right to be heard by the Building Practitioners Board in respect of the application. (4) If a builder has not complied with the direction within 28 days after the date of the notice, the Building Practitioners Board, after giving the builder an opportunity to be heard, may suspend the builder's registration under this Part. (5) The Board must give the builder written notice of the suspension of the builder's registration under subsection (4). (6) The suspension lasts until— (a) the Building Practitioners Board is satisfied that the builder has complied with the direction; or
generally or in a particular category or class of work. 500 penalty units. S. 176(2) amended by Nos 36/2008 s. 7(2), 33/2010 s. 31(2). (2) A person who is not registered under this Part as a building surveyor must not practise as a building surveyor (unlimited) or building surveyor (limited). 500 penalty units. S. 176(2AA) inserted by No. 36/2008 s. 7(3), amended by No. 33/2010 s. 31(2). (2AA) A person who is registered as a building surveyor (limited) must not practise as a building surveyor except in respect of buildings up to 3 storeys in height with a maximum floor area of 2000 square metres. 500 penalty units. S. 176(2A) inserted by No. 91/1995 s. 147(1), substituted by Nos 68/2001 s. 9, 66/2004 s. 11, amended by No. 33/2010 s. 31(2). (2A) A builder must not carry out domestic building work under a major domestic building contract unless the builder is registered under this Part in the appropriate class of domestic builder. 500 penalty units. S. 176(3) amended by Nos 91/1995 s. 147(2)(a), 36/2008 s. 7(4), 33/2010 s. 31(3). s. 176 (3) Subsections (1), (1A), (2), (2AA) and (2A) do not apply to the use by a partnership of a title that can only be used by a person registered under this Part or the carrying out by a partnership of work that can only be carried out by a person registered under this Part, if at least one of the partners is registered in the appropriate category or class under this Part.
accordance with a guarantee under the House Contracts Guarantee Act 1987 or has failed to comply with a direction under section 44 of the House Contracts Guarantee Act 1987; or S. 179(1)(fb) inserted by No. 36/2002 s. 11. s. 179 (fb) has failed to carry out a recommendation contained in an inspector's report under section 48 of the Contracts Act 1995; or S. 179(1)(fc) inserted by No. 36/2008 s. 9(2). (fc) has failed to comply with the Contracts Act 1995; or (g) has had his or her authority to practise as a building practitioner in a place outside cancelled or suspended otherwise than for failure to renew that authority; or (h) has failed to comply with an undertaking given to the Board under this Division. (2) The following are the decisions which the Board may make— (a) to reprimand the person; (b) to require the person to pay the costs of or incidental to the inquiry; s. 179 S. 179(2)(c) substituted by No. 34/2013 s. 10(1). (c) to require the person to give an undertaking— (i) to do a specified thing, including to complete or rectify specified building work; or (ii) not to do a specified thing;
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 S. 182(1)(b) amended by No. 34/2013 s. 34(Sch. 1 item 24). (b) the Authority, 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
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
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;
(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.
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. 221P(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 41). (3) The Authority may provisionally register an eligible person with respect to 2 or more particular classes of plumbing work or specialised plumbing work. S. 221P(4) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(4), 34/2013 s. 34(Sch. 1 item 41). (4) On receiving any provisional registration fee required by the regulations, the Registrar must give each person who is provisionally registered by the Authority a provisional registration document as evidence that the person is provisionally registered to carry out a particular class, or particular classes, of plumbing work or specialised plumbing work. (5) A provisional registration expires 1 year after it is granted, but may be renewed.
S. 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. 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. 221ZB(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 56). (3) In the case of an application for the renewal of a licence, the person applying must also include written proof to the Authority that he or she will be covered by the required insurance until the next anniversary of his or her licensing or, subject to such conditions as the Authority may impose, any lesser period approved by the Authority. S. 221ZB(4) inserted by No. 75/1998 s. 9(2), amended by No. 34/2013 s. 34(Sch. 1 item 56). (4) If required by the Authority, an application for renewal must also be accompanied by a photograph of the plumber that is of the size and in the form specified by the Authority. S. 221ZB(5) inserted by No. 36/2008 s. 19(2), amended by No. 34/2013 s. 34(Sch. 1 item 56). (5) The Authority may use the photograph provided for the purposes of identification of the plumber and for inclusion in the plumber's renewed licence or registration document. S. 221ZC (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 57). S. 221ZC inserted by No. 39/1996 s. 5. 221ZC Authority may require further information s. 221ZC
S. 221ZC(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 58). (1) The Authority may ask a person applying to have his or her licence or registration renewed for more information concerning the application if it is reasonably necessary to help it to decide whether to grant the application. S. 221ZC(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 58). (2) The Authority may refuse to renew a person's licence or registration if he or she does not give it the extra information asked for before the licence or registration expires. S. 221ZD inserted by No. 39/1996 s. 5. 221ZD Renewal of licence or registration S. 221ZD(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59). s. 221ZD (1) The Authority must renew the licence or registration of a person to carry out a particular class of plumbing work or specialised plumbing work or to carry out a particular type of plumbing work if the person applies for the renewal in accordance with section 221ZB. S. 221ZD(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 59). (2) However, the Authority may refuse to renew the licence or registration of a person who has, since he or she was last licensed or registered by the Authority— (a) been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or
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
S. 221ZZY(1) amended by No. 75/1998 s. 5(b), substituted by No. 34/2013 s. 26(3)(a). s. 221ZZY (1) The Authority may appoint for the purposes of this Part, from staff appointed or engaged under section 204— (a) plumbing inspectors; and (b) compliance auditors. S. 221ZZY(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 26(3)(b). (2) The Authority must give every person that it appoints as a plumbing inspector an identity card that displays a photograph of the person and states the person's name and the fact that he or she is a plumbing inspector appointed by the Authority. S. 221ZZY(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 26(3)(c). (3) The Authority must give every person that it appoints as a compliance auditor an identity card that displays a photograph of the person and states the person's name and the fact that he or she is authorised to conduct compliance audits for the Authority. S. 221ZZZ inserted by No. 39/1996 s. 5. 221ZZZ Functions of compliance auditors s. 221ZZZ (1) The function of a compliance auditor is to examine plumbing work in respect of which a compliance certificate has been issued— (a) to monitor the accuracy of the certificate; and (b) to ensure that the work has been competently carried out and does not pose any risk of injury or damage to any person or property; and (c) to ensure that the plumbing laws have been complied with. S. 221ZZZ(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 88). (2) The Authority is to determine in its absolute discretion what plumbing work is to be examined by a compliance auditor.
(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 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. S. 221ZZZB inserted by No. 39/1996 s. 5. 221ZZZB Plumber must give information to compliance auditor S. 221ZZZB(1) amended by No. 75/1998 s. 15(2). (1) A person must comply with any requirement made by a compliance auditor under section 221ZZZA(3)(a) or (c). 50 penalty units. S. 221ZZZB(2) amended by No. 75/1998 s. 15(3). (2) However, a person need not answer any question put to him or her under section 221ZZZA(3)(c) if the answer might incriminate him or her. S. 221ZZZB(3) inserted by No. 75/1998 s. 15(4). (3) A person must comply with any requirement made by a compliance auditor under section 221ZZZA(3)(e).
of the completion or rectification of defective plumbing work or any payment to be made to the insurer in respect of the completion or rectification of defective plumbing work in accordance with required insurance. S. 221ZZZH inserted by No. 39/1996 s. 5. 221ZZZH Procedure concerning inquiries s. 221ZZZH S. 221ZZZH(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 93). (1) To start an inquiry, the Authority must give the following details in writing to the person who is to be the subject of the inquiry— (a) the grounds on which the inquiry is to be conducted; and (b) if the inquiry is based on a complaint, the substance of that complaint; and (c) the time and place at which the inquiry will be held; and S. 221ZZZH (1)(d) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 93). (d) the fact that the person may make oral and written submissions to the Authority in relation to the inquiry; and (e) a copy of section 221ZZZJ. S. 221ZZZH(2) amended by Nos 75/1998 s. 5(b), 70/2013 s. 3(Sch. 1 item 3). (2) The Authority may conduct an inquiry in the absence of the person whose conduct or competence is being inquired into if it is satisfied that the person received the details listed in subsection (1).
(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; S. 221ZZZJ (1A) inserted by No. 36/2008 s. 24(2), amended by No. 34/2013 s. 34(Sch. 1 item 96). (1A) If the Authority 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 Authority 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), amended by No. 34/2013 s. 34(Sch. 1 item 96). (1B) In making a decision under subsection (1A), the Authority 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. 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 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). * * * * *
(ii) advertising by licensed and registered plumbers in relation to plumbing work; S. 221ZZZV (1)(ga) inserted by No. 85/2000 s. 11. (ga) regulating the construction, installation, alteration, relocation or replacement of a cooling tower or of any part of a cooling tower system; S. 221ZZZV (1)(gb) inserted by No. 85/2000 s. 11. s. 221ZZZV (gb) requiring the installation and use of specified devices or equipment in cooling towers or cooling tower systems, including in existing cooling towers and cooling tower systems; S. 221ZZZV (1)(gc) inserted by No. 31/2007 s. 17(3). (gc) prescribing offences against this Part and the regulations made under this Part for the purposes of Division 10A; S. 221ZZZV (1)(gd) inserted by No. 31/2007 s. 17(3). (gd) prescribing, for the purposes of Division 10A, penalties not exceeding 10 penalty units for the offences prescribed under paragraph (gc); (h) generally providing for any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. S. 221ZZZV(2) repealed by No. 31/2007 s. 17(4). * * * * * (3) Despite section 262(f), regulations made under subsection (1)(a) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.
Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010 Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 2) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Building Act 1993 Endnotes Building Amendment Act 2011, No. 5/2011 Assent Date: 12.4.11 Commencement Date: 1.5.11: s. 2 Current State: All of Act in operation Victorian Urban Development Authority Amendment (Urban Renewal Authority Victoria) Act 2011, No. 35/2011 Assent Date: 5.7.11 Commencement Date: S. 17 on 25.10.11: Special Gazette (No. 342) 25.10.11 p. 1 : This information relates only to the provision/s amending the Building Act 1993 Building Amendment Act 2012, No. 9/2012 Assent Date: 20.3.12 Commencement Date: 21.3.12: s. 2 Current : All of Act in operation Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012 Assent Date: 3.4.12 Commencement Date: S. 83 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 : This information relates only to the provision/s amending the Building Act 1993 Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 5) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 : This information relates only to the provision/s amending the Building Act 1993 Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013 Assent Date: 18.6.13 Commencement Date: Ss 3–12, 15–33, 34(Sch. 1 items 1–114) on 1.7.13: s. 2 : This information relates only to the provision/s amending the Building Act 1993 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 3(Sch. 1 item 3) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Building Act 1993