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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Building Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 New section 1 substituted 2
1 Purposes 2
4 New section 4 substituted 3
4 Objectives of Act 3
5 New heading Division 2 of Part 9 substituted 4
6 New section 196 substituted 4
196 Functions of the Building Commission 4
7 New section 196AA inserted 5
196AA Powers of the Commission 5
8 New section 221ZZV substituted 6
221ZZV Functions of the Plumbing Industry Commission 6
9 New section 221ZZVA 7
221ZZVA Gas Safety Minister may direct the Commission 7
10 Amendment to section 221ZZW 7
11 Consequential amendments to the Building Act 1993 8
12 Repeal of amending Act 8
ENDNOTES 9
561083B.I-18/9/2007 i BILL LA INTRODUCTION 18/9/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Building Amendment Bill 2007
A Bill for an Act to amend the Building Act 1993 and for other
purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Building
Act 1993--
(a) to clarify the purposes and objectives of that
5 Act; and
(b) to clarify the functions and powers of the
Building Commission and the Plumbing
Industry Commission; and
(c) to make other minor changes to improve the
10 operation of that Act.
561083B.I-18/9/2007 1 BILL LA INTRODUCTION 18/9/2007
Building Amendment Bill 2007
s. 2
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 New section 1 substituted
5 For section 1 of the Building Act 1993
substitute--
"1 Purposes
The main purposes of this Act are--
(a) to regulate building work and building
10 standards; and
(b) to provide for the accreditation of
building products, construction
methods, building components and
building systems; and
15 (c) to provide an efficient and effective
system for issuing building and
occupancy permits and administering
and enforcing related building and
safety matters and resolving building
20 disputes; and
(d) to regulate building practitioners and
plumbers; and
(e) to regulate plumbing work and
plumbing standards; and
25 (f) to provide for the accreditation,
certification and authorisation of
plumbing work, products and materials;
and
(g) to regulate cooling tower systems; and
30 (h) to limit the periods within which
building actions and plumbing actions
may be brought.".
561083B.I-18/9/2007 2 BILL LA INTRODUCTION 18/9/2007
Building Amendment Bill 2007
s. 4
4 New section 4 substituted
For section 4 of the Building Act 1993
substitute--
"4 Objectives of Act
5 (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;
10 (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
15 application of--
(i) national building standards; and
(ii) national plumbing standards;
(e) to facilitate the cost effective
construction and maintenance of
20 buildings and plumbing systems;
(f) to facilitate the construction of
environmentally and energy efficient
buildings;
(g) to aid the achievement of an efficient
25 and competitive building and plumbing
industry.
(2) It is the intention of Parliament that in the
administration of this Act regard should be
had to the objectives set out in
30 subsection (1).".
561083B.I-18/9/2007 3 BILL LA INTRODUCTION 18/9/2007
Building Amendment Bill 2007
s. 5
5 New heading Division 2 of Part 9 substituted
For the heading to Division 2 of Part 9 of the
Building Act 1993 substitute--
"Division 2--Limitation of actions".
5 6 New section 196 substituted
For section 196 of the Building Act 1993
substitute--
"196 Functions of the Building Commission
The functions of the Building Commission
10 are--
(a) to monitor and enforce compliance with
the provisions of this Act and the
regulations relating to building and
building practitioners;
15 (b) to participate on behalf of Victoria in
the development of national building
standards;
(c) to monitor developments relevant to the
regulation of building standards in
20 Victoria;
(d) to monitor the system of collection of
the building permit levy;
(e) to administer the Building
Administration Fund;
25 (f) to disseminate information (including
dissemination to consumers) on matters
relating to building standards and the
regulation of buildings and building
practitioners;
30 (g) to disseminate information on matters
relating to the registration of cooling
tower systems;
561083B.I-18/9/2007 4 BILL LA INTRODUCTION 18/9/2007
Building Amendment Bill 2007
s. 7
(h) to provide information and training to
assist persons and bodies in carrying
out functions under this Act or the
regulations (except Part 12A and the
5 regulations under that Part);
(i) to charge and collect fees (determined
in accordance with this Act) for
information and training services
provided by it;
10 (j) to promote the resolution of consumer
complaints about work carried out by
builders;
(k) to conduct or promote research relating
to the regulation of the building
15 industry in Victoria and to report on the
outcomes of this research in its report
of operations under the Financial
Management Act 1994;
(l) to advise the Minister on the carrying
20 out of the Commission's functions and
powers under this Act and on any other
matter referred to it by the Minister;
(m) generally to carry out any other
function or duty conferred on it by or
25 under this or any other Act or under any
agreement to which the State is a
party.".
7 New section 196AA inserted
After section 196 of the Building Act 1993
30 insert--
"196AA Powers of the Commission
(1) The Commission may do all things that are
necessary or convenient to enable it to
perform its functions.
561083B.I-18/9/2007 5 BILL LA INTRODUCTION 18/9/2007
Building Amendment Bill 2007
s. 8
(2) The Commission may accept any gifts or
donations of money or other property by
deed, will or otherwise.".
8 New section 221ZZV substituted
5 For section 221ZZV of the Building Act 1993
substitute--
"221ZZV Functions of the Plumbing Industry
Commission
The functions of the Plumbing Industry
10 Commission are--
(a) to administer the plumber licensing and
registration system created by this Part;
(b) to promote the maintenance of adequate
levels of competence among plumbers;
15 (c) to monitor and enforce compliance with
this Part and the regulations made
under this Part;
(d) to participate on behalf of Victoria in
the development of national plumbing
20 standards;
(e) to monitor developments relevant to the
regulation of plumbing standards in
Victoria;
(f) to provide information and training to
25 assist persons and bodies in carrying
out functions under this Part or the
regulations made under this Part;
(g) to provide an information service
(including to consumers) with respect
30 to plumbing;
(h) to conduct or promote research into
matters relating to the regulation of the
plumbing industry in Victoria and to
report on the outcomes of this research
561083B.I-18/9/2007 6 BILL LA INTRODUCTION 18/9/2007
Building Amendment Bill 2007
s. 9
in its report of operations under the
Financial Management Act 1994;
(i) to promote the resolution of consumer
complaints about work carried out by
5 plumbers;
(j) to advise the Minister on the carrying
out of the Commission's functions and
powers under this Act and on any other
matter referred to it by the Minister;
10 (k) generally to carry out any other
function or duty conferred on it by or
under this Act or any other Act.".
9 New section 221ZZVA
After section 221ZZV of the Building Act 1993
15 insert--
"221ZZVA Gas Safety Minister may direct the
Commission
(1) The Minister administering the Gas Safety
Act 1997 may give the Commission written
20 directions concerning the exercise of the
Commission's functions as it affects gas
safety and persons carrying out gasfitting
work, other than directions affecting one
person only.
25 (2) The Commission must comply with those
directions.".
10 Amendment to section 221ZZW
After section 221ZZW(2) of the Building Act
1993 insert--
30 "(3) The Commission may accept any gifts or
donations of money or other property by
deed, will or otherwise.".
561083B.I-18/9/2007 7 BILL LA INTRODUCTION 18/9/2007
Building Amendment Bill 2007
s. 11
11 Consequential amendments to the Building Act 1993
(1) In section 200(7)(bb)(ii) of the Building Act
1993, for "section 196(ia)" substitute "section
196(g)".
5 (2) In section 211(a) of the Building Act 1993 for
"objects" substitute "objectives".
(3) In section 261(2)(b) of the Building Act 1993, for
"section 196(ia)" substitute "section 196(g)".
12 Repeal of amending Act
10 This Act is repealed on the first anniversary of its
commencement.
561083B.I-18/9/2007 8 BILL LA INTRODUCTION 18/9/2007
Building Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561083B.I-18/9/2007 9 BILL LA INTRODUCTION 18/9/2007
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