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 of approved auditor inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1). * * * * *
S. 3(1) def. of Authority inserted by No. 34/2013 s. 3(a). Authority means the Victorian Building Authority established under section 193; building includes structure, temporary building, temporary structure and any part of a building or structure; Building Advisory Council means the Building Advisory Council under Part 12; Building Appeals Board means the Building Appeals Board under Part 10; S. 3(1) def. of Building Code of Australia inserted by No. 34/1997 s. 4, amended by No. 66/2004 s. 3(2), substituted by No. 5/2011 s. 3(2). Building Code of Australia means the Building Code of Australia comprising— (a) Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; and (b) Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume; s. 3 Building Practitioners Board means the Building Practitioners Board under Part 11; S. 3(1) def. of building practitioner amended by Nos 91/1995 s. 136(a) (i)–(iii), 35/2004 s. 34(1) (as amended by No. 66/2004 s. 21). building practitioner means— (a) a building surveyor; or (b) a building inspector; or (c) a quantity surveyor; or (d) an engineer engaged in the building industry; or
(e) a draftsperson who carries on a business of preparing plans for building work or preparing documentation relating to permits or permit applications; or (f) a builder including a domestic builder; or (g) a person who erects or supervises the erection of prescribed temporary structures; or (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 ;
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;
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). s.23 (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 S. 24(1)(c) substituted by No. 28/2000 s. 13(b). (c) any relevant planning permit or other prescribed approval has been obtained; and S. 24(1)(d) inserted by No. 28/2000 s. 13(b). (d) the building permit will be consistent with that planning permit or other prescribed approval. S. 24(2) amended by No. 66/2004 s. 5(1). (2) Subject to section 24A and Division 4, the relevant building surveyor must not issue a building permit that imposes on the applicant lesser or greater standards or requirements than those prescribed by this Act or the building regulations, unless permitted to do so by this Act or the building regulations.
(b) a part of a roof; or (c) a chimney— that faces a street and at least part of which is visible from the street it faces; street includes road, highway, carriageway, square and court. S. 29B inserted by No. 28/2000 s. 15. 29B Suspension of demolition permit pending amendment of planning scheme s. 29B (1) If— (a) the report and consent of the responsible authority as reporting authority under section 29A has been sought in relation to an application for a building permit; and (b) during the prescribed time referred to in clause 6A(2) of Schedule 2— (i) an application is made to the Minister for an exemption under section 20(1) of the Planning and Environment Act 1987 in respect of an amendment to the planning scheme affecting the land; or (ii) if a request is made to the Minister to prepare an amendment to a planning scheme affecting the land and to exempt himself or herself under section 20(4) of the Planning and Environment Act 1987 from certain requirements in respect of that amendment— the responsible authority must give written notice without delay to the relevant building surveyor of the application or request.
(a) if the adjoining owner has agreed to the protection work, in accordance with that agreement; or (b) if the relevant building surveyor has made a determination under this Part in respect of the protection work, in accordance with that determination; or (c) if the Building Appeals Board has made a determination under Part 10 in respect of the protection work, in accordance with that determination. 500 penalty units, in the case of a natural person. 2500 penalty units, in the case of a body corporate. 89 Emergency procedures s. 89 S. 89(1) amended by No. 34/2013 s. 34(Sch. 1 item 11). (1) The Authority, on the application of an owner or adjoining owner may declare that emergency protection work is required in respect of a particular adjoining property. (2) Sections 84 to 88 do not apply to any emergency protection work to be carried out in accordance with a declaration under subsection (1). S. 89(3) amended by No. 33/2010 s. 20. (3) The owner must carry out emergency protection work in accordance with— (a) the declaration under subsection (1); or (b) if the Building Appeals Board has made a determination under Part 10 in respect of the protection work, in accordance with that determination.
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 aware of the fact that the public entertainment was the subject of an emergency order under this Part. 119 Building permit not required s. 119 Despite anything to the contrary in this Act or the building regulations, a person who carries out work in accordance with an emergency order or building order in force under this Part is not required to obtain a building permit or comply with the building regulations unless the relevant building surveyor so directs. 120 Completion of work required by emergency order or building order S. 120(1) amended by No. 33/2010 s. 25. (1) On completion of the work required to be carried out by an emergency order or building order, the owner must notify the relevant building surveyor in writing, without delay. 50 penalty units. (2) The relevant building surveyor must inspect the notified work and— (a) report to the relevant council that the order has been fully complied with; or (b) require the order to be fully complied with. 121 Work may be carried out by municipal building surveyor s. 121 If an owner fails to carry out work as required by an emergency order or building order made by a municipal building surveyor, the municipal
(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. S. 169A inserted by No. 34/2013 s. 9(2). 169A Police record check on applicant In considering an application for registration, the Board may arrange for the conduct of a police record check on the applicant. 170 Registration s. 169A (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—
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.
without delay give written notice of the revocation to the building practitioner. S. 180A inserted by No. 91/1995 s. 150. 180A Complaints concerning builders etc. are privileged If a person— (a) lodges a complaint with the Board or requests an inquiry under section 178; or (b) produces or gives a document or any information or evidence to the Board or a person conducting an investigation under section 177— the person is not liable in any way for any loss, damage, or injury suffered by another person by reason only of the lodging of that complaint or the requesting of the inquiry or the production or giving of that document, information or evidence. 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 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
(d) any fees or fines received or recovered by or on behalf of the Building Practitioners Board; and (e) any costs or fees received by or on behalf of the Building Appeals Board; and (f) income from the investment of the Building account; and (g) money appropriated by Parliament for the purposes of the Building account; and (h) any other money required or authorised by or under this or any other Act to be paid into the Victorian Building Authority Fund. s. 205B (2) Amounts paid into the Building account on account of the building permit levy payable under section 205G(1) must be credited to the building permit levy account. (3) Amounts paid into the Building account that are fees or fines received or recovered by or on behalf of the Building Practitioners Board in relation to the registration or discipline of building practitioners engaged in domestic building work must be credited to the domestic building account. (4) Amounts paid into the Building account on account of the building permit levy payable under section 205G(2) must be credited to the domestic building dispute account. (5) Other amounts paid into the Building account must be credited to the building general account. S. 205B inserted by No. 34/2013 s. 4. 205B Payments out of the Building account (1) Subject to subsection (2), there must be paid out of the Building account— (a) any amounts required to enable the Authority to carry out its functions; and
S. 205M inserted by No. 34/2013 s. 4. 205M Directions and recommendations in relation to building surveyors s. 205M (1) If it considers it necessary for the purposes of this Act or the regulations, the Authority may direct a municipal building surveyor or private building surveyor to carry out his or her functions under this Act or the regulations— (a) in accordance with this Act or the regulations; or (b) within a period specified in the direction. (2) The Authority, in giving a direction under subsection (1)(b), must not vary a time limit prescribed by this Act or the regulations. (3) If it considers it necessary for the purposes of this Act or the regulations, the Authority may recommend to the person who appointed a municipal building surveyor or private building surveyor that the person take action specified by the Authority. (4) Before giving a direction or making a recommendation under this section, the Authority must give the municipal building surveyor or private building surveyor concerned— (a) written notice of the Authority's intention; and (b) a reasonable opportunity to make a submission about the matter to the Authority. (5) The Authority must give a copy of any direction or recommendation under this section to the municipal building surveyor or private building surveyor concerned.
S. 216A inserted by No. 18/1998 s. 8. 216A Exemption from functions in relation to certain permits (1) A council may apply to the Minister to exempt its municipal building surveyor from any requirement to consider applications for building permits for building work other than prescribed domestic building work. (2) The Minister may grant the exemption if the Minister is satisfied that sufficient private building surveyors are available to consider those applications for building permits in relation to land in the council's municipal district. (3) If the Minister grants an exemption in respect of a municipal building surveyor, then, despite anything to the contrary in this Act and while the exemption is in force, an application cannot be made to the municipal building surveyor under Part 3 for a building permit for building work other than prescribed domestic building work. (4) The Minister may at any time revoke an exemption given under this section. (5) The Minister must cause notice of any exemption or revocation under this section to be published in the Government Gazette. S. 216B inserted by No. 68/2001 s. 11, amended by No. 36/2008 s. 13 (ILA s. 39B(1)). 216B Delegation by municipal building surveyor s. 216A (1) The municipal building surveyor of a council may, by instrument, delegate any of his or her functions under this Act or the regulations, except this power of delegation, to any person employed or engaged by the council who is registered as a building surveyor (unlimited) under Part 11. S. 216B(2) inserted by No. 36/2008 s. 13(2). (2) The municipal building surveyor of a council may, by instrument, delegate any of his or her functions under this Act or the regulations to the extent that they relate to buildings up to 3 storeys in height with a maximum floor area of
S. 221B(1) def. of registered plumber amended by Nos 75/1998 s. 5(a)(iii), 34/2013 s. 34(Sch. 1 item 32(b)). registered plumber means a person who is registered by the Authority 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 Nos 75/1998 s. 5(a)(iv), 34/2013 s. 27(1). Registrar means the Registrar of the Victorian Building Authority appointed or engaged under section 204(1)(a); required insurance means the insurance required by an order made under section 221ZQ; specialised plumbing work means any plumbing work— (a) that the regulations state is specialised plumbing work; or (b) that is declared by the Minister to be specialised plumbing work under section 221ZZZU; S. 221B(1) def. of water authority substituted by No. 17/2012 s. 83(b). water authority means an Authority within the meaning of the Water Act 1989 that has a water district or a sewerage district under that Act. s. 221B (2) A reference in this Part (other than in section 221O or 221R) to registration includes a reference to provisional registration, unless a contrary intention appears or the context otherwise requires.
S. 221J inserted by No. 39/1996 s. 5. 221J Person must not use the title "drainer" unless licensed or registered s. 221J S. 221J(1) amended by No. 33/2010 s. 37. (1) A person must not use or take the title "drainer" in any context relating to the plumbing industry unless the person is authorised to carry out draining work under this Part. 120 penalty units. S. 221J(2) amended by No. 33/2010 s. 37. (2) A person must not use or take the title "licensed drainer" unless he or she is licensed to carry out draining work under this Part. 120 penalty units. S. 221J(3) amended by No. 33/2010 s. 37. (3) A person must not use or take the title "registered drainer" unless he or she is registered to carry out draining work under this Part. 120 penalty units. 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.
(c) has had his or her authorisation to carry out plumbing work or specialised plumbing work suspended or cancelled for any reason other than his or her failure to renew that authorisation; or (d) is an insolvent under administration; or S. 221S(1)(e) amended by No. 17/1999 s. 22(5), substituted by No. 72/2010 s. 48(Sch. item 2(3)). (e) has been convicted of an offence against— (i) section 12, 16, 17, 18, 20 or 22 of the Fair Trading Act 1985; or (ii) section 10, 11, 12, 17, 19 or 21 of the Fair Trading Act 1999; or (iii) section 53, 55, 55A, 56, 58 or 60 of the Trade Practices Act 1974 of the Commonwealth; or S. 221S(1) (e)(iv) amended by No. 21/2012 s. 239(Sch. 6 item 5.2). s. 221T (iv) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of the Australian Consumer Law (Victoria); S. 221S(1) (e)(v) inserted by No. 21/2012 s. 239(Sch. 6 item 5.3). (v) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth. S. 221S(2) amended by Nos 75/1998 s. 5(b), 31/2007 s. 8, 34/2013 s. 34(Sch. 1 item 45). (2) Despite sections 221M(2), 221N(2), 221O(2) and 221OA(2), the Authority must refuse to licence or register a person who is for the time being disqualified by an order of any regulatory body from acting as a licensed or registered plumber (or an equivalent occupation under the jurisdiction of the regulatory body). (3) This section applies regardless of where the conviction, suspension, cancellation, insolvency or disqualification occurred. S. 221T inserted by No. 39/1996 s. 5. 221T Application for licensing or registration as a plumber
S. 221Y inserted by No. 39/1996 s. 5, amended by No. 36/2008 s. 18(2). 221Y Duplicate licences and registration documents The Registrar may issue a duplicate licence or registration document if— S. 221Y(a) amended by No. 36/2008 s. 18(2). (a) he or she is satisfied that the original licence or registration document has been lost, mutilated or destroyed; and (b) the person asking for the duplicate has paid the fee required by the regulations. S. 221Z inserted by No. 39/1996 s. 5. 221Z How long licensing and registration last s. 221Z S. 221Z(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 53). (1) A person who is licensed to carry out a particular class of plumbing work or specialised plumbing work remains licensed to carry out that work for one year (or any lesser period specified by the Authority). S. 221Z(2) amended by Nos 31/2007 s. 10, 36/2008 s. 20, 34/2013 s. 34(Sch. 1 item 53). (2) A person who is registered to carry out a particular class of plumbing work or specialised plumbing work remains registered to carry out that work for 3 years (or any lesser period specified by the Authority). (3) However, if a licensed or registered plumber is licensed or registered to carry out a second or subsequent class of plumbing work or specialised plumbing work, he or she only remains licensed or registered to carry out that latter form of plumbing work until his or her original licence or registration expires. (4) The Registrar must ensure that the fee payable in respect of— (a) a licence that is to remain in force for less than one year; 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
10 penalty units. Division 4—Compliance certificates S. 221ZG inserted by No. 39/1996 s. 5, amended by Nos 99/1997 s. 121(5), 91/1998 s. 35. 221ZG This Division does not apply to complex gasfitting work Nothing in this Division applies to gasfitting work on a complex gas installation (as defined in the Gas Safety Act 1997). References to "plumbing work" in this Division are to be read as references to all plumbing work other than that work. S. 221ZH inserted by No. 39/1996 s. 5. 221ZH Compliance certificate must be given for most plumbing work (1) This section only applies to the following plumbing work— s. 221ZH (a) any plumbing work that has a total value of $500 or more (or any higher amount fixed by the regulations); and S. 221ZH(1)(b) substituted by No. 75/1998 s. 10(1). (b) the installation, relocation or replacement of any gas-using appliance; and S. 221ZH(1) (ba) inserted by No. 75/1998 s. 10(1). (ba) the conversion of a gas-using appliance for use with a different gaseous fuel; and S. 221ZH(1) (bb) inserted by No. 75/1998 s. 10(1). (bb) the installation, modification or relocation of consumer gas piping (other than work that is carried out on consumer gas piping by, or on behalf of, a gas company and that is incidental to the modification of the gas company's assets under the provisions of an
S. 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 s. 221ZO (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 s. 221ZP (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. (2) The plumber must not cover any pipes or pipework involved in the work unless— S. 221ZP(2)(a) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 71). (a) he or she has advised the Authority in the manner specified by the Authority of the time at which the work will be ready for inspection; and
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). S. 221ZZZI inserted by No. 39/1996 s. 5, amended by Nos 75/1998 s. 5(c), 34/2013 s. 34(Sch. 1 item 94). 221ZZZI How inquiry to be conducted Clauses 12, 15, 16, 17, 18(1) and 19 of Schedule 3 apply to an inquiry under this Division as if a reference in those clauses to the Building Appeals Board was a reference to the Victorian Building Authority.
S. 221ZZZJ (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. 221ZZZJ (1C) inserted by No. 36/2008 s. 24(2), amended by No. 34/2013 s. 34(Sch. 1 item 96). (1C) The Authority may revoke the suspension of the suspension or cancellation of a licence or registration and reinstate the original suspension or cancellation if the Authority is satisfied that the person has during the suspension period— (a) breached a requirement of this Part; or (b) breached a condition of the suspension. S. 221ZZZJ (1D) inserted by No. 36/2008 s. 24(2). (1D) If the original suspension or cancellation of a licence or registration is reinstated, the period of suspension begins, or the cancellation takes effect, on the day following the day that the decision to reinstate the suspension or cancellation is made. S. 221ZZZJ(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 96). (2) If the Authority makes an order under this section, the Registrar may give a copy of the order to any person or body who the Registrar thinks should be told of the order. S. 221ZZZK inserted by No. 39/1996 s. 5. 221ZZZK Presumption of suspension for repeated offences concerning compliance notices s. 221ZZZK S. 221ZZZK(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 97). (1) This section applies if the Authority is satisfied, at the end of an inquiry— (a) that a person has contravened section 221ZH; and (b) that the person has contravened that section on at least 2 separate occasions within the past 3 years. S. 221ZZZK(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 97). (2) The Authority must suspend the person's licence for a period of up to 3 months unless it is satisfied that there is a good reason for not doing so.
S. 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). * * * * *
S. 221ZZZV (1)(b) amended by Nos 75/1998 s. 5(b), 36/2008 s. 25(a), 34/2013 s. 34(Sch. 1 item 108). (b) fees for the purposes of this Part (including fees for examinations or assessments conducted by, or on behalf of, the Authority); (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; S. 221ZZZV (1)(f) amended by No. 36/2008 s. 25(a). (f) examinations or assessments for the purposes of this Part; (g) generally regulating and controlling— (i) the carrying out of plumbing work by licensed and registered plumbers;
S. 227C(3)(d) amended by No. 34/2013 s. 34(Sch. 1 item 110). (d) report to the Authority, or a person authorised by the Authority, 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 (1) The chief officer and the municipal building surveyor may either jointly or separately inspect— (a) any safety or emergency installations, equipment or services in a building or place of public entertainment to determine whether they are performing and being maintained in accordance with the building regulations or any relevant occupancy permit; or
function other than the Building Practitioners Board; or (da) a plumbing inspector appointed under Part 12A; or (db) a compliance auditor appointed under Part 12A; or (e) a person authorised under subsection (2). S. 228(2) amended by No. 34/1997 s. 24(1). (2) A person or body referred to in paragraphs (a) to (d) of the definition of "authorised person" may authorise in writing any person to exercise a power under this Division on its behalf. S. 228(3) substituted by No. 34/1997 s. 24(2). (3) The person or body who or which authorises a person under subsection (2) must give an identity card to that authorised person. S. 228(4) inserted by No. 34/1997 s. 24(2). (4) The identity card must display a photograph of the authorised person to whom it is issued and state the person's name and the fact that he or she is an authorised person. S. 228(5) inserted by No. 34/1997 s. 24(2), substituted by No. 66/2004 s. 17. (5) An authorised person to whom an identity card has been issued must produce that card for inspection— (a) before exercising a power under this Act or the regulations; and (b) at any time during the exercise of a power under this Act or the regulations if asked to do so. 1 penalty unit. S. 229 substituted by No. 34/1997 s. 25, amended by No. 18/1998 s. 9, substituted by No. 66/2004 s. 18. 229 Power of entry—inspections of buildings, places of public entertainment etc. s. 229 (1) Subject to subsection (2), an authorised person may enter any building or land for the purpose of carrying out any inspection, authorised or required by this Act or the regulations, of—
(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 proprietor of an estate in fee-simple or of a leasehold estate held of the Crown in any land; or (c) evidence by the certificate of the or a Deputy Registrar-General authenticated by the seal of the RegistrarGeneral that any person appears from the memorial of any deed, conveyance or instrument to be the last registered owner of any land. (2) The Registrar-General must provide a certificate under subsection (1)(c) on the written application of a person authorised under Division 4 to bring proceedings who must certify that it is required for legal proceedings under this Act or the regulations.
(b) to ensure that proceedings are determined in accordance with sections 129 to 134. S. 260(2) inserted by No. 39/1996 s. 9(b). (2) It is the intention of section 134A to alter or vary section 85 of the Constitution Act 1975. S. 261 amended by No. 85/2000 s. 13(2) (ILA s. 39B(1)). 261 General regulation-making powers s. 259C (1) The Governor in Council may make regulations for or with respect to— S. 261(1)(a) amended by No. 34/1997 s. 28. (a) building permits, occupancy permits and temporary approvals, including the duration of permits and approvals and the matters to be complied with by the relevant building surveyor before a permit or approval can be issued; S. 261(1)(aa) inserted by No. 30/2001 s. 5. (aa) the matters which a reporting authority is required or permitted to take into account in reporting on, or considering whether to consent to, an application for a building permit; S. 261(1)(ab) inserted by No. 30/2001 s. 5. (ab) applying section 188A to specified classes of applications for building permits; S. 261(1)(b) amended by No. 71/1995 s. 23(1)(a). (b) conditions on permits and approvals including a condition requiring persons skilled in safety matters to be present when a place of public entertainment is occupied; S. 261(1)(ba) inserted by No. 66/2004 s. 19(1)(a). (ba) certificates of consent including a requirement that any matter in an application for a certificate be verified by statutory declaration; S. 261(1)(c) amended by No. 66/2004 s. 19(1)(b). (c) the making, keeping and production of records of permits, certificates of consent, approvals, notices and orders and the
(b) has assisted in preparing or making an application for a building permit or occupancy permit for the building or work; or (c) is the relevant building surveyor in respect of an application for a permit for that building or building work. 7 Membership of Board not office or place of profit Sch. 3 A member of a Board must not, in respect of the office of member, be taken to hold an office or place of profit under the Crown which would— (a) prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or (b) make void the member's election to the Legislative Council or Legislative Assembly; or (c) prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or (d) subject the member to liability to a penalty under the Constitution Act 1975. 2—GENERAL PROCEDURE 8 Building Appeals Board may sit in panels (1) For the purposes of performing any of its functions, the Building Appeals Board may be constituted by one or more panels of its members.
4 Building Advisory Council Sch. 6 The Building Advisory Council is deemed to be the same body despite the change to its membership made by section 4(1) of the Building (Plumbing) Act 1998. __________________ Sch. 7 inserted by No. 34/2013 s. 16. SCHEDULE 7 Section 272 2013 1—PRELIMINARY 1 Definitions Sch. 7 In this Schedule— Building Administration Fund means the Building Administration Fund established and administered by the Building Commission under section 200 as in force immediately before the commencement day; Building Commission means the Building Commission established by section 193 as in force immediately before the commencement day; Building Commissioner means the Commissioner of the Building Commission; commencement day means the day on which the 2013 Act came into operation; Note The Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013 came into operation on 1 July 2013.
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