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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Building Amendment (Plumbing) Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purposes 1
2 Commencement 2
3 New definition inserted 2
4 Restrictions concerning plumbing work for which compliance
certificate required 2
5 Restriction concerning specialised plumbing work 3
6 New section 221FA inserted 3
221FA Plumbing work must comply with this Part and
regulations 3
7 New section 221OA inserted 3
221OA Endorsement to carry out specialised plumbing
work--registered plumbers 3
8 Commission may refuse to licence or register convicted
people etc. 5
9 Temporary licence or registration 5
10 How long licensing and registration last 5
11 New sections 221ZFA, 221ZFB and 221ZFC inserted 5
221ZFA Licence and registration certificate to be returned
to Registrar 5
221ZFB Licensed plumber to produce licence for inspection 6
221ZFC Registered plumber to produce certificate of
registration for inspection 7
12 Building practitioner must transfer compliance certificate to
owner 8
13 Powers of compliance auditors 8
14 New Division 10A of Part 12A 9
Division 10A--Plumbing infringements 9
221ZZZDA Definitions 9
221ZZZE Plumbing infringement notices 10
221ZZZEA Additional steps required by infringement notice 11
221ZZZEB Proceedings where plumbing infringement notice
requiring additional steps is served 12
15 Grounds on which disciplinary action may be taken 12
16 Minister may specify work to be specialised plumbing work 12
17 Additional regulation-making powers under Part 12A 13
561050B.I-17/4/2007 i BILL LA INTRODUCTION 17/4/2007
Clause Page
18 New section 221ZZZW inserted 13
221ZZZW Incorporation by reference of Plumbing Code of
Australia or other document by regulations 13
19 Power of entry--inspections of buildings or land 14
20 Notice of entry 14
21 Expansion of regulation-making powers under section 262 15
22 Repeal of Act 15
ENDNOTES 16
561050B.I-17/4/2007 ii BILL LA INTRODUCTION 17/4/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Building Amendment (Plumbing) Bill
2007
A Bill for an Act to amend the Building Act 1993 to make certain
amendments relating to plumbing work and for other purposes.
The Parliament of Victoria enacts:
1 Purposes
The purposes of this Act are to amend the
Building Act 1993--
(a) to enable the regulations made under
5 Part 12A to incorporate the Plumbing Code
of Australia; and
(b) to enable registered plumbers to carry out
specialised plumbing work on behalf of
licensed plumbers; and
10 (c) to provide for certain restrictions and
obligations relating to plumbers; and
561050B.I-17/4/2007 1 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 2
(d) to expand the regulation-making powers
particularly in relation to plumbing work;
and
(e) to make other amendments to improve the
5 operation of that Act.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
10 operation before 1 January 2008, it comes into
operation on that day.
3 New definition inserted
See: In section 221B(1) of the Building Act 1993
Act No.
126/1993. insert the following definition--
Reprint No. 7
15 as at "Plumbing Code of Australia means the
16 November
2006
Plumbing Code of Australia published by the
and National Plumbing Regulators Forum as
amending
Act Nos
amended or remade from time to time;".
26/2001 and
24/2006. 4 Restrictions concerning plumbing work for which
20 LawToday: compliance certificate required
www.
legislation. (1) Insert the following heading to section 221E of
vic.gov.au
the Building Act 1993--
"Restrictions concerning work for which
compliance certificate required".
25 (2) For section 221E(2) of the Building Act 1993
substitute--
"(2) Despite subsection (1), a plumber who is
registered to carry out a particular class or
type of plumbing work or specialised
30 plumbing work may carry out any work of
that class or type for which a compliance
certificate is required under the supervision
of a licensed plumber who is authorised to
carry out that class or type of work.
561050B.I-17/4/2007 2 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 5
(2A) Despite subsection (1), a plumbing
apprentice may carry out a particular class or
type of plumbing work for which a
compliance certificate is required under the
5 supervision of a licensed plumber who is
authorised to carry out that class or type of
work.".
5 Restriction concerning specialised plumbing work
In section 221F(1) of the Building Act 1993, after
10 "licensed" insert "or registered".
6 New section 221FA inserted
After section 221F of the Building Act 1993
insert--
"221FA Plumbing work must comply with this
15 Part and regulations
A licensed plumber or a registered plumber
must not carry out any plumbing work or
specialised plumbing work that does not
comply with this Part or the regulations
20 made under this Part.
Penalty: 50 penalty units.".
7 New section 221OA inserted
After section 221O of the Building Act 1993
insert--
25 "221OA Endorsement to carry out specialised
plumbing work--registered plumbers
(1) To be able to be registered to carry out a
particular class of specialised plumbing
work, a person must--
30 (a) be a registered plumber; and
561050B.I-17/4/2007 3 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 7
(b) either--
(i) have the relevant qualifications
and experience required by the
regulations (or a declaration under
5 section 221ZZZU); or
(ii) satisfy the Commission that he or
she has knowledge and
competence at least equal to that
that a person who has the
10 qualifications and experience
required by subparagraph (i)
would have.
(2) The Commission must register a person to
carry out a particular class of specialised
15 plumbing work if--
(a) the person applies to be registered in
accordance with section 221T; and
(b) it is satisfied that the person meets the
requirements listed in subsection (1);
20 and
(c) the person pays the endorsement fee set
out in the regulations.
(3) The Commission may register an eligible
person with respect to 2 or more particular
25 classes of specialised plumbing work.
(4) If the Commission registers a person to carry
out a particular class of specialised plumbing
work, the Registrar must endorse the
registration certificate given to the person in
30 respect of his or her registration under
section 221O with a statement to the effect
that the person is also registered to carry out
that class of specialised plumbing work.
561050B.I-17/4/2007 4 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 8
(5) A person who is registered to carry out a
particular class of specialised plumbing work
under this section must not, unless otherwise
exempted by the Commission, do any
5 specialised plumbing work of that class
unless that work is carried out on behalf of,
or at the direction of, a person who is
licensed to carry out work of that class.
Penalty: 20 penalty units.".
10 8 Commission may refuse to licence or register
convicted people etc.
In sections 221S(1) and 221S(2) of the Building
Act 1993, for "and 221O(2)" substitute
", 221O(2) and 221OA(2)".
15 9 Temporary licence or registration
In section 221W(1)(c) of the Building Act 1993,
after "licence fee" insert "or registration fee".
10 How long licensing and registration last
In section 221Z(2) of the Building Act 1993, after
20 "plumbing work" insert "or specialised plumbing
work".
11 New sections 221ZFA, 221ZFB and 221ZFC
inserted
After section 221ZF of the Building Act 1993
25 insert--
"221ZFA Licence and registration certificate to be
returned to Registrar
(1) The Registrar may ask a person who holds a
licence or certificate of registration for the
30 return of that licence or certificate of
registration--
561050B.I-17/4/2007 5 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 11
(a) for the purpose of altering the details on
the licence or certificate; or
(b) for any purpose permitted by this Act.
(2) A person who holds a licence or certificate
5 of registration must return it to the Registrar
as soon as is practicable after being asked to
do so by the Registrar under subsection (1).
Penalty: 10 penalty units.
221ZFB Licensed plumber to produce licence for
10 inspection
A licensed plumber must produce his or her
licence for inspection if asked to do so by--
(a) any person--
(i) with whom the licensed plumber
15 has entered into a contract to carry
out plumbing work or specialised
plumbing work; or
(ii) to whom the licensed plumber has
made a statement indicating that
20 the licensed plumber is willing or
prepared to carry out plumbing
work or specialised plumbing
work or to enter into a contract to
carry out that work; or
25 (b) the owner or occupier of any land,
building, vehicle, caravan or vessel--
(i) on or in which the licensed
plumber is carrying out plumbing
work or specialised plumbing
30 work; or
561050B.I-17/4/2007 6 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 11
(ii) in respect of which the licensed
plumber has entered into a
contract to carry out plumbing
work or specialised plumbing
5 work; or
(iii) in respect of which the licensed
plumber has made a statement
indicating that he or she is willing
or prepared to carry out plumbing
10 work or specialised plumbing
work or to enter into a contract to
carry out that work; or
(c) any person authorised in writing for the
purpose of this section by--
15 (i) the Commission; or
(ii) any other body that is responsible
for the control of the class or type
of plumbing work or specialised
plumbing work that the licensed
20 plumber is carrying out.
Penalty: 10 penalty units.
221ZFC Registered plumber to produce certificate
of registration for inspection
A registered plumber must produce his or her
25 certificate of registration for inspection if
asked to do so by--
(a) the owner or occupier of any land,
building, vehicle, caravan or vessel on
or in which the registered plumber is
30 carrying out plumbing work or
specialised plumbing work; or
561050B.I-17/4/2007 7 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 12
(b) any person authorised in writing for the
purpose of this section by--
(i) the Commission; or
(ii) any other body that is responsible
5 for the control of the class or type
of plumbing work or specialised
plumbing work that the registered
plumber is carrying out.
Penalty: 10 penalty units.".
10 12 Building practitioner must transfer compliance
certificate to owner
For section 221ZLA(2) of the Building Act 1993
substitute--
"(2) The building practitioner must give the
15 compliance certificate to the owner of the
premises (or to the owner's agent) within 5
days after the day the building practitioner
(or the building practitioner's agent) is given
the compliance certificate.
20 Penalty: 3 penalty units.".
13 Powers of compliance auditors
(1) For section 221ZZZA(1)(a) of the Building Act
1993 substitute--
"(a) enter any residence or the land on which a
25 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
30 or land; and".
561050B.I-17/4/2007 8 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 14
(2) After section 221ZZZA(1) of the Building Act
1993 insert--
"(1A) A compliance auditor must, before obtaining
a consent under subsection (1)(a)(ii), inform
5 the occupier of the residence or land of the
compliance auditor's reason for entering the
residence or land.".
(3) For section 221ZZZA(2) of the Building Act
1993 substitute--
10 "(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 auditor enters the building or
15 land under subsection (1)(a)(i) or (1)(b).".
14 New Division 10A of Part 12A
For section 221ZZZE of the Building Act 1993
substitute--
"Division 10A--Plumbing infringements
20 221ZZZDA Definitions
In this Division--
authorised officer means--
(a) the Plumbing Industry
Commissioner;
25 (b) a plumbing inspector;
(c) a compliance auditor;
(d) any other person authorised by the
regulations made under this Part
to issue plumbing infringement
30 notices under this Division;
561050B.I-17/4/2007 9 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 14
infringement penalty in relation to an
offence, means--
(a) the penalty specified in column 2
of Schedule 5 in respect of the
5 corresponding offence listed in
column 1 of that Schedule; or
(b) a penalty prescribed for the
purposes of this Division in
respect of a prescribed offence;
10 prescribed offence means--
(a) an offence against a section listed
in column 1 of Schedule 5; or
(b) an offence--
(i) against this Part or the
15 regulations made under this
Part; and
(ii) which is prescribed for the
purposes of this Division.
221ZZZE Plumbing infringement notices
20 (1) An authorised officer may serve a plumbing
infringement notice on any person that the
authorised officer has reason to believe has
committed a prescribed offence.
(2) An offence referred to in subsection (1) for
25 which a plumbing infringement notice may
be served is an infringement offence within
the meaning of the Infringements Act 2006.
(3) For the purposes of subsection (1), a
plumbing infringement notice must--
30 (a) be in the form required by the
Infringements Act 2006 and state the
infringement penalty in respect of the
offence; and
561050B.I-17/4/2007 10 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 14
(b) include details of the additional steps
(if any) required to expiate the offence.
(4) An infringement penalty prescribed for the
purposes of this Division must not exceed
5 10 penalty units.
221ZZZEA Additional steps required by infringement
notice
(1) Additional steps required to expiate a
prescribed offence may include, but are not
10 limited to, the following--
(a) the carrying out of any plumbing work
if failure to carry out that work
constitutes the offence;
(b) stopping any plumbing work that
15 constitutes the offence;
(c) doing or omitting to do anything in
order to remedy a contravention of this
Part or the regulations made under this
Part.
20 (2) If a plumbing infringement notice requires
additional steps to be taken to expiate a
prescribed offence, and, before the end of the
remedy period set out in the notice, or if the
authorised officer allows, at any time before
25 the service of a summons in respect of the
offence, the person served with the notice
informs the authorised officer that those
steps have been taken--
(a) the authorised officer must, without
30 delay, find out whether or not those
steps have been taken; and
(b) serve on the person a notice stating
whether or not those steps have been
taken.
561050B.I-17/4/2007 11 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 15
(3) A statement in a notice under subsection (2)
that additional steps have been taken is for
all purposes conclusive proof of that fact.
221ZZZEB Proceedings where plumbing
5 infringement notice requiring additional
steps is served
Nothing in this section prejudices the
institution or the prosecution of proceedings
for an offence for which a plumbing
10 infringement notice has been served if the
notice states that a penalty must be paid and
additional steps must be taken to expiate the
offence, and--
(a) the amount of the penalty is not paid
15 before the end of the period for
payment shown in the notice or of any
further period allowed by the
authorised officer; or
(b) the person served with the notice does
20 not, before the end of the remedy
period shown in the notice or of any
further period allowed by the
authorised officer, take those additional
steps.".
25 15 Grounds on which disciplinary action may be taken
In section 221ZZZG(1)(d) of the Building Act
1993, after "Act" insert "or the regulations made
under this Part".
16 Minister may specify work to be specialised
30 plumbing work
In section 221ZZZU(3) of the Building Act 1993,
after "licensed" insert "or registered".
561050B.I-17/4/2007 12 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 17
17 Additional regulation-making powers under
Part 12A
(1) In section 221ZZZV(1)(a) of the Building Act
1993, after "construction" insert ", products".
5 (2) After section 221ZZZV(1)(a) of the Building Act
1993 insert--
"(ab) the accreditation, certification or
authorisation of materials or products in
relation to plumbing work, including the
10 labelling, marking or testing of those
materials or products;".
(3) After section 221ZZZV(1)(gb) of the Building
Act 1993 insert--
"(gc) prescribing offences against this Part and the
15 regulations made under this Part for the
purposes of Division 10A;
(gd) prescribing, for the purposes of
Division 10A, penalties not exceeding
10 penalty units for the offences prescribed
20 under paragraph (gc);".
(4) Section 221ZZZV(2) of the Building Act 1993 is
repealed.
18 New section 221ZZZW inserted
After section 221ZZZV of the Building Act 1993
25 insert--
"221ZZZW Incorporation by reference of Plumbing
Code of Australia or other document by
regulations
Any regulation made under this Part may
30 apply, adopt or incorporate, either wholly or
in part and with or without any modification,
any matter contained in the Plumbing Code
of Australia or any other document--
561050B.I-17/4/2007 13 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 19
(a) as in force or as issued, published or
made at a particular time; or
(b) as in force or as issued, published or
remade from time to time.".
5 19 Power of entry--inspections of buildings or land
(1) For section 229(2)(a) of the Building Act 1993
substitute--
"(a) in the case of a residence or the land on
which a residence is situated--
10 (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".
15 (2) After section 229(2) of the Building Act 1993
insert--
"(3) An authorised person must, before obtaining
a consent under subsection (2)(a)(ii), inform
the occupier of the residence or land of the
20 purpose of the inspection to be carried out at
the residence or land.".
20 Notice of entry
In section 230 of the Building Act 1993, for
"section 229" substitute "section 229(2)(a)(i)
25 or 229(2)(b)".
561050B.I-17/4/2007 14 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
s. 21
21 Expansion of regulation-making powers under
section 262
In section 262 of the Building Act 1993--
(a) in paragraph (d), after "plumbing work,"
5 (where secondly occurring) insert
"or materials or products or classes of
materials or products in relation to building
work or plumbing work,";
(b) in paragraph (e), after "classes of building
10 work" insert "or any materials or products or
classes of materials or products in relation to
building work";
(c) in paragraph (ea), after "plumbing work"
insert "or any materials or products or
15 classes of materials or products in relation to
plumbing work".
22 Repeal of Act
This Act is repealed on 1 January 2009.
561050B.I-17/4/2007 15 BILL LA INTRODUCTION 17/4/2007
Building Amendment (Plumbing) Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561050B.I-17/4/2007 16 BILL LA INTRODUCTION 17/4/2007
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