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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Building (Further Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
PART 2--REGULATION OF PLACES OF PUBLIC
ENTERTAINMENT AND TEMPORARY STRUCTURES 3
3. Transfer of responsibility 3
4. Insertion of Division 2A into Part 5 3
Division 2A--Temporary Structures Permits 3
63A. Prescribed temporary structure not to be used for
public entertainment without permit 3
63B. Use of prescribed temporary structure must be in
accordance with permit 4
63C. Application for permit 4
63D. Schedule 2 to apply 4
63E. Decision on application for permit 4
63F. Reasons for refusal to be given 5
63G. Special conditions applying to permits 5
63H. More than one permit may be issued 6
63I. Form of permit 6
63J. Effect of permit 6
63K. Commission to be given copy of permit 6
63L. Reporting authority to be notified of certain permits 7
63M. Owner to notify others of permit 7
63N. Inspection of temporary structures 7
63O. Transitional provision concerning existing occupancy
permits 8
5. Consequential amendments 8
6. Modification of inspection powers 10
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Clause Page
PART 3--EMERGENCY ORDERS AND BUILDING NOTICES
AND ORDERS 11
7. Additional definitions 11
8. Substitution of sections 102 and 103 11
102. Emergency orders--builders 11
103. Emergency order--owners and occupiers 12
103A. Requirements concerning emergency orders 13
9. Consequential amendments concerning emergency orders 14
10. Substitution of section 106 14
106. Building notices--builders 14
106A. Building notices--owners and occupiers 15
11. Consequential amendments concerning building notices 17
12. Substitution of section 109 17
109. Representations concerning building notices 17
13. Substitution of section 111 18
111. Building orders--general 18
14. Consequential amendments concerning building orders 19
15. Insertion of section 118A 20
118A. Owner not to commission inconsistent work while
order in force 20
16. Insertion of section 125A 21
125A. Owner to be given copies of all documents 21
17. Consequential amendments concerning appeals 22
PART 4--OTHER MATTERS 24
18. Insertion of section 78A 24
78A. Restriction on who may appoint private building
surveyor 24
19. Insertion of section 80A 24
80A. Private building surveyor to provide information to
owner 24
20. Replacement of inadvertent omission 25
21. Insertion of section 215A 25
215A. Municipal building surveyor may act as a private
building surveyor outside own district 25
22. Clarification concerning the charging of commercial rates 26
ENDNOTES 27
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541260B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 9 May 2002
A BILL
to further amend the Building Act 1993 and for other purposes.
Building (Further Amendment) Act
2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is to amend the Building
Act 1993--
5 (a) to transfer responsibility for the issue of
occupancy permits in relation to places of
public entertainment and temporary
structures from the Building Commission to
building surveyors; and
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Act No.
PART 1--PRELIMINARY MATTERS
s. 2
(b) to provide for temporary structures permits
to replace occupancy permits with respect to
temporary structures; and
(c) to enable emergency orders and building
5 notices and orders to be directed at builders
in appropriate cases; and
(d) to make other changes to improve the
operation of that Act.
2. Commencement
10 (1) This Part and section 20 come into operation on
the day after the day on which this Act receives
the Royal Assent.
(2) Part 2 comes into operation on 1 July 2003.
(3) The remaining provisions of this Act come into
15 operation on 1 January 2003.
_____________________
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Building (Further Amendment) Act 2002
Act No.
PART 2--REGULATION OF PLACES OF PUBLIC ENTERTAINMENT
s. 3
AND TEMPORARY STRUCTURES
PART 2--REGULATION OF PLACES OF PUBLIC
ENTERTAINMENT AND TEMPORARY STRUCTURES
3. Transfer of responsibility
See:
(1) In section 53(1) of the Building Act 1993, omit Act No.
5 "(other than an occupancy permit referred to in 126/1993.
Reprint No. 4
sub-section (2))". as at
8 June 2001
(2) Section 53(2) of the Building Act 1993 is and
repealed. amending
Act Nos
(3) In section 59(2) of the Building Act 1993, omit 26/2001,
30/2001,
10 "(other than a prescribed temporary structure)". 32/2001,
68/2001 and
(4) In section 190(1) of the Building Act 1993, after 11/2002.
LawToday:
"specified building or land" insert "or specified
www.dms.
place of public entertainment". dpc.vic.
gov.au
(5) In section 199 of the Building Act 1993--
15 (a) in sub-section (1)(b), for "Part 8; and"
substitute "Part 8.";
(b) sub-sections (1)(c) and (5) are repealed.
4. Insertion of Division 2A into Part 5
After section 63 of the Building Act 1993
20 insert--
"Division 2A--Temporary Structures Permits
63A. Prescribed temporary structure not to be
used for public entertainment without
permit
25 The owner, occupier, lessee or a hirer of a
prescribed temporary structure must not use
the structure for the purpose of providing
public entertainment unless a temporary
structures permit has been issued under this
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s. 4
AND TEMPORARY STRUCTURES
Division that permits the use of the structure
for the entertainment.
Penalty: 100 penalty units, in the case of a
natural person.
5 500 penalty units, in the case of a
body corporate.
63B. Use of prescribed temporary structure must
be in accordance with permit
The owner, occupier, lessee or a hirer of a
10 prescribed temporary structure must not
permit the structure to be used for the
purpose of providing public entertainment in
contravention of the temporary structures
permit permitting the use of the structure for
15 the entertainment.
Penalty: 100 penalty units, in the case of a
natural person.
500 penalty units, in the case of a
body corporate.
20 63C. Application for permit
An application for a temporary structures
permit may be made to a municipal building
surveyor or a private building surveyor
appointed under Part 6 by, or on behalf of,
25 the owner of the place of public
entertainment concerned.
63D. Schedule 2 to apply
Schedule 2 applies in relation to an
application for a temporary structures permit.
30 63E. Decision on application for permit
(1) The relevant building surveyor must decide
an application for a temporary structures
permit by--
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AND TEMPORARY STRUCTURES
(a) issuing the permit; or
(b) issuing the permit with conditions; or
(c) refusing to issue the permit.
(2) The regulations may set a time within which
5 the relevant building surveyor must decide
an application for a temporary structures
permit.
(3) The relevant building surveyor is deemed to
have refused to issue a temporary structures
10 permit if the application is not decided
within the time set by the regulations.
63F. Reasons for refusal to be given
If the relevant building surveyor refuses to
issue a temporary structures permit, he or she
15 must notify the applicant for the permit in
writing without delay of the refusal of the
permit and of the reasons for the refusal.
63G. Special conditions applying to permits
(1) A temporary structures permit is subject to
20 the following conditions--
(a) that the siting of the temporary
structure in a municipal district is
subject to the approval of the municipal
building surveyor of that district; and
25 (b) any other condition relating to the use
of the structure specified on the permit
by the relevant building surveyor.
(2) Without limiting sub-section (1)(b), a
temporary structures permit may contain a
30 condition requiring that the erection of the
temporary structure only be carried out by
registered building practitioners.
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AND TEMPORARY STRUCTURES
63H. More than one permit may be issued
More than one temporary structures permit
can be issued for a prescribed temporary
structure, but each permit must not be issued
5 for a period longer than 5 years.
63I. Form of permit
In issuing a temporary structures permit, the
relevant building surveyor must specify in
the permit--
10 (a) the public entertainment or class of
public entertainment in respect of
which the temporary structure may be
used; and
(b) any conditions to which it is subject;
15 and
(c) the period of operation of the permit.
63J. Effect of permit
(1) A temporary structures permit is evidence
that the temporary structure to which it
20 applies is suitable for use for the purpose of
the public entertainment or class of public
entertainment specified in the permit.
(2) A temporary structures permit is not
evidence that the temporary structure in
25 respect of which it is issued complies with
this Act or the building regulations.
63K. Commission to be given copy of permit
The relevant building surveyor must give to
the Commission a copy of any temporary
30 structures permit issued by him or her, and
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AND TEMPORARY STRUCTURES
must do so within 7 days of issuing the
permit.
Penalty: 10 penalty units.
63L. Reporting authority to be notified of certain
5 permits
If the relevant building surveyor issues a
temporary structures permit that differs from,
or fails to implement the recommendations
in, a reporting authority's report under
10 Schedule 2 on the application for the permit,
the relevant building surveyor must notify
the reporting authority without delay of the
permit and give the reporting authority a
copy of the permit.
15 63M. Owner to notify others of permit
The owner of a prescribed temporary
structure must notify the occupier, lessee or
hirer of the structure within 7 days after the
occupier, lessee or hirer enters into
20 occupation of, or leases or hires the
temporary structure or within 7 days after a
temporary structures permit is issued in
respect of the structure (whichever is the
later), of any temporary structures permit in
25 force in respect of the structure.
Penalty: 10 penalty units.
63N. Inspection of temporary structures
(1) The municipal building surveyor of a
municipal district may cause any temporary
30 structure in that municipal district for which
a temporary structures permit has been
issued to be inspected from time to time to
determine whether or not the permit is being
complied with.
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s. 5
AND TEMPORARY STRUCTURES
(2) The Commission may inspect any temporary
structure from time to time to determine
whether this Act, the regulations or the
conditions of any temporary structures
5 permit are being complied with.
(3) Despite section 230, if the land on which any
temporary structure stands is open to the
public at the time of an inspection, it is not
necessary for the Commission to give the
10 occupier of the land any notice of the
proposed entry of the Commission on to the
land.
63O. Transitional provision concerning existing
occupancy permits
15 (1) This section applies to any occupancy permit
issued in respect of a temporary structure
that was in force immediately before the
commencement of section 4 of the Building
(Further Amendment) Act 2002.
20 (2) The occupancy permit is deemed--
(a) to be a temporary structures permit that
expires on the date the occupancy
permit was to have expired (unless the
permit is revoked under this Act before
25 that date); and
(b) to have been issued by the municipal
building surveyor of the municipal
district in which the temporary
structure is at that commencement.".
30 5. Consequential amendments
(1) In section 3(1) of the Building Act 1993, for the
definition of "permit" substitute--
' "permit" means a building permit, an
occupancy permit or a temporary structures
35 permit;'.
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s. 5
AND TEMPORARY STRUCTURES
(2) Sections 52, 57 and 61(2) of the Building Act
1993 are repealed.
(3) After section 70(3) of the Building Act 1993
insert--
5 "(3A) Sections 63D to 63M apply (with any
necessary modifications) in relation to an
application to amend a temporary structures
permit issued under Division 2A as if it were
an application for a temporary structures
10 permit under that Division.".
(4) In section 73(1) of the Building Act 1993 for
"amending any permit or approval" substitute
"amending any occupancy permit or temporary
approval".
15 (5) In section 76(c) of the Building Act 1993, after
"occupancy permits" insert ", temporary
structures permits".
(6) In section 78(1) of the Building Act 1993 after
"occupancy permit" insert ", temporary structures
20 permit".
(7) In section 138(4) of the Building Act 1993--
(a) in paragraph (b), for "lot." substitute
"lot; or";
(b) after paragraph (b) insert--
25 "(c) in respect of a temporary structures
permit, the owner of the temporary
structure.".
(8) In section 229 of the Building Act 1993, after
"plumbing work" insert "or place".
30 (9) In section 261(1)(a) of the Building Act 1993,
omit "building permits, occupancy".
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s. 6
AND TEMPORARY STRUCTURES
(10) In Schedule 2 to the Building Act 1993--
(a) in the heading to the Schedule, for "AND
OCCUPANCY PERMITS" substitute
", OCCUPANCY PERMITS AND
5 TEMPORARY STRUCTURES
PERMITS";
(b) in clauses 2(2), 4(1), 5(1), 5(2) and 6(3),
omit "for a permit".
(11) In Schedule 3 to the Building Act 1993, in clause
10 6(6)(b), omit "building permit or occupancy".
6. Modification of inspection powers
For section 63(2) of the Building Act 1993
substitute--
"(2) The Commission may inspect any place of
15 public entertainment from time to time to
determine whether this Act, the regulations
or the conditions of any occupancy permit
are being complied with.
(3) Despite section 230, if a place of public
20 entertainment is open to the public at the
time of an inspection, it is not necessary for
the Commission to give the occupier of the
place any notice of the proposed entry of the
Commission on to the place.".
__________________
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PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND
s. 7
ORDERS
PART 3--EMERGENCY ORDERS AND BUILDING NOTICES
AND ORDERS
7. Additional definitions
In section 3(1) of the Building Act 1993 insert
5 the following definitions--
' "building notice" means a notice issued under
section 106 or 106A;
"building order" means an order made under
section 111, 112 or 113;
10 "emergency order" means an order made under
section 102 or 103;'.
8. Substitution of sections 102 and 103
For sections 102 and 103 of the Building Act
1993 substitute--
15 "102. Emergency orders--builders
(1) This section applies if--
(a) building work is being carried out by a
builder on a building, on land or at a
place of public entertainment; and
20 (b) the municipal building surveyor is of
the opinion that--
(i) any of the building work that has
been carried out; or
(ii) any of the building work that it is
25 still proposed to carry out; or
(iii) any alteration or damage that has
occurred as a result of the building
work--
is a danger to life or property.
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ORDERS
(2) Subject to section 103(1)(b)(ii), the
municipal building surveyor must cause to
be served on the builder an order requiring
the builder to do one or more of the
5 following things immediately, or within a
specified time or times--
(a) to stop the building work;
(b) to carry out specified building work or
other work to make the building, land
10 or place safe, or to prevent people from
getting access to the building, land or
place.
103. Emergency order--owners and occupiers
(1) This section applies if--
15 (a) the municipal building surveyor is of
the opinion that there is a danger to life
or property arising out of the condition
or use, or proposed use, of a building,
the land on which building work is
20 being, or is proposed to be, carried out
or a place of public entertainment; and
(b) either--
(i) section 102 does not apply; or
(ii) section 102 applies, but the
25 municipal building surveyor is of
the opinion that the danger to life
or property can be more readily
averted by causing an order to be
served under this section.
30 (2) The municipal building surveyor must cause
to be served on the owner and the occupier
of the building, land or place an order
requiring the owner or occupier to do one or
more of the following things immediately, or
35 within a specified time or times--
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ORDERS
(a) to evacuate the building, land or place;
(b) to cease to conduct a public
entertainment;
(c) to carry out specified building work or
5 other work to make the building, land
or place safe, or to prevent people from
getting access to the building, land or
place.
(3) The order may also prohibit--
10 (a) the occupation of the building, land or
place;
(b) the use of the building, land or place for
a public entertainment--
for a period of up to 48 hours.
15 103A. Requirements concerning emergency
orders
(1) An emergency order--
(a) must be in writing; and
(b) must be served without delay after it is
20 made; and
(c) must contain any matters required by
the regulations.
(2) If the builder carrying out building work on a
building, on land or at a place of public
25 entertainment is also the owner or the
occupier of the building, land or place, the
municipal building surveyor may serve an
emergency order under both sections 102
and 103 on that person at the same time if it
30 is appropriate to do so.".
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PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND
s. 9
ORDERS
9. Consequential amendments concerning emergency
orders
In the Building Act 1993--
(a) in section 104, for "section 103(2)"
5 substitute "section 103(3)";
(b) in section 105, for "owner and to the
occupier of the building, place or land
concerned" substitute "person on whom it
was served".
10 10. Substitution of section 106
For section 106 of the Building Act 1993
substitute--
"106. Building notices--builders
(1) This section applies if--
15 (a) building work is being carried out by a
builder on a building, on land or at a
place of public entertainment; and
(b) the municipal building surveyor or a
private building surveyor is of the
20 opinion that--
(i) the building work is being carried
out without a building permit, or
in contravention of a building
permit; or
25 (ii) the building work in any other
way contravenes this Act or the
building regulations; or
(iii) any of the building work that has
been carried out, or any of the
30 building work that it is still
proposed to carry out, or any
alteration or damage that has
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PART 3--EMERGENCY ORDERS AND BUILDING NOTICES AND
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ORDERS
occurred as a result of the building
work, is a danger to the life, safety
or health of any member of the
public or of any person using the
5 land or to any property.
(2) The relevant building surveyor may cause a
notice to be served on the builder requiring
the builder to show cause within a specified
period why the builder should not carry out
10 building work, protection work or work
required by the regulations in relation to the
building, land or place.
106A. Building notices--owners and occupiers
(1) This section applies if--
15 (a) the municipal building surveyor or a
private building surveyor is of the
opinion that, in relation to a building,
the land on which building work is
being, or is proposed to be, carried out
20 or a place of public entertainment, one
or more of the following circumstances
exists--
(i) building work has been carried out
on the building, land or place
25 without a building permit required
by this Act, or in contravention of
a building permit or this Act or the
building regulations;
(ii) the use of the building or place
30 contravenes this Act or the
building regulations;
(iii) the building or place is unfit for
occupation or for use as a place of
public entertainment;
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(iv) the building, land or place or
building work on the building,
land or place is a danger to the
life, safety or health of any
5 member of the public or of any
person using the building, land or
place or to any property; and
(b) either--
(i) section 106 does not apply; or
10 (ii) section 106 applies, but the
identity or whereabouts of the
builder is not readily
ascertainable, or it is not
practicable to serve the notice on
15 the builder; or
(iii) a notice under section 106 was
served on the builder, but it is not
likely that the purpose in respect
of which the notice was served
20 can be achieved by taking further
action in relation to that notice.
(2) The relevant building surveyor may cause a
notice to be served on the owner of the
building, land or place requiring the owner to
25 show cause within a specified period as to--
(a) why occupation of the building or
place, or its use for public
entertainment, should not be prohibited;
or
30 (b) why the owner should not do either or
both of the following things--
(i) evacuate the building, land or
place;
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ORDERS
(ii) carry out building work,
protection work or work required
by the regulations in relation to
the building, land or place.".
5 11. Consequential amendments concerning building
notices
In section 108 of the Building Act 1993--
(a) sub-section (1) is repealed;
(b) in sub-section (2), For "(2) A building"
10 substitute "A building".
12. Substitution of section 109
For section 109 of the Building Act 1993
substitute--
"109. Representations concerning building
15 notices
(1) A person who is served with a building
notice may make representations to the
relevant building surveyor about the matters
contained in the notice.
20 (2) If a building notice is served on a builder, the
owner of the building, land or place that is
the subject of the order may also make
representations to the relevant building
surveyor about the matters contained in the
25 notice.
(3) A representation must be made in the
manner, and within the time, specified in the
notice.".
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ORDERS
13. Substitution of section 111
For section 111 of the Building Act 1993
substitute--
"111. Building orders--general
5 (1) The municipal building surveyor or a private
building surveyor may make an order
requiring a builder to carry out building
work, protection work or work required by
the regulations in relation to a building, land
10 or place of public entertainment.
(2) The municipal building surveyor or a private
building surveyor may make an order--
(a) prohibiting the occupation of a
building; or
15 (b) prohibiting the occupation of a place of
public entertainment or its use for
public entertainment; or
(c) requiring the owner of a building, land
on which building work is being, or is
20 proposed to be, carried out or place of
public entertainment to do either or
both of the following things within a
specified time or times--
(i) evacuate the building, land or
25 place;
(ii) carry out building work,
protection work or other work
required by the regulations or to
carry out a program of that work
30 as directed in the order.
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ORDERS
(3) The relevant building surveyor may only
make an order under this section after--
(a) he or she has given the person to whom
the order is directed a building notice in
5 respect of the matters at which the
order is directed; and
(b) he or she has considered any
representations made under section 109
within the time specified in the building
10 notice; and
(c) the time permitted by the building
notice for the making of representations
has passed.".
14. Consequential amendments concerning building
15 orders
(1) In sections 112(1) and 113 of the Building Act
1993, for "Subject to section 107, a" substitute
"A".
(2) In section 116(1) of the Building Act 1993, for
20 "An owner" substitute "A person".
(3) In section 120(1) of the Building Act 1993, for
"owner" substitute "person who was required to
comply with the order".
(4) In section 121 of the Building Act 1993, for "an
25 owner" substitute "a person".
(5) In section 123(1) of the Building Act 1993, for
"the owner" substitute "any person who failed to
carry out the work or take the action under this
Division".
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ORDERS
15. Insertion of section 118A
After section 118 of the Building Act 1993
insert--
"118A. Owner not to commission inconsistent work
5 while order in force
(1) This section applies if an emergency order is
made under section 102 or a building order is
made under section 111(1), and the order is
in force.
10 (2) The owner of the building, land or place that
is the subject of the order must not--
(a) enter into an agreement with another
builder for that builder to carry out; or
(b) permit another builder to carry out--
15 any building work on the building, land or
place that would prevent, or interfere with
the ability of, the builder to whom the order
is directed from complying with the order.
Penalty: 100 penalty units, in the case of a
20 natural person.
500 penalty units, in the case of a
body corporate.
(3) A person (other than the owner) who is in
control of the building, land or place must
25 not prevent, or interfere with the ability of,
the builder to whom the order is directed
from complying with the order.
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ORDERS
Penalty: 100 penalty units, in the case of a
natural person.
500 penalty units, in the case of a
body corporate.
5 (4) Sub-sections (2) and (3) do not prevent the
owner or person in control from entering into
an agreement with, or from permitting,
another builder to carry out any work that is
required to be carried out under the order.".
10 16. Insertion of section 125A
After section 125 of the Building Act 1993
insert--
'125A. Owner to be given copies of all documents
(1) In this section, "relevant order or notice"
15 means--
(a) an emergency order made under
section 102; or
(b) a building notice served under
section 106; or
20 (c) a building order made under
section 111(1).
(2) The person who issues a relevant order or
notice must cause--
(a) a copy of the order or notice; and
25 (b) a copy of any other document that the
person serves on, or gives to, a builder
under this Part--
to be given to the owner of the building, land
or place to which the order or notice relates.
30 Penalty: 10 penalty units.
(3) A builder who is served with a relevant order
or notice must give to the owner of the
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ORDERS
building, land or place to which the order or
notice relates a copy of any document that
the builder serves on, or gives to, the
relevant building surveyor, or the Building
5 Appeals Board, in relation to the order or
notice.
Penalty: 10 penalty units.
(4) Sub-sections (2) and (3) do not apply if the
builder carrying out building work on a
10 building, on land or at a place of public
entertainment is also the owner of the
building, land or place.
(5) A person who is required to give the owner a
copy of a document under this section must
15 give the copy to the owner--
(a) at the same time as the original
document is given to its recipient; or
(b) if that is not practicable, as soon as is
practicable after that time.'.
20 17. Consequential amendments concerning appeals
(1) After section 142(1) of the Building Act 1993
insert--
"(1A) A builder who is served with a building
notice under section 106 may appeal to the
25 Building Appeals Board against--
(a) the decision to serve the notice on the
builder; or
(b) the failure within a reasonable time, or
refusal, to cancel the notice on being
30 requested to do so by the builder.".
(2) After section 142(2) of the Building Act 1993
insert--
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ORDERS
"(2A) A builder who is served with a building
order under section 111(1) may appeal to the
Building Appeals Board against--
(a) the making of the order; or
5 (b) the imposition of any condition in that
order; or
(c) a refusal to amend or cancel that order;
or
(d) a failure, within a reasonable time, to
10 amend or cancel that order; or
(e) a requirement under Division 3 of
Part 8 that the order be fully complied
with.".
(3) After section 142(3) of the Building Act 1993
15 insert--
"(4) A builder who is served with an emergency
order under section 102 may appeal to the
Building Appeals Board against--
(a) a refusal of the municipal building
20 surveyor to cancel the order; or
(b) a failure, within a reasonable time, to
cancel the order.
(5) If a builder appeals to the Building Appeals
Board under sub-section (1A), (2A) or (4),
25 the owner of the building, land or place to
which the notice or order being appealed
relates may become a party to the appeal by
giving the Board and the other parties to the
appeal a written notice stating that the owner
30 wishes to be a party to the appeal.".
(4) In section 146(3) of the Building Act 1993, after
"section 142(3)" insert "or 142(4)".
__________________
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PART 4--OTHER MATTERS
s. 18
PART 4--OTHER MATTERS
18. Insertion of section 78A
After section 78 of the Building Act 1993
insert--
5 "78A. Restriction on who may appoint private
building surveyor
(1) A private building surveyor must not accept
an appointment to carry out any functions set
out in section 76 in relation to a building or
10 building work if the appointment purports to
be made by a domestic builder acting on
behalf of a person who is entitled to appoint
the private building surveyor to carry out
those functions.
15 Penalty: 100 penalty units, in the case of a
natural person.
500 penalty units, in the case of a
body corporate.
(2) Sub-section (1) applies regardless of whether
20 the form of authority the domestic builder
purports to be acting under in making the
appointment is given under this Act or under
any other law.".
19. Insertion of section 80A
25 After section 80 of the Building Act 1993
insert--
"80A. Private building surveyor to provide
information to owner
(1) A private building surveyor must, within
30 7 days after accepting an appointment under
this Part, give the person who made the
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PART 4--OTHER MATTERS
s. 20
appointment a notice containing the details
and information required by the regulations
in relation to the appointment.
Penalty: 10 penalty units.
5 (2) If the person who made the appointment did
so as an agent of another person, the private
building surveyor complies with sub-
section (1) by giving the notice to the agent.
(3) A failure to comply with this section does
10 not affect the validity of the appointment or
of any thing done or not done by the private
building surveyor in carrying out a function
under the appointment.".
20. Replacement of inadvertent omission
15 At the foot of section 176(2A) of the Building
Act 1993 insert--
"Penalty: 100 penalty units.".
21. Insertion of section 215A
After section 215 of the Building Act 1993
20 insert--
"215A. Municipal building surveyor may act as a
private building surveyor outside own
district
(1) The municipal building surveyor of a council
25 may act as a private building surveyor in
respect of any building or land other than
any building or land that is within--
(a) the council's municipal district; or
(b) the municipal district of any council
30 with respect to which the municipal
building surveyor is deemed to be the
municipal building surveyor for the
purpose of carrying out the functions
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s. 22
set out in any relevant agreement made
under section 214.
(2) Despite sub-section (1), the municipal
building surveyor may only act as a private
5 building surveyor with the agreement of the
council.
(3) For the purposes of this section it does not
matter whether the relevant agreement
provides for the fees and charges paid to a
10 municipal building surveyor acting as a
private building surveyor to be paid
ultimately in whole or in part to the council
or to the municipal building surveyor.
(4) Despite the definition of "municipal building
15 surveyor" in section 3(1), a person is not to
be considered to be a municipal building
surveyor for the purposes of this Act with
respect to anything the person does, or does
not do, in carrying out any function as a
20 private building surveyor.
(5) A reference in this section to a municipal
building surveyor includes a reference to any
officer or employee of the council who
carries out on behalf of the council or the
25 municipal building surveyor any of the
functions of the municipal building
surveyor.".
22. Clarification concerning the charging of commercial
rates
30 In section 216(1) of the Building Act 1993, after
"or the building regulations" insert "(including
any function as a private building surveyor)".
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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