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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Building Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Owner-builder insurance 2
4 Effect of decisions under appeal 3
5 Application for registration 3
6 New section 172A inserted 4
172A Change to prescribed information 4
7 Offences 4
8 Inquiry into conduct of registered building practitioner 5
9 Disciplinary action--building practitioners 6
10 New section 179B inserted 7
179B Conduct of company or partnership to be conduct of
building practitioner director or partner 7
11 Notice of decision 7
12 New section 213 inserted 8
213 Appointment of municipal building surveyor 8
13 Delegation by municipal building surveyor 8
14 New section 216C inserted 9
216C Role of municipal building surveyor outside municipal
district 9
15 References to plumbers and plumbing work 10
16 Supervision of plumbing work 11
17 Use of title of plumbing practitioner 11
18 Licences and registrations 11
19 Use of photographs 12
20 Period of registration 13
21 Compliance certificate 13
22 Details that must appear on a compliance certificate 14
23 Lifting suspension--period of insurance 15
24 Disciplinary action--plumbers 15
25 Regulations 16
26 New section 269 inserted 17
269 Transitional--owner-builders 17
561207B.I-25/6/2008 i BILL LA INTRODUCTION 25/6/2008
Clause Page
27 New section 270 inserted 17
270 Transitional--building surveyors 17
28 Repeal of Amending Act 18
ENDNOTES 19
561207B.I-25/6/2008 ii BILL LA INTRODUCTION 25/6/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Building Amendment Bill 2008
A Bill for an Act to amend the Building Act 1993 and for other
purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Building Act 1993--
(a) in relation to the sale of buildings built by
5 owner-builders;
(b) in relation to the registration of building
practitioners and disciplinary actions relating
to them;
(c) to create 2 classes of building surveyors;
10 (d) to clarify the powers of municipal building
surveyors to act outside their municipal
districts;
561207B.I-25/6/2008 1 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 2
(e) in relation to the registration and licensing of
plumbers and disciplinary actions relating to
them;
(f) in relation to compliance certificates for
5 plumbing work;
(g) to otherwise improve the operation of that
Act.
2 Commencement
(1) This Act comes into operation on a day or days to
10 be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 September 2009, it comes into
operation on that day.
3 Owner-builder insurance
15 See:
Act No.
(1) After section 137B(5) of the Building Act 1993
126/1993. insert--
Reprint No. 7
as at "(5AA) A reference in subsection (2) to a person
16 November
2006
who constructs a building includes a
and reference to--
amending
20 Act Nos (a) a mortgagee in possession of the land
24/2006,
28/2007, on which the building is situated; and
31/2007 and
4/2008. (b) an executor or administrator of the
LawToday: estate of the person who constructed the
www.
legislation. building.
vic.gov.au
25 (5AAB) A mortgagee, executor or administrator
referred to in subsection (5AA) may rely on
anything which was done by the person who
constructed the building under subsection
(2)(a) in the 6 months before a contract of
30 sale is entered into by the mortgagee,
executor or administrator as if it had been
done by the mortgagee, executor or
administrator.".
561207B.I-25/6/2008 2 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 4
(2) In section 137B(7) of the Building Act 1993
insert the following definition--
"certified date of commencement, in relation to a
building, means the date certified by the
5 owner of the building by statutory
declaration as the date of commencement of
the building work for the construction of the
building;".
(3) In section 137B(7) of the Building Act 1993, in
10 the definition of prescribed period, for paragraph
(a)(ii) substitute--
"(ii) if neither an occupancy permit nor a
certificate of final inspection is issued or
required to be issued in respect of the
15 construction of the building--
(A) 7 years after the date of the issue of the
building permit in respect of the
construction of the building; or
(B) if a building permit is not issued or
20 required to be issued in respect of the
construction of the building, 6 years
and 6 months after the certified date of
commencement for the building; and".
4 Effect of decisions under appeal
25 In section 146(2) of the Building Act 1993 for
"or 174A" substitute ", 174A or 178".
5 Application for registration
(1) After section 169(2)(c) of the Building Act 1993
insert--
30 "(ca) be accompanied by the prescribed
information relating to the character of the
applicant; and".
561207B.I-25/6/2008 3 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 6
(2) After section 169(2) of the Building Act 1993
insert--
"(2A) An application for registration as a building
surveyor must specify one of the following
5 classes of registration--
(a) building surveyor (unlimited);
(b) building surveyor (limited).".
6 New section 172A inserted
After section 172 of the Building Act 1993
10 insert--
"172A Change to prescribed information
A registered building practitioner must
notify the Board of any change to the
prescribed information about the practitioner
15 provided to the Board under section
169(2)(ca) without delay after the change
occurs.
Penalty: 10 penalty units.".
7 Offences
20 (1) In section 176(1)(a)(ii) of the Building Act 1993,
after "building surveyor" insert ", building
surveyor (unlimited) or building surveyor
(limited)".
(2) In section 176(2) of the Building Act 1993 after
25 "building surveyor" (where secondly occurring)
insert "(unlimited) or building surveyor
(limited)".
(3) After section 176(2) of the Building Act 1993
insert--
30 "(2AA) A person who is registered as a building
surveyor (limited) must not practise as a
building surveyor except in respect of
561207B.I-25/6/2008 4 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 8
buildings up to 3 storeys in height with a
maximum floor area of 2000 square metres.
Penalty: 50 penalty units.".
(4) In sections 176(3), 176(4) and 176(5) of the
5 Building Act 1993 after "(2)" insert ", (2AA)".
8 Inquiry into conduct of registered building
practitioner
(1) For section 178(3) of the Building Act 1993
substitute--
10 "(3) The Board may suspend the practitioner's
registration pending the holding and
determination of an inquiry if the Board
considers it is in the interests of the public to
do so.".
15 (2) After section 178(5) of the Building Act 1993
insert--
"(6) A person who has had his or her registration
as a registered building practitioner
suspended under subsection (3) must, as
20 soon as possible after the decision to suspend
the registration is made--
(a) give notice in the prescribed form of
the suspension of the registration to any
person who has a contract with the
25 person relating to, or arising out of, the
carrying out of his or her work as a
registered building practitioner; and
(b) give a copy of the notice to the Board.
Penalty: 10 penalty units.".
561207B.I-25/6/2008 5 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 9
9 Disciplinary action--building practitioners
(1) After section 179(1)(d) of the Building Act 1993
insert--
"(da) has shown in the information provided to the
5 Board under section 172A that he or she is
not a fit and proper person to practise as a
building practitioner; or".
(2) After section 179(1)(fb) of the Building Act 1993
insert--
10 "(fc) has failed to comply with the Domestic
Building Contracts Act 1995; or".
(3) After section 179(2)(c) of the Building Act 1993
insert--
"(ca) to require the person to complete a specified
15 course of training;".
(4) For section 179(2)(d) of the Building Act 1993
substitute--
"(d) to impose a fine of not more than
100 penalty units unless--
20 (i) a charge has been filed in the
Magistrates' Court in respect of the
matter; or
(ii) the matter has been dealt with by a
court exercising its criminal
25 jurisdiction; or
(iii) the matter has been dealt with by the
issue of an infringement notice;".
(5) In section 179(2)(f) of the Building Act 1993 for
"registration." substitute "registration;".
561207B.I-25/6/2008 6 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 10
(6) After section 179(2)(f) of the Building Act 1993
insert--
"(g) to disqualify the person from being
registered for a specified period of up to
5 3 years.".
10 New section 179B inserted
After section 179A of the Building Act 1993
insert--
"179B Conduct of company or partnership to be
10 conduct of building practitioner director
or partner
If a company or partnership of which a
registered building practitioner is a director
or partner fails to comply with this Act or the
15 regulations in carrying out building work,
that failure is taken to have been the conduct
of the registered building practitioner and a
failure by the registered building practitioner
to comply with this Act and the regulations
20 for the purposes of sections 178, 179
and 179A.".
11 Notice of decision
After section 182(3) of the Building Act 1993
insert--
25 "(4) A person who has had his or her registration
as a building practitioner cancelled or
suspended under section 179 or 180 must, as
soon as possible after the decision to cancel
or suspend the registration takes effect or is
30 confirmed on appeal--
(a) give notice in the prescribed form of
the cancellation or suspension of the
registration to any person who has a
contract with the person relating to, or
35 arising out of the carrying out of his or
561207B.I-25/6/2008 7 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 12
her work as a registered building
practitioner; and
(b) give a copy of the notice to the Board.
Penalty: 10 penalty units.".
5 12 New section 213 inserted
After section 212 of the Building Act 1993
insert--
"213 Appointment of municipal building
surveyor
10 A municipal council must not appoint,
employ or nominate a person as its municipal
building surveyor unless the person is
registered as a building surveyor
(unlimited).".
15 13 Delegation by municipal building surveyor
(1) In section 216B of the Building Act 1993 after
"building surveyor" (where secondly occurring)
insert "(unlimited)".
(2) At the end of section 216B of the Building Act
20 1993 insert--
"(2) The municipal building surveyor of a council
may, by instrument, delegate any of his or
her functions under this Act or the
regulations to the extent that they relate to
25 buildings up to 3 storeys in height with a
maximum floor area of 2000 square metres,
except this power of delegation, to any
person employed or engaged by the council
who is registered as a building surveyor
30 (limited) under Part 11.".
561207B.I-25/6/2008 8 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 14
14 New section 216C inserted
After section 216B of the Building Act 1993
insert--
"216C Role of municipal building surveyor
5 outside municipal district
(1) A municipal building surveyor of a council,
with the consent of that council, may be
appointed to carry out all or any of the
following functions under this Act in respect
10 of land outside the municipal district of that
council--
(a) the issuing of building permits;
(b) the carrying out of inspections of
buildings and building work under
15 Part 4;
(c) the issuing of occupancy permits and
temporary approvals under Part 5.
(2) In addition to subsection (1), a municipal
building surveyor of a council who is
20 appointed pursuant to subsection (1) may
carry out outside the municipal district of
that council any other functions conferred on
a private building surveyor by this Act or the
regulations.
25 (3) A municipal building surveyor may use the
title of municipal building surveyor in
carrying out functions referred to in this
section.
(4) Sections 78 to 83 apply to a municipal
30 building surveyor who is appointed to carry
out functions pursuant to subsection (1) as
if--
(a) a reference in sections 78(1), 78(3) and
78(4), 79(1), 79(2), 80, 81(1) to 81(3)
35 and 83 to a private building surveyor
561207B.I-25/6/2008 9 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 15
were a reference to the municipal
building surveyor; and
(b) a reference in sections 78(2), 79(3),
81(4), 82(1)(b) and 82(3) to a private
5 building surveyor (where first
occurring) were a reference to the
municipal building surveyor; and
(c) a reference in section 82(2) to a private
building surveyor (where first and
10 thirdly occurring) were a reference to
the municipal building surveyor; and
(d) a reference in sections 81(4) and 82 to a
private building surveyor's functions
were a reference to the municipal
15 building surveyor's functions; and
(e) a reference to a function set out in
section 76 of the Act were a reference
to a function set out in subsection (1).
(5) Nothing in this section limits or affects the
20 operation of sections 191, 192, 214, 215, 216
or 221.
(6) The enactment of this section does not affect
the validity of any permit issued by a
municipal building surveyor of a council
25 outside the municipal district of that council
before that enactment.".
15 References to plumbers and plumbing work
In the Building Act 1993--
(a) in section 221C(1) omit "plumbing" (where
30 secondly occurring);
(b) in section 221C(2) after "plumbing" insert
"work";
(c) in section 221E(2) for "a plumber"
substitute "a person";
561207B.I-25/6/2008 10 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 16
(d) in sections 221N(1)(a) and 221OA(1)(a)
after "plumber" insert "in respect of a
prescribed class of plumbing work".
16 Supervision of plumbing work
5 In sections 221D(5)(e), 221OA(5) and 221P(2) of
the Building Act 1993 for "on behalf of, or at the
direction of," substitute "under the supervision
of".
17 Use of title of plumbing practitioner
10 (1) Insert the following heading to section 221I of
the Building Act 1993--
'Person must not use the title "plumber" or
"plumbing practitioner" unless licensed or
registered'.
15 (2) In section 221I(1) of the Building Act 1993 after
' "plumber" ' insert 'or "plumbing practitioner" '.
(3) In section 221I(2)(a) of the Building Act 1993
after ' "licensed plumber" ' insert 'or "licensed
plumbing practitioner" '.
20 (4) In section 221I(3)(a) of the Building Act 1993
after ' "registered plumber" ' insert 'or "registered
plumbing practitioner" '.
18 Licences and registrations
(1) In sections 221M(4) and 221Q(2) of the Building
25 Act 1993 omit "written".
(2) In sections 221O(4), 221X(3), 221Y and 221ZFC
of the Building Act 1993 for "certificate of
registration" (wherever occurring) substitute
"registration document".
30 (3) In section 221OA(4) of the Building Act 1993 for
"certificate" substitute "document".
561207B.I-25/6/2008 11 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 19
(4) In section 221P(4) of the Building Act 1993 for
"certificate of provisional registration" substitute
"provisional registration document".
(5) In section 221R(2) of the Building Act 1993--
5 (a) for "certificate of registration" substitute
"registration document";
(b) for "the certificate" (wherever occurring)
substitute "the registration document".
(6) In section 221ZFA of the Building Act 1993--
10 (a) in the heading, for "certificate" substitute
"document";
(b) for "certificate of registration" (wherever
occurring) substitute "registration
document";
15 (c) in subsection (1)(a), for "certificate"
substitute "registration document".
19 Use of photographs
(1) After section 221T(4) of the Building Act 1993
insert--
20 "(5) The Commission may use the photograph
provided for the purposes of identification of
the plumber and for inclusion in the
plumber's licence or registration document.".
(2) After section 221ZB(4) of the Building Act 1993
25 insert--
"(5) The Commission may use the photograph
provided for the purposes of identification of
the plumber and for inclusion in the
plumber's renewed licence or registration
30 document.".
561207B.I-25/6/2008 12 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 20
20 Period of registration
In section 221Z(2) of the Building Act 1993, after
"3 years" insert "(or any lesser period specified
by the Commission)".
5 21 Compliance certificate
(1) After section 221ZH(2) of the Building Act 1993
insert--
"(2A) A person for whom plumbing work to which
this section applies has been carried out may,
10 by notice served on the licensed plumber,
request the licensed plumber to give the
person a signed compliance certificate for
the work carried out or supervised by the
plumber--
15 (a) if the plumber has not completed the
work that the plumber was engaged to
carry out; and
(b) the person believes on reasonable
grounds that the plumber will not
20 complete the plumbing work.
(2B) Within 5 days of service of a notice under
subsection (2A), a licensed plumber must--
(a) give the person for whom the work was
carried out a signed compliance
25 certificate in respect of the work; and
(b) notify the Commission, in the manner
specified by the Commission, that the
compliance certificate has been given.
Penalty: 10 penalty units for a first offence;
30 15 penalty units for a second
offence;
25 penalty units for a third or
subsequent offence.".
561207B.I-25/6/2008 13 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 22
(2) For section 221ZH(4) of the Building Act 1993
substitute--
"(4) For the purposes of this section plumbing
work is completed by a licensed plumber
5 when whichever of the following first
occurs--
(a) the plumber completes the whole of the
plumbing work that he or she was
engaged to carry out in accordance with
10 the relevant plumbing laws;
(b) the whole of the plumbing work that
the plumber was engaged to carry out is
capable of being used in accordance
with the relevant plumbing laws.".
15 (3) In section 221ZH(5) of the Building Act 1993
after "subsection (2)" insert "or (2B)".
(4) After section 221ZH(6) of the Building Act 1993
insert--
"(6A) If a licensed plumber gives a person a signed
20 compliance certificate, but fails to do so
within 5 days after the service of a notice
under subsection (2A), or fails to comply
with subsection (2B)(b), the failure to
comply with subsection (2B) does not affect
25 the validity of the certificate.".
22 Details that must appear on a compliance certificate
In section 221ZI(1)(b)(ii) of the Building Act
1993--
(a) before "completed work" omit "only";
30 (b) after "licensed plumber" insert "and in
respect of which a compliance certificate has
not been given to the person for whom that
work was carried out".
561207B.I-25/6/2008 14 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 23
23 Lifting suspension--period of insurance
In section 221ZU(3) of the Building Act 1993 for
"until the next anniversary of his or her licensing"
substitute "for the remaining period of the
5 licence".
24 Disciplinary action--plumbers
(1) For section 221ZZZJ(1)(f) of the Building Act
1993 substitute--
"(f) order the person to pay the Commission a
10 penalty of not more than 100 penalty units
unless--
(i) a charge has been filed in the
Magistrates' Court in respect of the
matter; or
15 (ii) the matter has been dealt with by a
court exercising its criminal
jurisdiction; or
(iii) the matter has been dealt with by the
issue of an infringement notice;".
20 (2) After section 221ZZZJ(1) of the Building Act
1993 insert--
"(1A) If the Commission determines under
subsection (1) to suspend or cancel a licence
or registration of a person because the person
25 has breached a requirement of this Part, the
Commission may suspend the operation of
that suspension or cancellation on condition
that the person complies with specified
conditions.
30 (1B) In making a decision under subsection (1A),
the Commission may take into account--
(a) whether the person has any previous
conviction for breaching the
requirements of this Part; and
561207B.I-25/6/2008 15 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 25
(b) whether the conduct of the person in
breaching the requirements leading to
the determination to suspend or cancel
the licence or registration was out of
5 character and unlikely to reoccur; and
(c) whether there are mitigating
circumstances that warrant the decision.
(1C) The Commission may revoke the suspension
of the suspension or cancellation of a licence
10 or registration and reinstate the original
suspension or cancellation if the
Commission is satisfied that the person has
during the suspension period--
(a) breached a requirement of this Part; or
15 (b) breached a condition of the suspension.
(1D) If the original suspension or cancellation of a
licence or registration is reinstated, the
period of suspension begins, or the
cancellation takes effect, on the day
20 following the day that the decision to
reinstate the suspension or cancellation is
made.".
25 Regulations
In section 221ZZZV(1) of the Building Act
25 1993--
(a) in paragraphs (b) and (f) after
"examinations" insert "or assessments";
(b) for paragraph (d) substitute--
"(d) classes of plumbing work, including,
30 where those classes differ from any
classes previously specified,
transitional provisions setting out
how--
561207B.I-25/6/2008 16 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 26
(i) the new classes relate to the old
classes; and
(ii) licences and registrations to carry
out the old classes translate into
5 licences and registrations to carry
out the new classes;".
26 New section 269 inserted
After section 268 of the Building Act 1993
insert--
10 "269 Transitional--owner-builders
(1) Subject to subsection (2), section 137B(7) as
amended by the Building Amendment Act
2008 applies in relation to a building whether
the building was constructed before or after
15 the commencement of section 3 of that Act.
(2) Section 137B(7) as in force immediately
before the commencement of section 3 of the
Building Amendment Act 2008 continues
to apply in relation to a building if the
20 required insurance under section 137B(2)
was obtained in respect of that building
before that commencement.".
27 New section 270 inserted
At the end of Part 14 of the Building Act 1993
25 insert--
"270 Transitional--building surveyors
On the commencement of section 5(2) of the
Building Amendment Act 2008, any person
who was registered under this Act as a
30 building surveyor immediately before that
commencement is taken to be registered as a
building surveyor (unlimited).".
561207B.I-25/6/2008 17 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
s. 28
28 Repeal of Amending Act
This Act is repealed on 1 September 2010.
Note
The repeal of this Act does not affect the continuing operation of
5 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984.
561207B.I-25/6/2008 18 BILL LA INTRODUCTION 25/6/2008
Building Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561207B.I-25/6/2008 19 BILL LA INTRODUCTION 25/6/2008
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