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; S. 3(1) def. of Legionella inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1). * * * * * S. 3(1) def. of lot inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1). * * * * * S. 3(1) def. of major domestic building contract inserted by No. 91/1995 s. 136(c), amended by No. 52/1998 s. 311(Sch. 1 item 10.1). major domestic building contract has the same meaning as it has in the Contracts Act 1995; s. 3 mandatory notification stage means a prescribed stage of building work; municipal building surveyor means a person for the time being appointed, employed or nominated by a council as its municipal building surveyor for the purposes of this Act;
S. 24(4) repealed by No. 66/2004 s. 5(2), new s. 24(4) inserted by No. 23/2010 s. 15. (4) The relevant building surveyor must not issue a building permit for the carrying out of building work on land in respect of which there is a GAIC recording (within the meaning of Part 9B of the Planning and Environment Act 1987), unless the applicant produces any of the following certificates relating to that liability issued by the Commissioner of State Revenue under that Part— s. 24 (a) a certificate of release; (b) a certificate of exemption; (c) a certificate of staged payment approval; (d) a certificate of no GAIC liability. Note Under Part 9B of the Planning and Environment Act 1987, the Commissioner of State Revenue must issue a certificate of release if the person liable to pay a growth areas infrastructure contribution has been released from that liability for various reasons, including the fact that the person has paid the contribution or had the contribution totally reduced. The Commissioner must also issue a certificate of exemption under that section if the person liable to pay a growth areas infrastructure contribution is exempt from the liability to pay the contribution. The Commissioner must also issue a person with a certificate of staged payment approval if the person has been given approval for the staged payment of the of the contribution. S. 24(4A)(4B) inserted by No. 91/1995 s. 137(2), repealed by No. 66/2004 s. 5(2). * * * * * S. 24(5) inserted by No. 50/1995 s. 5. (5) If an amount of community infrastructure levy is payable under Part 3B of the Planning and Environment Act 1987 in respect of a development for which building work is required, the relevant building surveyor must not issue a
S. 30 amended by No. 71/1995 s. 4(a). 30 Relevant building surveyor to give copies of permits and documents to council s. 30 S. 30(1) amended by No. 33/2010 s. 6. (1) The relevant building surveyor, within 7 days after issuing any building permit under this Part, must give to the relevant council a copy of that permit and any plans and other documents lodged with the application for the permit. 50 penalty units. S. 30(1A) inserted by No. 34/1997 s. 6(1), amended by No. 33/2010 s. 6. (1A) In addition to the requirements of subsection (1), the relevant building surveyor, within the relevant prescribed time, must give to the relevant council a copy of any other prescribed documents relating to the application for the building permit or the permit. 50 penalty units. S. 30(2) inserted by No. 71/1995 s. 4(b), amended by No. 34/1997 s. 6(2). (2) Any documents lodged with the relevant council under subsection (1) or (1A) must be accompanied by the appropriate prescribed lodgement fee (if any) paid to the relevant building surveyor under clause 1 of Schedule 2. 31 Register of building permits (1) A council must keep a register of all building permits given to it under this Division. (2) A council must make the register available for inspection by any person during normal office hours. 32 Keeping of records A council must keep all documents given to it under this Division for the prescribed period and in the prescribed manner. S. 32A inserted by No. 35/2006 s. 11. 32A Council to notify VicUrban of issue of building permit s. 32A
permit in writing without delay of the refusal of the permit and the reasons for the refusal. 63 Inspection of places of public entertainment (1) The municipal building surveyor of a municipal district may cause any place of public entertainment in that municipal district for which an occupancy permit has been issued under this Division to be inspected from time to time to determine whether or not the permit is being complied with. (2) The Commission may cause any place of public entertainment for which an occupancy permit has been issued by the Commission under this Division to be inspected from time to time to determine whether or not the permit is being complied with. Division 3—Temporary occupation of buildings S. 64 amended by No. 71/1995 s. 5(a)(b). 64 Temporary occupation of buildings s. 63 S. 64(1) amended by No. 34/1997 s. 8. (1) A person may, with the approval of a municipal building surveyor or a private building surveyor appointed under Part 6, occupy on a temporary basis a building for which there is not or could not be issued an occupancy permit appropriate to the use of the building. S. 64(2) inserted by No. 71/1995 s. 5(c). (2) An approval cannot be given under this section for a use of a building or part of a building if a building permit requires an occupancy permit to
(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 order in force immediately before the commencement of section 166 of the Contracts Act 1995. S. 137C inserted by No. 91/1995 s. 142. 137C Warranties for purposes of homes under section 137B s. 137C (1) The following warranties are part of every contract to which section 137B applies which relates to the sale of a home— (a) the vendor warrants that all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(2) If under Part 6— (a) an owner has notified the Commission that building work has been terminated; and (b) the owner proposes to appoint another private building surveyor or a municipal building surveyor in respect of that building work— that owner or building surveyor may appeal to the Building Appeals Board against the Commission's failure, within a reasonable time, or refusal to consent to that appointment. 141 Protection work An owner required to carry out protection work or an adjoining owner may appeal to the Building Appeals Board against— (a) a determination under section 87 as to the appropriateness of the work; or (b) a declaration under section 89; or (c) a failure, within a reasonable time, or refusal to make that determination or declaration; or (d) a requirement under section 87 to give more information. 142 Building notices and orders s. 142 (1) The owner of a building or land, may appeal to the Building Appeals Board against— (a) a decision to serve a building notice on the owner under Division 2 of Part 8; or (b) the failure within a reasonable time, or refusal to cancel a building notice on being requested to do so by the owner.
(2) The Board may at any time remove a co-opted member from office. (3) The provisions of Schedule 3 applying to members of the Building Practitioners Board appointed by the Governor in Council also apply to co-opted members. 186 Sub-committees (1) The Building Practitioners Board may establish and dissolve sub-committees and define their functions, procedure and membership. (2) A member of a sub-committee does not have to be a member of the Board. (3) A member of a sub-committee is entitled to receive— (a) any remuneration; and (b) any travelling or other allowances— fixed from time to time by the Minister in respect of that member. S. 186A inserted by No. 34/1997 s. 14, amended by No. 18/1998 s. 5 (ILA s. 39B(1)). 186A Delegation s. 186A (1) The Building Practitioners Board may, by instrument, delegate the Board's functions under section 172(3) and (4) to the chairperson or a member of the Board. S. 186A(2) inserted by No. 18/1998 s. 5, amended by No. 66/2004 s. 13. (2) The Building Practitioners Board may, by instrument, delegate the Board's functions under sections 25D, 25E(1), 25E(3) and 170(1) to the Registrar of the Board. 187 Membership and procedure—general
S. 200(2)(e) inserted by No. 26/2001 s. 12(1)(b), amended by No. 36/2002 s. 13(1). (e) the domestic building (HIH) indemnity account; and S. 200(2)(f) inserted by No. 36/2002 s. 13(2). (f) the domestic building dispute account. s. 200 S. 200(3) amended by No. 26/2001 s. 12(2). (3) Amounts paid into the fund on account of the building permit levy payable under section 201(1) must be credited to the building permit levy account. S. 200(3A) inserted by No. 91/1995 s. 153(2). (3A) The following amounts paid into the fund must be credited to the domestic building account— (a) any fees or fines received or recovered by or on behalf of the Building Practitioners Board in respect of the registration or discipline of builders engaged in domestic building work; and (b) any costs or fees received by or on behalf of the Building Appeals Board in respect of any matter relating to the registration or discipline of builders engaged in domestic building work. S. 200(3B) inserted by No. 85/2000 s. 7(2), repealed by No. 46/2008 s. 248(5). * * * * * S. 200(3C) inserted by No. 26/2001 s. 12(3). (3C) Amounts paid into the fund on account of the building permit levy payable under section
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. 221M(4) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(1). (4) The Registrar must give each person who is licensed by the Commission a licence as evidence that the person is licensed to carry out a particular class, or particular classes, of plumbing work. S. 221N inserted by No. 39/1996 s. 5. 221N Endorsement to carry out specialised plumbing work s. 221N (1) To be able to be licensed to carry out a particular class of specialised plumbing work, a person must— S. 221N(1)(a) amended by No. 36/2008 s. 15(d), substituted by No. 33/2010 s. 39. (a) be a licensed plumber in respect of a class or classes of plumbing work or specialised plumbing work required by the regulations (or a declaration under section 221ZZZU); and (b) either— S. 221N(1) (b)(i) amended by No. 34/1997 s. 30(b). (i) have the relevant qualifications and experience required by the regulations (or a declaration under section 221ZZZU); or S. 221N(1) (b)(ii) amended by No. 75/1998 s. 5(b). (ii) 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 subparagraph (i) would have; and (c) be covered by the required insurance. S. 221N(2) amended by No. 75/1998 s. 5(b). (2) The Commission 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
S. 221T(2)(b) amended by No. 75/1998 s. 5(b). (b) contain the information required by the Commission to enable it to decide whether to grant the application; and (c) be accompanied by the relevant application fee set out in the regulations. (3) In the case of an application for a licence, the person applying must also include proof that he or she is (or will be if he or she is granted a licence) covered by the required insurance. S. 221T(4) inserted by No. 75/1998 s. 9(1). (4) If required by the Commission, an application must also be accompanied by a photograph of the applicant that is of the size and in the form specified by the Commission. S. 221T(5) inserted by No. 36/2008 s. 19(1). (5) The Commission may use the photograph provided for the purposes of identification of the plumber and for inclusion in the plumber's licence or registration document. S. 221U inserted by No. 39/1996 s. 5. 221U Commission may require further information s. 221U S. 221U(1) amended by No. 75/1998 s. 5(b). (1) The Commission may ask a person applying to be licensed or registered for more information concerning the application if it is reasonably necessary to help it to decide whether to grant the application. S. 221U(2) amended by No. 75/1998 s. 5(b). (2) The Commission may refuse to license or register a person if he or she does not give it the extra information asked for within a reasonable time of being asked for the information.
S. 221ZA inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 5(b). 221ZA Plumbers must notify Commission of changes of address etc. s. 221ZA A licensed or registered plumber must notify the Commission in writing if he or she changes his or her residential or business address or has his or her business telephone number changed, and must do so within 14 days of the change. 5 penalty units. S. 221ZB inserted by No. 39/1996 s. 5. 221ZB Application for renewal of licence or registration as a plumber S. 221ZB(1) amended by No. 75/1998 s. 5(b). (1) A plumber wishing to renew his or her licence or registration must apply to the Commission for the renewal at least 2 months before the licence or registration expires. (2) The application for renewal must— S. 221ZB(2)(a) amended by No. 75/1998 s. 5(b). (a) be in the form required by the Commission; and S. 221ZB(2)(b) amended by No. 75/1998 s. 5(b). (b) contain the information required by the Commission to enable it to decide whether to grant the renewal. S. 221ZB(3) amended by No. 75/1998 s. 5(b). (3) In the case of an application for the renewal of a licence, the person applying must also include written proof to the Commission 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 Commission may impose, any lesser period approved by the Commission. S. 221ZB(4) inserted by No. 75/1998 s. 9(2). (4) If required by the Commission, 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 Commission.
S. 221ZB(5) inserted by No. 36/2008 s. 19(2). (5) The Commission 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 inserted by No. 39/1996 s. 5. 221ZC Commission may require further information s. 221ZC S. 221ZC(1) amended by No. 75/1998 s. 5(b). (1) The Commission 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 No. 75/1998 s. 5(b). (2) The Commission 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 No. 75/1998 s. 5(b). (1) The Commission 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 No. 75/1998 s. 5(b). (2) However, the Commission may refuse to renew the licence or registration of a person who has, since he or she was last licensed or registered by the Commission — (a) been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or
(e) contains any other details in relation to the work required by the certificate form. 120 penalty units. S. 221ZI(2) inserted by No. 75/1998 s. 11(2), amended by No. 33/2010 s. 42. (2) A licensed plumber must not state under subsection (1)(b) that work was carried out under his or her supervision unless the person who carried out the work was authorised to carry out the work under this Part. 120 penalty units. S. 221ZJ inserted by No. 39/1996 s. 5. 221ZJ Details on certificates must be accurate s. 221ZJ A licensed plumber must not sign a compliance certificate in relation to any plumbing work if the plumber knows, or ought reasonably to know, that the certificate contains any misstatement of fact. 60 penalty units. S. 221ZK inserted by No. 39/1996 s. 5. 221ZK Only licensed plumbers may sign certificates A person must not— S. 221ZK(a) amended by No. 75/1998 s. 5(b). (a) sign a compliance certificate form issued by, or on behalf of, the Commission unless he or she is a licensed plumber; or S. 221ZK(b) amended by No. 75/1998 s. 5(b). (b) sign a document that has not been issued by, or on behalf of, the Commission and that purports to be a compliance certificate. 60 penalty units. S. 221ZKA inserted by No. 96/2004 s. 16. 221ZKA Issue of certificates by the Commission (1) The Commission may authorise a person to issue and sign a compliance certificate on its behalf if plumbing work in respect of which a compliance certificate must be issued under section 221ZH is completed and the licensed plumber who carried out the work—
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 (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 No. 75/1998 s. 5(b). (a) he or she has advised the Commission in the manner specified by the Commission of the time at which the work will be ready for inspection; and
(b) if an application to review it has been lodged, on the application being abandoned or on the Victorian Civil and Administrative Tribunal dismissing the application or affirming the declaration. S. 221ZZN(9) amended by Nos 75/1998 s. 5(b), 28/2000 s. 20(c). (9) If a person applies to the Victorian Civil and Administrative Tribunal for the review of a declaration, the Commission must give the person its written reasons for the declaration as soon as possible after the application is lodged. S. 221ZZO inserted by No. 39/1996 s. 5. 221ZZO Modification of plumbing regulations s. 221ZZO S. 221ZZO(1) amended by No. 75/1998 s. 5(b). (1) The Commission may declare that a provision of the plumbing regulations does not apply, or applies with specified variations, to specified plumbing work. (2) A declaration under this section overrides the plumbing regulations and must be given effect to with respect to the specified plumbing work as if those regulations had been amended to accord with the declaration. (3) An application for a declaration may be made by— (a) the owner or occupier of a building or land; (b) a licensed or registered plumber; (c) a plumbing inspector or compliance auditor; S. 221ZZO (3)(d) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 21.3). (d) a Department Head within the meaning of the Public Administration Act 2004; (e) a public authority.
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 No. 75/1998 s. 5(b). (2) The Commission is to determine in its absolute discretion what plumbing work is to be examined by a compliance auditor. S. 221ZZZA inserted by No. 39/1996 s. 5 , amended by No. 34/1997 s. 22(2). 221ZZZA Powers of compliance auditors s. 221ZZZA S. 221ZZZA(1) inserted by No. 34/1997 s. 22(1). (1) In carrying out his or her functions under this Part, a compliance auditor may— S. 221ZZZA(1)(a) substituted by No. 31/2007 s. 13(1). (a) enter any residence or the land on which a residence is situated— (i) between the hours of 8 a.m. and 6 p.m.; or (ii) at any other time with the written consent of the occupier of the residence or land; and (b) enter any other building or land at any reasonable time. S. 221ZZZA(1A) inserted by No. 31/2007 s. 13(2). (1A) A compliance auditor must, before obtaining a consent under subsection (1)(a)(ii), inform the occupier of the residence or land of the compliance auditor's reason for entering the residence or land. S. 221ZZZA(2) inserted by No. 34/1997 s. 22(1), substituted by No. 31/2007 s. 13(3). (2) A compliance auditor must give the occupier (if any) of a building or land not less than 24 hours notice, or such other notice as may be agreed with the occupier, before the compliance
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). 10 penalty units. S. 221ZZZBA inserted by No. 75/1998 s. 16. 221ZZZBA Inspector may require plumber to attend inspection s. 221ZZZBA (1) A plumbing inspector may require a person who is, or was, a licensed or registered plumber, to attend any inspection of any work that the inspector is examining that was carried out or supervised by the person. (2) The person must comply with the requirement. 10 penalty units. S. 221ZZZC inserted by No. 39/1996 s. 5. 221ZZZC Additional powers of plumbing inspectors (1) Part 13 applies to caravans and vessels as if a caravan or vessel was a building and the occupant of the caravan or vessel was its occupier. (2) After entering any land or building under Part 13, a plumbing inspector or compliance auditor may— (a) inspect and test any plumbing work on or in that land or building; (b) if it is reasonable or necessary for the purpose of such an inspection or test— (i) isolate that land or building from any water or gas supply; (ii) connect or reconnect that land or building to a water or gas supply; (iii) dismantle and re-assemble the work. (3) In this section— caravan includes any form of movable dwelling other than a boat or houseboat;
(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
S. 231D inserted by No. 34/1997 s. 26. 231D Copy of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at a building or land when a search warrant is being executed, the authorised person must— (a) identify himself or herself to that person by producing his or her identity card for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. S. 231E inserted by No. 34/1997 s. 26. 231E Powers of authorised persons on entry (1) An authorised person who exercises a power of entry of a building or land under section 231 or 231B may if the thing searched for is found during the search— (a) inspect and take photographs (including video recordings), or make sketches, of the building or land or the thing; and (b) inspect, and make copies of, or take extracts from, the thing if it is a document. (2) An authorised person who exercises a power of entry of a building or land under section 229 may inspect and take photographs (including video recordings), or make sketches of the building or land or the building work or plumbing work concerned. S. 231F inserted by No. 34/1997 s. 26. 231F Powers of authorised person to require information or documents (1) An authorised person who exercises a power of entry of a building or land under this Division may, to the extent that it is reasonably necessary to determine compliance with this Act or the regulations, require a person at the building or land—
S. 241B inserted by No. 36/2002 s. 15. 241B Report of inspector is evidence A copy of a report of an inspector given to the Commission under section 48 of the Contracts Act 1995 relating to an unregistered builder, is evidence in any proceeding against the builder under this Act or the regulations. 242 Application of penalties (1) If an offence has been prosecuted by a person authorised by a council, all penalties recovered in relation to the offence must be paid into the municipal fund of that council. (2) If an offence has been prosecuted by the Commission or a person authorised by the Minister, the Commission or the Building Practitioners Board, all penalties recovered in relation to the offence must be paid into the Building Administration Fund. S. 242(3) inserted by No. 39/1996 s. 8(5), amended by No. 75/1998 s. 5(g). (3) If an offence has been prosecuted by, or on behalf of, the Plumbing Industry Commission, all penalties recovered in relation to the offence must be paid into the fund established under section 221ZZZR. 243 Offences by bodies corporate s. 243 If a body corporate is guilty of an offence against this Act or the regulations, any person who is concerned in or takes part in the management of the body corporate who was in any way, by act or omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of that offence. 244 Offence to obstruct
1 Form of application An application must— Sch. 2 cl. 1(a) substituted by No. 66/2004 s. 9(4). (a) contain the prescribed information; and (b) contain any matters, and be accompanied by any documents, prescribed for the purposes of this clause; and Sch. 2 cl. 1(c) amended by No. 71/1995 s. 24. (c) be accompanied by the fees— (i) determined by the council in accordance with the Local Government Act 1989; or (ii) in the case of an application to a private building surveyor, determined by the private building surveyor; and Sch. 2 cl. 1(d) inserted by No. 71/1995 s. 24, amended by No. 28/2000 s. 17(1). (d) be accompanied by the appropriate prescribed lodgement fee (if any); and Sch. 2 cl. 1(e) inserted by No. 28/2000 s. 17(1), amended by Nos 68/2001 s. 13(2)(a), 66/2004 s. 20(1). (e) if the relevant building surveyor is required to give a copy of the application to an authority which is a reporting authority, be accompanied by the relevant fees (if any) fixed by the reporting authority under clause 4 for payment to the reporting authority. 2 Building surveyor may request more information (1) The relevant building surveyor may require an applicant to provide additional information or
Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 4) on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Building Act 1993 Victorian Urban Development Authority (Amendment) Act 2006, No. 35/2006 Assent Date: 13.6.06 Commencement Date: Ss 9–11 on 1.9.06: s. 2(2) : This information relates only to provision/s amending the Building Act 1993 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 6) on 11.10.06: s. 2(1) : This information relates only to the provision/s amending the Building Act 1993 Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 3) on 27.6.07: s. 2(1) : This information relates only to the provision/s amending the Building Act 1993 Building Amendment (Plumbing) Act 2007, No. 31/2007 Assent Date: 24.7.07 Commencement Date: Ss 3–21 on 1.1.08: s. 2(2) : All of Act in operation Building Amendment Act 2007, No. 54/2007 Assent Date: 7.11.07 Commencement Date: Ss 3–11 on 8.11.07: s. 2 : All of Act in operation Motor Car Traders Amendment Act 2008, No. 4/2008 Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 2) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Building Act 1993 Building Amendment Act 2008, No. 36/2008 Assent Date: 26.8.08 Commencement Date: Ss 16–25 on 1.1.09: Government Gazette 18.12.08 p. 2998; ss 3–15, 26, 27 on 1.9.09: s. 2(2) : All of Act in operation Endnotes Public Health and Wellbeing Act 2008, No. 46/2008