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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Building (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF BUILDING ACT 1993 3
3. Principal Act 3
4. Payment of annual fee 3
5. Delegation 3
6. Building Administration Fund 3
7. Membership of Building Advisory Council 4
8. New section 216A inserted 4
216A. Exemption from functions in relation to certain permits 4
9. Powers of entry into existing buildings 5
10. Certificates from prescribed building practitioners 5
11. Regulations 5
PART 3--AMENDMENT OF DOCKLANDS AUTHORITY ACT
1991 7
12. New section 31 substituted 7
31. Administration of Building Act 1993 7
NOTES 10
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PARLIAMENT OF VICTORIA
A BILL
to amend the Building Act 1993 and the Docklands Authority Act
1991 and for other purposes.
Building (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Building Act 1993 to improve
5 the administration of that Act; and
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(b) to amend the Docklands Authority Act
1991 in relation to the administration and
enforcement of the building laws in the
docklands area.
5 2. Commencement
(1) This Part come into operation on the day on which
this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
10 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1999, it
comes into operation on that day.
_______________
15
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Building (Amendment) Act 1998
s. 3
Act No.
PART 2--AMENDMENT OF BUILDING ACT 1993
3. Principal Act
No. 126/1993.
In this Part the Building Act 1993 is called the
Reprint No. 2
Principal Act. as at 27
March 1997.
Further
amended by
Act Nos
34/1997,
76/1997,
80/1997,
89/1997,
99/1997 and
109/1997.
5 4. Payment of annual fee
In section 172(2)(a) of the Principal Act for "the
Board" substitute "the Building Administration
Fund".
5. Delegation
10 At the end of section 186A of the Principal Act
insert--
"(2) The Building Practitioners Board may, by
instrument, delegate the Board's functions
under section 170(1) to the Registrar of the
15 Board.".
6. Building Administration Fund
After section 200(8) of the Principal Act insert--
"(9) The Commission may enter into
arrangements or agreements with any person
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Building (Amendment) Act 1998
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Act No.
or body to act as its agent in the carrying out
of its functions in relation to the
administration of the fund.".
7. Membership of Building Advisory Council
5 (1) In section 207(2) of the Principal Act for
paragraph (a) substitute--
"(a) one is to be a person appointed as
chairperson of the Council; and
(aa) one is to be the Commissioner; and".
10 (2) In section 207 of the Principal Act, after sub-
section (5) insert--
"(6) The Building Advisory Council is deemed to
be the same body despite the change in its
membership arising from the amendment of
15 this section by section 7 of the Building
(Amendment) Act 1998.".
8. New section 216A inserted
After section 216 of the Principal Act insert--
"216A. Exemption from functions in relation to
20 certain permits
(1) A council may apply to the Minister to
exempt its municipal building surveyor from
any requirement to consider applications for
building permits for building work other than
25 prescribed domestic building work.
(2) The Minister may grant the exemption if the
Minister is satisfied that sufficient private
building surveyors are available to consider
those applications for building permits in
30 relation to land in the council's municipal
district.
(3) If the Minister grants an exemption in
respect of a municipal building surveyor,
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then, despite anything to the contrary in this
Act and while the exemption is in force, an
application cannot be made to the municipal
building surveyor under Part 3 for a building
5 permit for building work other than
prescribed domestic building work.
(4) The Minister may at any time revoke an
exemption given under this section.
(5) The Minister must cause notice of any
10 exemption or revocation under this section to
be published in the Government Gazette.".
9. Powers of entry into existing buildings
In section 229 of the Principal Act after
"inspection of" insert "a building or".
15 10. Certificates from prescribed building practitioners
In section 238 of the Principal Act for sub-section
(1) substitute--
"(1) A municipal building surveyor or a private
building surveyor, in carrying out a function
20 under this Act or the regulations, may rely
on a certificate by a registered building
practitioner in a prescribed category or class
of practitioners--
(a) that proposed building work of a
25 prescribed class complies with any
provision of this Act or the regulations;
or
(b) that building work of a prescribed class
complies with any provision of this Act
30 or the regulations.".
11. Regulations
In section 261 of the Principal Act after paragraph
(e) insert--
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"(ea) the provision of certificates as to compliance
with conditions on permits and approvals;".
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PART 3--AMENDMENT OF DOCKLANDS AUTHORITY ACT
1991
12. New section 31 substituted
No. 22/1991.
For section 31 of the Docklands Authority Act
Reprint No. 1
5 1991 substitute-- as at 9 May
1996.
'31. Administration of Building Act 1993 Further
amended by
(1) Despite anything to the contrary in the Act Nos
9/1996,
Building Act 1993, the Minister may at any
73/1996,
time by Order declare that the administration 63/1997,
10 66/1997 and
and enforcement of Parts 3, 4, 5, 7 and 8 of
104/1997.
that Act and the building regulations under
that Act in any part of the docklands area
specified in the declaration is to be carried
out--
15 (a) by a person specified by the Minister;
and
(b) in accordance with the directions of the
Minister.
(2) An Order under sub-section (1) must be
20 published in the Government Gazette.
(3) Parts 3, 4, 5, 7 and 8 of the Building Act
1993 and the building regulations under that
Act apply in the part of the docklands area
specified in an Order under sub-section (1)
25 as if--
(a) any reference to a council, municipal
building surveyor or relevant building
surveyor were a reference to the person
specified in the Order; and
30 (b) any reference to a municipal district
were a reference to the part of the
docklands area specified in the Order;
and
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(c) any reference to the Local
Government Act 1989 in section 66 of
the Building Act 1993 or clause 1 of
Schedule 2 to the Building Act 1993
5 were a reference to guidelines under
section 188 of the Building Act 1993.
(4) Nothing in section 79(3) or 81(1) of the
Building Act 1993 prevents a person from
carrying out any function conferred on that
10 person by an Order under this section.
(5) The Minister may at any time revoke or
amend an Order made under this section.
(6) If, because of an Order under this section, a
person or body (in this sub-section called
15 "the old authority") ceases to have the
functions of a council, municipal building
surveyor or relevant building surveyor under
Part 3, 4, 5 7 or 8 of the Building Act 1993
or the building regulations under that Act in
20 relation to any part of the docklands area and
another person (in this sub-section called
"the new authority") specified in that Order
acquires those functions--
(a) anything of a continuing nature done or
25 commenced by or in relation to the old
authority in relation to those functions
may be done, or completed by or in
relation to the new authority; and
(b) the old authority must give to the new
30 authority any document held by the old
authority that is relevant to anything
done by the old authority in relation to
those functions; and
(c) anything done by or in relation to the
35 old authority in relation to those
functions that concerns a matter of a
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continuing nature has effect as if done
by or in relation to the new authority.
(7) In this section "function" includes power,
authority and duty.'.
5
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Building (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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