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; 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
public authority means a body established for a public purpose by or under an Act and includes a council; public entertainment means an entertainment or meeting to which admission may ordinarily be gained by members of the public; registered building practitioner means a building practitioner registered under Part 11; S. 3(1) def. of relevant building surveyor amended by No. 34/2013 s. 17(b). relevant building (a) in relation to an application to, or permit, approval, inspection, direction, notice or order issued or given by, a municipal building surveyor, means the municipal building surveyor; and (b) in relation to an application to, or permit, approval, inspection, direction, notice or order issued or given by, a private building surveyor, means the private building surveyor; and (c) in relation to the carrying out by the Authority of the functions of a municipal building surveyor or a function specified in section 205P, means the Authority; and (d) in relation to the carrying out by a building surveyor authorised under section 191, 192 or 221 of the functions of a municipal building surveyor, means the authorised building surveyor; relevant council, in relation to a building or land, means the council of the municipal district in which the building or land is situated;
temporary structure includes— (a) a booth, tent, marquee or other temporary enclosure, whether or not a part of the booth, tent, marquee or enclosure is permanent; or (b) a seating structure whether enclosed or not, including a mobile seating structure; S. 3(1) def. of VBA Board inserted by No. 34/2013 s. 3(a). VBA Board means the Victorian Building Authority Board established under section 200. (2) In Part 7 a reference to the owner is a reference to the owner of land on which building work is proposed to be or is carried out. S. 4 amended by Nos 39/1996 s. 4, 85/2000 s. 4, substituted by No. 54/2007 s. 4. 4 Objectives of Act (1) The objectives of this Act are— (a) to protect the safety and health of people who use buildings and places of public entertainment; (b) to enhance the amenity of buildings; (c) to promote plumbing practices which protect the safety and health of people and the integrity of water supply and waste water systems; (d) to facilitate the adoption and efficient application of— (i) national building standards; and (ii) national plumbing standards; (e) to facilitate the cost effective construction and maintenance of buildings and plumbing systems;
building product, construction method, design, component or system connected with the building work is unsatisfactory if the product, method, design, component or system is accredited by the Building Regulations Advisory Committee or a prescribed person or body and it complies with that accreditation. S. 15A inserted by No. 68/2001 s. 6. 15A Building regulations with respect to swimming pools and spas (1) The Governor in Council may make regulations for or with respect to— (a) the construction, installation, maintenance and operation of swimming pools and spas and associated services; and (b) the construction, installation, maintenance, operation and use of— (i) equipment associated with swimming pools and spas, including safety equipment; and (ii) swimming pool barriers and spa barriers and associated services. (2) Despite section 262(f), regulations made under subsection (1) may impose penalties not exceeding 50 penalty units for a contravention of those regulations. Division 1—Building permit required
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 building permit in respect of that building work unless he or she is satisfied that— S. 24(5)(a) amended by No. 101/2004 s. 11. (a) that amount of levy has been paid to the relevant collecting agency under that Part; or (b) an agreement to pay that amount of levy has been entered into under that Part. S. 24A inserted by No. 66/2004 s. 6. 24A Further limitations on issue of building permit (1) The relevant building surveyor may consider an application for a building permit for building work that is not domestic building work but must not issue the permit unless he or she is satisfied that— (a) each building practitioner to be engaged in the building work is registered under Part 11; and
permit is consistent with any relevant planning permit, consider the requirements of the relevant planning scheme as amended by the amendment. Division 5—Register and records 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(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. S. 30A inserted by No. 15/2016 s. 47 30A Authority may approve checklist of documents to be certified (1) The Authority may approve a checklist of all documents required under section 30 to be given to the relevant council by the relevant building surveyor. (2) The Authority must publish the approved checklist on the Authority's website.
S. 37C inserted by No. 15/2016 s. 49. 37C Method of giving directions A direction to fix building work may be given as— (a) an oral direction to either or both of the following persons— (i) the builder; (ii) the person who is apparently in charge of the site on which the building work is being carried out; or (b) a written direction to the builder. S. 37D inserted by No. 15/2016 s. 49. 37D Written direction if oral direction not complied with (1) This section applies if an oral direction to fix building work has been given under this Division. (2) The relevant building surveyor or authorised person must give the builder a written direction to fix building work if the relevant building surveyor or authorised person is not satisfied at the end of the prescribed period after the oral direction was given that the building work complies with this Act, the building regulations or the building permit issued in relation to the building work. (3) In this section— prescribed period means— (a) the period prescribed by the regulations (if any); or (b) if a period is not prescribed, 7 days. S. 37E inserted by No. 15/2016 s. 49. 37E Requirements of directions to fix building work A direction to fix building work may require the relevant person to do all or any of the following— (a) carry out work so that the building work complies wholly or substantially with this Act, the building regulations and the building
600 penalty units, in the case of a body corporate. S. 40 amended by No. 34/1997 s. 7(1). 40 Occupation must be in accordance with permit S. 40(1) amended by No. 33/2010 s. 9. (1) A person must not occupy a building in contravention of the current occupancy permit or permits issued under this Division for the building. 120 penalty units, in the case of a natural person. 600 penalty units, in the case of a body corporate. S. 40(2) inserted by No. 34/1997 s. 7(2). (2) Subsection (1) does not apply to a person who occupies a building in accordance with an approval given under Division 3. 41 Applications for occupancy permits An application for an occupancy permit required by a building permit must be made to the relevant building surveyor— (a) by or on behalf of the owner of the building or the owner of the land, in or on which the building work has been carried out; or
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 under Part 4 of the certificate of final inspection of the building work. S. 134A inserted by No. 39/1996 s. 6. 134A Limitation on time when plumbing action may be brought Despite anything to the contrary in the Limitation of Actions Act 1958 or in any other Act or law, if a compliance certificate is issued in respect of plumbing work under Part 12A, an action (including a counter-claim) for damages for loss or damage arising out of or concerning any defects in the work cannot be brought more than 10 years after the date of issue of the certificate.
Division 3—Insurance S. 135 substituted by No. 91/1995 s. 139. 135 Order requiring insurance (1) The Minister may, by order published in the Government Gazette— (a) require building practitioners in specified categories or classes of building practitioners or any part of a class or category of building practitioners to be covered by insurance; and (b) require specified classes of persons to whom section 137B or 137D applies to be covered by insurance for the purposes of that section; and (c) specify the kinds and amount of insurance by which building practitioners and persons in each specified category or class or part of a category or class are required to be covered. S. 135(2) amended by No. 36/2002 s. 9(1). (2) An order under subsection (1) or subsection (4) must state the date of taking effect of the order which must not be earlier than one month after the date of publication of the order in the Government Gazette. (3) The Minister may in a particular case vary any excess specified in an order under subsection (1) if the Minister is satisfied that it is appropriate to do so. S. 135(4) substituted by No. 36/2002 s. 9(2). (4) The Minister may, by order published in the Government Gazette, amend or revoke an order made under subsection (1). (5) The Minister may consult with the Building Practitioners Board before making an order under this section.
S. 143 amended by No. 66/2004 s. 10, repealed by No. 34/2013 s. 21. * * * * * 144 Appeals—Building regulations If the building regulations leave a matter to be determined or approved by a person or body or confer a similar discretion on a person or body, the owner of the building or land who requests the determination to be made, approval to be given, or discretion to be exercised may appeal to the Building Appeals Board against— (a) that determination or approval or the exercise of that discretion; or (b) the failure within a reasonable time, or refusal to make that determination, give that approval or exercise that discretion. S. 144A inserted by No. 15/2002 s. 53. 144A Appeals—Building and Construction Industry Security of Payment Act 2002 S. 144A(1) amended by No. 34/2013 s. 34(Sch. 1 item 15). (1) A person may appeal to the Building Appeals Board against a decision of the Authority under section 42 of the Building and Construction Industry Security of Payment Act 2002— (a) to refuse an application by the person for an authority to nominate adjudicators for the purposes of that Act; or (b) to withdraw the person's authority to nominate adjudicators for the purposes of that Act. S. 144A(2) amended by No. 34/2013 s. 34(Sch. 1 item 15). (2) A person may appeal to the Building Appeals Board against a decision of the Authority under
S. 160(3)(c) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 21.1). (c) a Department Head within the meaning of the Public Administration Act 2004; or (d) a public authority; or (e) a municipal building surveyor. S. 160(4) inserted by No. 5/2011 s. 4. (4) An application must not be made under this section in relation to an access provision of the building regulations within the meaning of section 160B. S. 160A inserted by No. 34/1997 s. 11. 160A Application for determination in respect of building design (1) An application may be made to the Building Appeals Board for a determination that a particular design of a building or an element of a building complies with this Act, the building regulations or any document applied, adopted or incorporated in the building regulations. (2) The application may be made by— (a) the owner of the building or land; or (b) the purchaser under a contract of sale of a lot of a kind referred to in section 9AA(1) of the of Land Act 1962; or (c) the relevant building surveyor; or S. 160A(2)(d) amended by No. 34/2013 s. 34(Sch. 1 item 18). (d) the Authority.
S. 165(1)(c) repealed by No. 85/1998 s. 24(Sch. item 6.2). * * * * * (2) On an application under this section, the Registrar of Titles must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the application and may dispense with the production of any relevant certificate of title or other instrument. S. 165(3) amended by No. 85/1998 s. 24(Sch. item 6.3). (3) Once an agreement is recorded in the Register under the Transfer of Land Act 1958— (a) the burden of any covenant in the agreement (whether positive or negative) runs with the land, even though there may be no land benefited by the covenant; and (b) any covenant in the agreement may be enforced as a restrictive covenant and binds the owner of the land and the owner's successors in title. S. 165(4) inserted by No. 85/1998 s. 24(Sch. item 6.4). (4) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant in an agreement entered into under section 163 or 164 and registered under the Property Law Act 1958 and existing immediately before the commencement of that section 24. Division 6—The Building Appeals Board 166 Establishment and membership of Building Appeals Board
S. 186A inserted by No. 34/1997 s. 14, amended by No. 18/1998 s. 5 (ILA s. 39B(1)). 186A Delegation (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 (1) Subject to subsections (2) and (3), Parts 1 and 2 of Schedule 3 apply to the membership and procedure of the Building Practitioners Board. S. 187(2) substituted by No. 34/1997 s. 15. (2) Clause 8 of Schedule 3 applies to the Building Practitioners Board— (a) only in respect of its functions under Division 2 of this Part; and (b) as if that clause requires that one of the members of the panel is to be the member of the Board appointed in respect of the category of registered building practitioner to which the person who is the subject of the Board's inquiry belongs; and (c) otherwise in the same way as it applies to the Building Appeals Board. (3) Clause 15 of Schedule 3 applies to the Building Practitioners Board in the same way as it applies to the Building Appeals Board.
S. 188(2A) inserted by No. 91/1995 s. 152, amended by No. 52/1998 s. 311(Sch. 1 item 10.9). (2A) Guidelines relating to the fees chargeable under Part 11 in respect of domestic builders may take into account the costs and expenses incurred in the administration and enforcement of the Contracts Act 1995 and the regulations under that Act. (3) The guidelines must be published in the Government Gazette. (4) A council or private building surveyor, in determining fees for applications for permits, may have regard to the guidelines under subsection (1)(a) about those fees. (5) The Building Practitioners Board, in determining fees under Division 1 of Part 11, must have regard to the guidelines under subsection (1)(a) about those fees. S. 188(6) amended by No. 34/2013 s. 34(Sch. 1 item 26). (6) The Authority must have regard to the guidelines under subsection (1)(b) in fixing charges for the provision of services. (7) A municipal building surveyor or private building surveyor must have regard to any relevant guideline under subsection (1)(c) or (d) in carrying out a function under this Act or the regulations. S. 188A inserted by No. 30/2001 s. 3. 188A Decision guidelines on design and siting of single dwellings (1) The Minister may from time to time issue guidelines relating to the design and siting of single dwellings. (2) Without limiting subsection (1), these matters may include— (a) matters relating to the consideration of neighbourhood character and amenity and the acceptability of the design and siting of the proposed dwelling in the neighbourhood;
Subdivision 5—Specific powers of Authority relating to building surveyors S. 205L inserted by No. 34/2013 s. 4. 205L Referral of matters to Building Practitioners Board The Authority may refer to the Building Practitioners Board any matter concerning a registered building surveyor that comes to the Authority's notice and is within the Board's jurisdiction. S. 205M inserted by No. 34/2013 s. 4. 205M Directions and recommendations in relation to building surveyors (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. S. 205M(4) substituted by No. 15/2016 s. 42. (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 stating— (a) the Authority's intention; and
211 Functions of Committee The following are the functions of the Building Regulations Advisory Committee— S. 211(a) amended by No. 54/2007 s. 11(2). (a) to advise the Minister on draft regulations prepared under this Act, and in particular the extent to which they promote the objectives of this Act, are cost effective and are necessary; (b) to accredit building products, construction methods or designs, components or systems connected with building work for the purposes of this Act and the building regulations; (c) to advise the Minister on any matter referred to it by the Minister; (d) any other functions conferred by or under this or any other Act. Pt 12 Div. 4A (Heading and ss 211A–211C) inserted by No. 34/2013 s. 6. Division 4A—Plumbing Advisory Council S. 211A inserted by No. 34/2013 s. 6. 211A Establishment of Council There continues to be a Plumbing Advisory Council. S. 211B inserted by No. 34/2013 s. 6. 211B Membership and procedure (1) The members of the Plumbing Advisory Council are to be appointed by the Minister. (2) Of those members— (a) one is to be a person with substantial knowledge and experience in relation to the plumbing industry, appointed as chairperson by the Minister; and
(a) the person applies for provisional registration in accordance with section 221T and he or she— (i) is training to be qualified to carry out that class of work; and (ii) is a licensed or registered plumber with respect to another class of plumbing work; or S. 221P(1)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 41). (b) the Authority is satisfied that the person— (i) has sufficient knowledge and experience to carry out that class of work competently and safely; or S. 221P(1) (b)(ii) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 41). (ii) will be able to carry out that work competently and safely if the person complies with the conditions that the Authority imposes on the registration. S. 221P(2) amended by Nos 75/1998 s. 5(b), 36/2008 s. 16, 34/2013 s. 34(Sch. 1 item 41). (2) A person who is provisionally registered must not, unless otherwise exempted by the Authority, do any plumbing work or specialised plumbing work of the class to which the provisional registration applies unless that work is carried out under the supervision of a person who is licensed to carry out work of that class. 20 penalty units. S. 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. 221S(1) amended by Nos 75/1998 s. 5(b), 31/2007 s. 8, 34/2013 s. 34(Sch. 1 item 45). (1) Despite sections 221M(2), 221N(2), 221O(2) and 221OA(2), the Authority may refuse to license or register a person who— (a) has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or (b) has been convicted of an offence under any law regulating plumbing work or specialised plumbing work; or (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). (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.
(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), amended by No. 34/2013 s. 34(Sch. 1 item 46). (4) If required by the Authority, an application must also be accompanied by a photograph of the applicant that is of the size and in the form specified by the Authority. S. 221T(5) inserted by No. 36/2008 s. 19(1), amended by No. 34/2013 s. 34(Sch. 1 item 46). (5) The Authority 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 (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 47). S. 221U inserted by No. 39/1996 s. 5. 221U Authority may require further information S. 221U(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 48). (1) The Authority may ask a person applying to be licensed or registered for more information concerning the application if it is reasonably necessary to help it to decide whether to grant the application. S. 221U(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 48). (2) The Authority may refuse to license or register a person if he or she does not give it the extra information asked for within a reasonable time of being asked for the information.
S. 221W(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 50). (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. 221W(4)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 50). (b) on the Authority approving or rejecting the person's application for licensing or registration; or S. 221W(4)(c) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 50). (c) on the Registrar or Authority cancelling the licence or registration under subsection (3)— whichever happens first. S. 221X (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 51). S. 221X inserted by No. 39/1996 s. 5. 221X Authority may impose conditions on licensing or registering person S. 221X(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 52). (1) The Authority may impose any conditions it thinks appropriate on licensing or registering a person, including a condition restricting the type of work a person may carry out within a class of work in respect of which the person is to be licensed or registered. (2) A person must comply with any conditions imposed on his or her licence or registration.
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 (b) registration that is to remain in force for less than 3 years— is reduced to take account of the shorter period for which that licensing or registration is to remain in force. S. 221Z(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 53). (5) Subsections (1), (2) and (3) do not apply if the Authority suspends or cancels a person's licence or registration under this Part. S. 221ZA (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 54). S. 221ZA inserted by No. 39/1996 s. 5, amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 55). 221ZA Plumbers must notify Authority of change of contact details A licensed or registered plumber must notify the Authority in writing if he or she changes his or her residential or business address or has his or her business telephone number changed, and must do so within 14 days of the change. 5 penalty units. S. 221ZB inserted by No. 39/1996 s. 5. 221ZB Application for renewal of licence or registration as a plumber
S. 221ZZK(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 80). (1) If an owner or occupier fails to comply with a plumbing order or emergency plumbing order, the Authority or the plumbing inspector who issued the order may cause the work required by the order to be carried out. S. 221ZZK(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 80). (2) The Authority may recover any costs incurred in carrying out the work from the owner or occupier (as the case may be) in a court of competent jurisdiction as a debt due to the Authority. S. 221ZZL inserted by No. 39/1996 s. 5. 221ZZL Police assistance S. 221ZZL(1) amended by No. 37/2014 s. 10(Sch. item 9.2). (1) A plumbing inspector may ask for the help of a police officer, and a police officer may help— (a) in evacuating land or a building in accordance with an emergency plumbing order; or S. 221ZZL (1)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 81). (b) in removing people from land or a building on or in which the work is being carried out in accordance with a plumbing order or an emergency plumbing order by the inspector or a person asked to carry out the work by the inspector or the Authority. S. 221ZZL(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). Division 8—Interpretation and modification of plumbing regulations
S. 221ZZM inserted by No. 39/1996 s. 5. 221ZZM Meaning of plumbing regulations In this Division, plumbing regulations means— (a) any regulations made under section 221ZZZV(1)(a) or (g)(i); or S. 221ZZM(b) amended by No. 99/1997 s. 121(6). (b) any regulation (other than any regulation made under the Gas Safety Act 1997), local law or by-law that applies, or that applied at a material time, to plumbing work. S. 221ZZN (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 82). S. 221ZZN inserted by No. 39/1996 s. 5. 221ZZN Authority may resolve disputes concerning interpretation of plumbing regulations (1) This section applies if there is a dispute about the application or effect of any provision of the plumbing regulations, or whether any provision of the plumbing regulations is, or has been, complied with, and the dispute is between all or any of the following— (a) the owner or occupier of a premises on which plumbing work is being, has been or is about to be, carried out; (b) the licensed or registered plumber who is carrying out, carried out, or is about to carry out, that work; (c) any person who acts on behalf of the owner or occupier of the premises; (d) a plumbing inspector or compliance auditor. S. 221ZZN(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 83). (2) One or more of the parties to the dispute may apply to the Authority for a declaration as to the application or effect of the provision of the plumbing regulations or whether the provision of the plumbing regulations is, or has been, complied with.
S. 221ZZZN (1)(b) amended by Nos 75/1998 s. 5(c), 34/2013 s. 34(Sch. 1 item 104). (b) a reference to the Building Appeals Board was a reference to the Victorian Building Authority. S. 221ZZZO inserted by No. 39/1996 s. 5, repealed by No. 75/1998 s. 5(d). * * * * * Division 12—Review of decisions S. 221ZZZP inserted by No. 39/1996 s. 5, amended by No. 52/1998 s. 311(Sch. 1 items 10.12(a), 10.13) (ILA s. 39B(1)). 221ZZZP Review by VCAT S. 221ZZZP(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105). (1) A person may apply to the Victorian Civil and Administrative Tribunal for the review of a decision by the Authority in relation to— S. 221ZZZP (1)(a) amended by No. 34/1997 s. 30(c). (a) a refusal to license or register him or her or to renew his or her licence or registration; S. 221ZZZP (1)(b) amended by No. 34/1997 s. 30(c). (b) any conditions imposed on his or her licence or registration;
S. 221ZZZP (1)(c) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105). (c) any disciplinary action taken against the person by the Authority (including any action taken under section 221ZV(4)); S. 221ZZZP (1)(d) repealed by No. 52/1998 s. 311(Sch. 1 item 10.12(b)). * * * * * S. 221ZZZP(2) inserted by No. 52/1998 s. 311(Sch. 1 item 10.13), amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105). (2) A party to a dispute under section 221ZZN may apply to the Victorian Civil and Administrative Tribunal for review of a declaration of the Authority under that section. S. 221ZZZP(3) inserted by No. 52/1998 s. 311(Sch. 1 item 10.13), amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105). (3) A person may apply to the Victorian Civil and Administrative Tribunal for review of a declaration of the Authority under section 221ZZO. S. 221ZZZQ inserted by No. 39/1996 s. 5, repealed by No. 52/1998 s. 311(Sch. 1 item 10.14). * * * * * Division 13—Administrative matters
S. 221ZZZR inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 5(b)(e), repealed by No. 34/2013 s. 29. * * * * * S. 221ZZZS inserted by No. 39/1996 s. 5, repealed by No. 75/1998 s. 5(d), new s. 221ZZZS inserted by No. 85/2000 s. 10, amended by Nos 68/2001 s. 3(3), 46/2008 s. 248(7), 29/2010 s. 48(2), repealed by No. 34/2013 s. 30. * * * * * S. 221ZZZT inserted by No. 39/1996 s. 5. 221ZZZT Register of Plumbers (1) The Registrar must keep a register that contains the details required by subsection (2) in respect of all people who are— S. 221ZZZT (1)(a) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 106). (a) licensed by the Authority;
(3) The Registrar may keep the register in any form he or she considers to be appropriate (including in an electronic or mechanical form). (4) The Registrar must remove from the register the details of any person who has not held a current licence or registration within the last 2 years. (5) A certificate certifying as to any matter relating to the contents of the register and purporting to be signed by the Registrar is evidence of the facts stated in the certificate. S. 221ZZZU inserted by No. 39/1996 s. 5. 221ZZZU Minister may specify work to be specialised plumbing work (1) The Minister may declare any form of work that requires specialised plumbing skill or knowledge to be carried out safely and competently to be specialised plumbing work for the purposes of this Part. (2) A declaration takes effect on the date it is published in the Government Gazette, or on any later date specified in the declaration. S. 221ZZZU(3) amended by Nos 75/1998 s. 5(b), 31/2007 s. 16, substituted by No. 33/2010 s. 47. (3) In making a declaration the Minister must specify— S. 221ZZZU (3)(a) amended by No. 34/2013 s. 34(Sch. 1 item 107). (a) a class or classes of plumbing work or specialised plumbing work in respect of which a person must be licensed or registered to be able to be licensed or registered by the Authority to carry out the specialised plumbing work declared by the declaration; and
(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. (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) the building; or (b) a place of public entertainment; or
immunity under section 127, as in force immediately before the commencement day, in relation to anything done before the commencement day continues to apply to the Commissioner or person. 18 Plumbing fund On the commencement day, all amounts standing to the credit of the plumbing fund immediately before the commencement day are credited to the Plumbing account of the Victorian Building Authority Fund. Part 4—Miscellaneous 19 Appointment of first chief executive officer of Authority (1) Despite section 203, the first chief executive officer of the Authority is to be a person appointed by the Minister. (2) The first chief executive officer is to hold office on the terms and conditions determined by the Minister. (3) Before appointing the first chief executive officer, the Minister must consult with the Minister for Finance and the Minister for Consumer Affairs. (4) The Minister may remove the first chief executive officer from office. (5) Section 203(2), (4) and (5) apply in relation to the first chief executive officer as if the first chief executive officer had been appointed under section 203. 20 Registrar of Titles to amend Register The Registrar of Titles, on being requested to do so and on submission of any relevant certificate of title or other document, must make any
Assent Date: 25.11.97 Commencement Date: S. 23 on 25.11.97: s. 2(1) : This information relates only to the provision/s amending the Building Act 1993 Vocational Education and Training (Training Framework) Act 1997, No. 80/1997 Assent Date: 25.11.97 Commencement Date: S. 55(Sch. 1 item 1) on 1.1.98: Government Gazette 18.12.97 p. 3614 : This information relates only to the provision/s amending the Building Act 1993 Alpine Resorts (Management) Act 1997, No. 89/1997 Assent Date: 9.12.97 Commencement Date: S. 70 on 30.4.98: Government Gazette 30.4.98 p. 926 : This information relates only to the provision/s amending the Building Act 1993 Gas Safety Act 1997, No. 99/1997 Assent Date: 16.12.97 Commencement Date: S. 121 on 1.2.99: Government Gazette 21.1.99 p. 80 : This information relates only to the provision/s amending the Building Act 1993 Residential Tenancies Act 1997, No. 109/1997 Assent Date: 23.12.97 Commencement Date: S. 533(Sch. 2 item 1.1) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Building Act 1993 Building (Amendment) Act 1998, No. 18/1998 Assent Date: 5.5.98 Commencement Date: Ss 3–9 on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 2; ss 10, 11 on 1.7.99: s. 2(3) : This information relates only to the provision/s amending the Building Act 1993 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Building Act 1993 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 6) on 24.4.02: s. 2(1) : This information relates only to the provision/s amending the Building Act 1993 Building and Construction Industry Security of Payment Act 2002, No. 15/2002 Assent Date: 14.5.02 Commencement Date: S. 53 on 31.1.03: s. 2(2) : This information relates only to the provision/s amending the Building Act 1993 Contracts (Conciliation and Dispute Resolution) Act 2002, No. 36/2002 Assent Date: 18.6.02 Commencement Date: Ss 9, 10(1)–(3), 11–15 on 1.7.02: s. 2(2); s. 10(4) on 31.5.03: s. 2(3) : This information relates only to the provision/s amending the Building Act 1993 Fair Trading (Amendment) Act 2003, No. 30/2003 Assent Date: 27.5.03 Commencement Date: S. 82 on 28.5.03: s. 2(1) : This information relates only to the provision/s amending the Building Act 1993 Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003, No. 60/2003 Assent Date: 16.6.03 Commencement Date: Ss 17, 18 on 1.1.04: Government Gazette 18.12.03 p. 3208 : This information relates only to the provision/s amending the Building Act 1993 Wrongs and Other Acts (Law of Negligence) Act 2003, No. 102/2003 Assent Date: 2.12.03 Commencement Date: Ss 41, 42 on 1.1.04: Government Gazette 18.12.03 p. 3208 : This information relates only to the provision/s amending the Building Act 1993 Architects (Amendment) Act 2004, No. 35/2004 (as amended by No. 66/2004) Assent Date: 8.6.04 Commencement Date: Ss 34–37 on 14.6.05: Government Gazette 5.5.05 p. 851 : This information relates only to the provision/s amending the Building Act 1993 Building (Amendment) Act 2004, No. 66/2004
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 Public Health and Wellbeing Act 2008, No. 46/2008 Assent Date: 2.9.08 Commencement Date: Ss 248, 271 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Building Act 1993 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 13) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Building Act 1993 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 7) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Building Act 1993 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010 Assent Date: 1.6.10 Commencement Date: Ss 14, 15 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1 : This information relates only to the provision/s amending the Building Act 1993 Health and Human Services Legislation Amendment Act 2010, No. 29/2010 Assent Date: 8.6.10 Commencement Date: S. 48 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 : This information relates only to the provision/s amending the Building Act 1993 Building Amendment Act 2010, No. 33/2010 Assent Date: 15.6.10 Commencement Date: Ss 3–38, 41–46, 49–53 on 16.7.10: Government Gazette 15.7.10 p. 1579; ss 39, 40, 47, 48 on 1.3.11: s. 2(3) : This information relates only to the provision/s amending the Building Act 1993 Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010
that contravention is taken to have been a contravention by the registered building practitioner for the purposes of section 179. Subdivision 3—Immediate suspension of registration 180 Grounds for immediate suspension A ground for the immediate suspension of the registration of a registered building practitioner exists if— (a) the practitioner is insolvent under administration or is an officer of a body corporate that is insolvent under administration; or (b) the practitioner has contravened— (i) a prescribed provision of this Act or the regulations; or (ii) a prescribed provision of the Domestic Building Contracts Act 1995 or the regulations under that Act; or (iii) a prescribed Act or law or a prescribed provision of a prescribed Act or law; or (c) the practitioner has been convicted of an indictable offence involving fraud, dishonesty, drug trafficking or violence; or (d) the practitioner has ceased to be covered by the required insurance; or (e) the practitioner does not comply or no longer complies with a condition prescribed under section 170(1)(d)