Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Building (Plumbing) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Substitution of Division 9 of Part 12A 2
Division 9--Plumbing Industry Commission 2
221ZZR. Establishment of the Commission 2
221ZZS. The Commission is a body corporate 2
221ZZT. Constitution 3
221ZZU. Accountability 4
221ZZV. Functions 4
221ZZW. Powers 6
221ZZX. Staff 6
Division 9A--The Plumbing Industry Advisory Council 6
221ZZXA. Establishment of Council 7
221ZZXB. Constitution 7
221ZZXC. Functions 8
221ZZXD. Conditions of appointment and procedures 8
4. Changes concerning the Building Advisory Council 9
5. Consequential amendments 9
6. Substitution of section 44 11
44. Refusal of occupancy permit 11
7. Clarification concerning supervision of plumbing work 11
8. Refrigeration mechanics to be covered by Part 12A 12
9. Commission may require photo of applicants 12
10. Changes concerning the giving of compliance certificates 13
11. Contents of compliance certificates 14
12. Insertion of section 221ZLA 15
221ZLA. Building practitioner must transfer compliance
certificate to owner 15
13. Plumber must attend drainage etc. inspections 16
14. Insertion of section 221ZPA 16
221ZPA. Information to be provided before work starts 16
15. Additional enforcement powers for compliance auditors 17
16. Insertion of section 221ZZZBA 17
221ZZZBA. Inspector may require plumber to attend inspection 18
i
532117B.A1-22/10/98
Clause Page
17. Substitution of section 221ZZZE 18
221ZZZE. Plumbing infringement notices 18
18. Insertion of section 264 21
264. Transitional provisions relating to the Building
(Plumbing) Act 1998 21
19. Sale by owner-builder 21
20. Insertion of Schedules 5 and 6 21
NOTES 25
ii
532117B.A1-22/10/98
PARLIAMENT OF VICTORIA
Initiated in Council 6 October 1998
As amended by Council 21 October 1998
A BILL
to amend the Building Act 1993 in relation to plumbing matters and
for other purposes.
Building (Plumbing) Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The main purposes of this Act are--
(a) to replace the Plumbing Industry Board with
the Plumbing Industry Commission; and
5 (b) to establish a Plumbing Industry Advisory
Council; and
(c) to regulate refrigeration mechanics; and
(d) to generally improve the operation of Part
12A of the Building Act 1993; and
1
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 2
Act No.
(e) to improve the operation of the provisions
relating to the sale of buildings by owner-
builders.
2. Commencement
5 (1) This section and section 1 come into operation on
the day on which this Act receives the Royal
Assent.
(2) Subject to sub-sections (3) and (4), the remaining
provisions of this Act come into operation on a
10 day or days to be proclaimed.
(3) If section 6 does not come into operation before
31 December 2000, it comes into operation on that
day.
(4) If any other provision of this Act does not come
15 into operation before 31 December 1999, it comes
into operation on that day.
3. Substitution of Division 9 of Part 12A
For Division 9 of Part 12A of the Building Act
1993 substitute--
20 "Division 9--Plumbing Industry Commission
221ZZR. Establishment of the Commission
There is established a Plumbing Industry
Commission.
221ZZS. The Commission is a body corporate
25 (1) The Commission--
(a) is a body corporate with perpetual
succession; and
(b) has an official seal; and
(c) may sue and be sued in its corporate
30 name; and
2
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 3
Act No.
(d) may do and suffer all acts and things
that bodies corporate may by law do
and suffer and that are necessary for, or
incidental to, the performance of its
5 functions.
(2) The official seal of the Commission must not
be used except as authorised by the
Commission.
(3) All courts and people acting judicially must
10 take judicial notice of the official seal of the
Commission.
221ZZT. Constitution
(1) The Commission is constituted by a
Commissioner who is to be appointed by the
15 Governor in Council on the Minister's
recommendation.
(2) For the purposes of sub-section (1), the
Minister may only recommend a person who,
in the opinion of the Minister, has substantial
20 knowledge of, and experience in, the
plumbing industry.
(3) The Commissioner must not engage in paid
employment outside the duties of his or her
office without the Minister's permission.
25 (4) If the Commissioner was immediately before
his or her appointment a member of a
statutory superannuation scheme within the
meaning of the Superannuation (Public
Sector) Act 1992, he or she continues while
30 so appointed, subject to the Act under which
the statutory superannuation scheme is
created, to be a member of that scheme.
(5) Clauses 1 to 6 and 9 of Schedule 3 apply to
the Commissioner in the same way as they
35 apply to a chairperson or member of a Board.
3
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 3
Act No.
221ZZU. Accountability
(1) The Commission is subject to the direction
and control of the Minister. Those directions
may be general or specific.
5 (2) In giving a direction under sub-section (1),
the Minister may have regard to any advice
of the Plumbing Industry Advisory Council.
(3) The Commission must give the Minister any
information and assistance that the Minister
10 requires and that the Commission is able to
give.
221ZZV. Functions
(1) The functions of the Commission are--
(a) to administer the plumber licensing and
15 registration system created by this Part;
(b) to promote the maintenance of adequate
levels of competence among plumbers;
(c) to advise the Minister on the making of
regulations under this Part and
20 plumbing technical standards (other
than regulations and technical standards
relating to gasfitting work);
(d) to advise the Minister on the impact on
the plumbing industry of other Acts and
25 regulations;
(e) to monitor and enforce compliance with
technical standards applying to the
plumbing industry, including standards
applying to materials, installations,
30 construction and maintenance;
(f) to promote plumbing practices which
protect the health and safety of
consumers and the integrity of water
supply and waste water systems;
4
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 3
Act No.
(g) to hold, or cause to be held,
examinations in plumbing work for the
purposes of this Part and to appoint
examiners to conduct those
5 examinations;
(h) to promote the resolution of consumer
complaints about work carried out by
plumbers;
(i) to seek the views of the plumbing
10 industry and other interested groups on
the effectiveness of this Part and the
regulations;
(j) to co-ordinate the preparation of draft
proposals for regulations under this
15 Part;
(k) to conduct or promote research into
matters relating to the regulation of the
plumbing industry;
(l) to promote better plumbing standards
20 both nationally and internationally;
(m) to liaise with any organisation
established to promote national
plumbing standards;
(n) to provide information and training to
25 assist people and bodies in carrying out
functions under this Part or the
regulations;
(o) to provide an information service with
respect to plumbing;
30 (p) to accept any gifts or donations of
money or other property by deed, will
or otherwise;
(q) to advise the Minister on any matter
referred to it by the Minister;
5
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 3
Act No.
(r) generally to carry out any other
function or duty given to it, or imposed
on it by this Act or any other Act.
(2) The Minister administering the Gas
5 Industry Act 1994 may give the
Commission written directions concerning
the exercise of the Commission's functions
as it affects gas safety and people carrying
out gasfitting work, other than directions
10 affecting one person only.
(3) The Commission must comply with those
directions.
221ZZW. Powers
(1) The Commission may do all things that are
15 necessary or convenient to enable it to
perform its functions.
(2) The Commission may, in writing, delegate to
any of the following any of its powers or
functions (other than this power of
20 delegation)--
(a) any member of the Commission's staff;
(b) the Plumbing Industry Commissioner;
(c) any member of the Plumbing Industry
Advisory Council.
25 221ZZX. Staff
The Commission may appoint or employ--
(a) a Registrar of the Commission;
(b) as many people as are required to
enable it to carry out its functions.
30 Division 9A--The Plumbing Industry Advisory
Council
6
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 3
Act No.
221ZZXA. Establishment of Council
There is established a Plumbing Industry
Advisory Council.
221ZZXB. Constitution
5 (1) The Council consists of--
(a) a Chairperson, who must be a person
who, in the opinion of the Minister, has
substantial knowledge of, and
experience in, the plumbing industry;
10 and
(b) the Plumbing Industry Commissioner;
and
(c) the Building Control Commissioner;
and
15 (d) a person nominated by the Minister
administering the Water Act 1989; and
(e) a person nominated by the Minister
administering the Gas Industry Act
1994; and
20 (f) a person nominated by the Minister
administering the Vocational
Education and Training Act 1990;
and
(g) a person chosen by the Minister; and
25 (h) a person nominated by a body that, in
the opinion of the Minister, represents
Victorian employers in relation to all
classes of plumbing work; and
(i) a person nominated by a body that, in
30 the opinion of the Minister, represents
air-conditioning contractors in Victoria;
and
7
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 3
Act No.
(j) a person nominated by a body that, in
the opinion of the Minister, represents
fire protection contractors in Victoria;
and
5 (k) up to 3 people nominated by any body
or bodies that, in the opinion of the
Minister, represents the industrial
interests of employee plumbers; and
(l) a person chosen by the Minister to
10 represent the interests of consumers.
(2) The members of the Council are to be
appointed by the Minister.
(3) If a body referred to in sub-section (1)(h), (i),
(j) or (k) fails to nominate a person within
15 30 days of being asked to do so in writing,
the Minister may appoint a member of that
body chosen by the Minister to be a member
of the Council.
221ZZXC. Functions
20 (1) The functions of the Council are--
(a) to provide advice to the Minister, either
at the request of the Minister or on its
own initiative, in relation to this Part
and the plumbing industry;
25 (b) to provide advice to the Plumbing
Industry Commission either at the
request of the Commission or on its
own initiative, in relation to this Part
and the plumbing industry.
30 221ZZXD. Conditions of appointment and procedures
8
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 4
Act No.
Parts 1 and 2 (except for clause 8) of
Schedule 3 apply to the membership and
procedure of the Council in the same way as
they apply to a Board.".
5 4. Changes concerning the Building Advisory Council
(1) After section 207(2)(aa) of the Building Act 1993
insert--
"(ab) one is to be the Plumbing Industry
Commissioner; and".
10 (2) For section 208(a) of the Building Act 1993
substitute--
"(a) the administration of this Act and the
regulations, other than Part 12A and the
regulations made under that Part;".
15 5. Consequential amendments
In the Building Act 1993--
(a) in section 221B(1)--
(i) the definition of "Board" is repealed;
(ii) before the definition of "compliance
20 auditor" insert--
' "Commission" means the Plumbing
Industry Commission established
by section 221ZZR;';
(iii) in the definitions of "licensed plumber"
25 and "registered plumber", for "Board"
substitute "Plumbing Industry
Commission";
9
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 5
Act No.
(iv) for the definition of "Registrar"
substitute--
' "Registrar" means any person
appointed or employed to be the
5 Registrar of the Commission
under section 221ZZX;';
(b) in sections 221D, 221F, 221H, 221L, 221M,
221N, 221O, 221P, 221Q, 221R, 221S,
221T, 221U, 221V, 221W, 221X, 221Z,
10 221ZA, 221ZB, 221ZC, 221ZD, 221ZE,
221ZF, 221ZH, 221ZK, 221ZN, 221ZP,
221ZU, 221ZV, 221ZY, 221ZZB, 221ZZE,
221ZZF, 221ZZK, 221ZZL, 221ZZN,
221ZZO, 221ZZP, 221ZZY, 221ZZZ,
15 221ZZZA, 221ZZZD, 221ZZZF, 221ZZZH,
221ZZZJ, 221ZZZK, 221ZZZL, 221ZZZM,
221ZZZP, 221ZZZR, 221ZZZT, 221ZZZU,
221ZZZV and 221ZZZW, for "Board"
(wherever occurring) substitute
20 "Commission";
(c) in sections 221ZZQ(1)(a), 221ZZZI and
221ZZZN, for "Plumbing Industry Board"
substitute "Plumbing Industry
Commission";
25 (d) sections 221ZZZO and 221ZZZS are
repealed;
(e) after section 221ZZZR(3)(b) insert--
"(c) the remuneration and allowances of the
Commissioner and members of the
30 Plumbing Industry Advisory Council.";
(f) in section 228(1), for paragraph (ca) of the
definition of "authorised person"
substitute--
"(ca) the Plumbing Industry Commission;";
10
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 6
Act No.
(g) in sections 237(3), 241(2A) and 242(3), for
"Board" (wherever occurring) substitute
"Commission";
(h) in section 259A--
5 (i) for "Plumbing Industry Board"
substitute "Plumbing Industry
Commission, the Plumbing Industry
Advisory Council"; and
(ii) for "or Committees" substitute
10 ", Committees or Commissions".
6. Substitution of section 44
For section 44 of the Building Act 1993
substitute--
"44. Refusal of occupancy permit
15 The relevant building surveyor must not
issue an occupancy permit under this
Division--
(a) unless the building, or the part of the
building, to which the permit applies is
20 suitable for occupation; and
(b) if plumbing work for which section
221ZH required the issue of a
compliance certificate was carried out
in conjunction with the building work
25 on the building or part of the building
in respect of which the permit is sought,
unless the building surveyor has seen a
copy of the compliance certificate.".
7. Clarification concerning supervision of plumbing
30 work
(1) For section 221B(3) of the Building Act 1993
substitute--
11
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 8
Act No.
"(3) For the purposes of this Part, a person
supervises the carrying out of work only--
(a) if the work is carried out in his or her
presence, at his or her direction and on
5 his or her behalf; or
(b) if the following conditions are met--
(i) the work is carried out on his or
her behalf; and
(ii) he or she specifies the method and
10 manner in which the work is to be
carried out; and
(iii) he or she inspects the carrying out
of the work as often as is
necessary to ensure that the work
15 is carried out safely and
competently, having regard to the
nature of the work, the risks
involved in the work and the
knowledge and experience of the
20 person carrying out the work.".
(2) In sections 221D(4), 221E(2) and 221G(2) of the
Building Act 1993, for "on behalf of, or at the
direction of," substitute "under the supervision
of".
25 8. Refrigeration mechanics to be covered by Part 12A
In section 221D(5) of the Building Act 1993--
(a) paragraph (c) is repealed; and
(b) for paragraph (d) substitute--
"(d) an apprentice may carry out any work
30 referred to in paragraph (a) or (b) under
the supervision of a person referred to
in that paragraph;".
9. Commission may require photo of applicants
12
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 10
Act No.
(1) After section 221T(3) of the Building Act 1993
insert--
"(4) If required by the Commission, an
application must also be accompanied by a
5 photograph of the applicant that is of the size
and in the form specified by the
Commission.".
(2) After section 221ZB(3) of the Building Act 1993
insert--
10 "(4) If required by the Commission, an
application for renewal must also be
accompanied by a photograph of the plumber
that is of the size and in the form specified
by the Commission.".
15 10. Changes concerning the giving of compliance
certificates
(1) For section 221ZH(1)(b) of the Building Act
1993 substitute--
"(b) the installation, relocation or replacement of
20 any gas-using appliance; and
(ba) the conversion of a gas-using appliance for
use with a different gaseous fuel; and
(bb) the installation, modification or relocation of
consumer gas piping (other than work that is
25 carried out on consumer gas piping by, or on
behalf of, a gas company and that is
incidental to the modification of the gas
company's assets under the provisions of an
accepted safety case under the Gas Safety
30 Act 1997); and".
(2) After section 221ZH(3) of the Building Act 1993
insert--
"(4) For the purposes of this section, plumbing
work is completed when the appliance, tap,
13
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 11
Act No.
pipe, drain, meter or other object in respect
of which the work was carried out is, in
accordance with the relevant plumbing
laws--
5 (a) used (other than for the purposes of a
test that is still part of the plumbing
work); or
(b) capable of being used within an
existing system--
10 whichever occurs first.
(5) If a plumber carries out or supervises any
plumbing work to which sub-section (1)(b),
(ba) or (bb) applies, for the purposes of sub-
section (2) he or she must give a separate
15 compliance certificate in respect of the work
for each separately metered premises on or at
which the work is carried out, even if all of
the work was carried out or supervised by
the plumber for the same person under a
20 contract.".
11. Contents of compliance certificates
(1) For section 221ZI(b) of the Building Act 1993
substitute--
"(b) states--
25 (i) that he or she carried out the work, or
that the work was carried out under his
or her supervision; or
(ii) if he or she only completed work that
had been started by another licensed
30 plumber, that he or she--
(A) has inspected or tested the work
that was carried out before he or
she carried out any work; and
14
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 12
Act No.
(B) carried out any work that was
required to complete the plumbing
work or that that completion work
was carried out under his or her
5 supervision; and".
(2) At the end of section 221ZI of the Building Act
1993 insert--
"(2) A licensed plumber must not state under sub-
section (1)(b) that work was carried out
10 under his or her supervision unless the
person who carried out the work was
authorised to carry out the work under this
Part.
Penalty: 10 penalty units.".
15 12. Insertion of section 221ZLA
After section 221ZL of the Building Act 1993
insert--
"221ZLA. Building practitioner must transfer
compliance certificate to owner
20 (1) This section applies if--
(a) a licensed plumber carries out any
plumbing work to which section 221ZH
applies for a building practitioner in or
on any premises that the building
25 practitioner does not own; and
(b) the plumber gives the building
practitioner (or an agent of the building
practitioner) the compliance certificate
in respect of the work.
30 (2) The building practitioner must give the
compliance certificate to the owner of the
premises (or to the owner's agent)--
(a) if an occupancy permit will be sought
in respect of the premises or relevant
15
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 13
Act No.
part of the premises, within 5 days after
the occupancy permit is issued; or
(b) in any other case, within 5 days after
the day the building practitioner is
5 given the compliance certificate.
Penalty: 3 penalty units.".
13. Plumber must attend drainage etc. inspections
For section 221ZP(3) of the Building Act 1993
substitute--
10 "(3) Unless he or she has a reasonable excuse for
not doing so, the plumber--
(a) must ensure that the work is ready to be
inspected at the time given to the
Commission under sub-section (2)(a);
15 and
(b) must be present at that time at the place
where the work was carried out.
Penalty: 10 penalty units.".
14. Insertion of section 221ZPA
20 After section 221ZP of the Building Act 1993
insert--
"221ZPA. Information to be provided before work
starts
(1) Before a licensed or registered plumber starts
25 any plumbing work at a premises, he or she
must give the person who commissioned the
work a document that sets out the plumber's
name, licence or registration number, and
business address.
30 Penalty: 10 penalty units.
(2) If the plumbing work is work for which
section 221ZH requires the issue of a
16
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 15
Act No.
compliance certificate, the plumber must at
the same time also give the person a
document that contains a brief description of
the required insurance that applies to the
5 work.
Penalty: 10 penalty units.
(3) The description required by sub-section (2)
must be in a form approved by the
Commission.".
10 15. Additional enforcement powers for compliance
auditors
(1) After section 221ZZZA(3)(d) of the Building Act
1993 insert--
"; and
15 (e) require a person who is, or was, a licensed
plumber to attend any inspection of any
work that the auditor is examining that was
carried out or supervised by the person.".
(2) In section 221ZZZB(1) of the Building Act 1993,
20 for "section 221ZZZA(a) or (c)" substitute
"section 221ZZZA(3)(a) or (c)".
(3) In section 221ZZZB(2) of the Building Act 1993,
for "section 221ZZZA(c)" substitute "section
221ZZZA(3)(c)".
25 (4) After section 221ZZZB(2) of the Building Act
1993 insert--
"(3) A person must comply with any requirement
made by a compliance auditor under section
221ZZZA(3)(e).
30 Penalty: 10 penalty units.".
16. Insertion of section 221ZZZBA
After section 221ZZZB of the Building Act 1993
insert--
17
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 17
Act No.
"221ZZZBA. Inspector may require plumber to attend
inspection
(1) A plumbing inspector may require a person
who is, or was, a licensed or registered
5 plumber, to attend any inspection of any
work that the inspector is examining that was
carried out or supervised by the person.
(2) The person must comply with the
requirement.
10 Penalty: 10 penalty units.".
17. Substitution of section 221ZZZE
'221ZZZE. Plumbing infringement notices
(1) An authorised officer may serve an
infringement notice on any person that the
15 authorised officer has reason to believe has
committed an offence listed in column 1 of
Schedule 5.
(2) The notice must be in the form specified by
the Plumbing Industry Commission and
20 must--
(a) state the provision of the Act in respect
of which it is issued;
(b) state the name and address of the
person to whom it is issued;
25 (c) identify the plumbing work in respect
of which the alleged offence was
committed;
(d) briefly describe the alleged offence;
(e) set out the infringement penalty that
30 applies to the offence;
(f) have a unique number;
(g) state the date on which it is issued;
18
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 17
Act No.
(h) state when and where it should be paid;
(i) state what additional steps (if any) are
required to expiate the offence and by
when those steps must be taken;
5 (j) state how the offence may be expiated,
and that if the offence is expiated the
matter cannot be brought before the
Magistrates' Court unless the notice is
withdrawn within 28 days after it was
10 served;
(k) set out the name of the authorised
officer who issued it and be signed by
her or him.
(3) For the purposes of this section, sections
15 256, 257, 258 and 259 apply as if--
(a) there were substituted for section
256(1) the following provision--
"(1) The additional steps that may be
required to expiate an offence
20 under section 221ZH are--
(a) the completion of a
compliance certificate in
respect of the plumbing
work; and
25 (b) the notification of the
Plumbing Industry
Commission that a
compliance certificate has
been given.";
19
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 17
Act No.
(b) a reference in those sections to an
authorised officer was a reference to an
authorised officer under this section;
and
5 (c) a reference to a building infringement
notice was a reference to an
infringement notice issued under this
section; and
(d) there were substituted for section
10 258(4) the following provision--
"(4) An infringement penalty must be
paid--
(a) by posting it to the business
address of the authorised
15 officer; or
(b) at the business office of the
authorised officer during
office hours.".
(4) In this section--
20 "authorised officer" means--
(a) the Plumbing Industry
Commissioner;
(b) a plumbing inspector;
(c) a compliance auditor;
25 (d) any other person authorised by the
regulations to issue infringement
notices under this section;
"infringement penalty", in relation to an
offence, means the penalty specified in
30 column 2 of Schedule 5 that applies to
the offence.'.
20
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 18
Act No.
18. Insertion of section 264
After section 263 of the Building Act 1993
insert--
"264. Transitional provisions relating to the
5 Building (Plumbing) Act 1998
Schedule 6 has effect.".
19. Sale by owner-builder
In section 137B(7) of the Building Act 1993 in
the definition of "prescribed period" for paragraph
10 (a) substitute--
"(a) in relation to a contract for the sale of a
building on which domestic building work
has been carried out--
(i) 6 years and 6 months (or such longer
15 period (not exceeding 10 years) as is
prescribed) after the completion date
for the construction of the building; or
(ii) if neither an occupancy permit nor a
certificate of final inspection is issued
20 or required to be issued in respect of
the construction of the building, 7 years
(or such longer period (not exceeding
10 years) as is prescribed) after the date
of commencement of the building work
25 for the construction of the building;
and".
20. Insertion of Schedules 5 and 6
After Schedule 4 of the Building Act 1993
insert--
21
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 20
Act No.
'SCHEDULE 5
INFRINGEMENT OFFENCES
Offences Infringement Penalty
section 221ZH 5 penalty units
5 section 221ZLA 1 penalty unit
section 221ZP(3) 3 penalty units
section 221ZPA(1) or (2) 1 penalty unit
section 221ZZZB(3) 3 penalty units
section 221ZZZBA(2) 3 penalty units.
10 _______________
SCHEDULE 6
TRANSITIONAL PROVISIONS RELATING TO
THE BUILDING (PLUMBING) ACT 1998
1. Plumbing Industry Commission is the successor of the
15 Plumbing Industry Board
(1) The members of the Plumbing Industry Board cease
to hold office.
(2) The Plumbing Industry Commission is the successor
in law of the Plumbing Industry Board.
20 (3) Any reference to the Plumbing Industry Board in
any Act, subordinate instrument, agreement or other
document as far as it relates to any period after the
commencement of this section is to be treated as a
reference to the Plumbing Industry Commission,
25 unless the contrary intention appears.
2. First Plumbing Industry Commissioner
The person who is the Chairperson of the Plumbing
Industry Board immediately before the date section
20 of the Building (Plumbing) Act 1998 came into
30 operation is to be the Plumbing Industry
Commissioner until the date that person's
appointment as Chairperson was due to expire and is
to continue to have the same terms of employment.
22
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 20
Act No.
3. Transitional provision for refrigeration mechanics
(1) In this clause "refrigeration work" means the
manufacture, installation, maintenance or repair of
refrigeration, ventilation or air conditioning plant or
5 equipment.
(2) This clause applies to a person who carried out any
refrigeration work at any time in the 12 months
immediately before the date that section 8 of the
Building (Plumbing) Act 1998 came into operation.
10 (3) Despite Part 12A (as amended by section 8 of the
Building (Plumbing) Act 1998), a person to whom
this clause applies may continue to carry out
refrigeration work without being registered or
licensed under that Part--
15 (a) for 12 months after the date section 8 came into
operation; or
(b) if the person applies before that 12 month
period expires for registration or a licence that
will enable her or him to carry out refrigeration
20 work--
(i) until the Commission grants the
registration or licence; or
(ii) if the Commission refuses to grant the
registration or licence--
25 (A) if the person does not apply to the
Victorian Civil and Administrative
Tribunal for a review of the refusal,
until 21 days after the person is
given notice of the refusal in
30 writing; or
(B) if the person applies to the Victorian
Civil and Administrative Tribunal to
have the refusal reviewed, until the
Tribunal gives its decision to the
35 person in writing or the person
abandons the application for review.
4. Building Advisory Council
The Building Advisory Council is deemed to be the
same body despite the change to its membership
23
532117B.A1-22/10/98
Building (Plumbing) Act 1998
s. 20
Act No.
made by section 4(1) of the Building (Plumbing)
Act 1998.'.
24
532117B.A1-22/10/98
Building (Plumbing) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
25
532117B.A1-22/10/98
Building (Plumbing) Act 1998
Act No.
26
532117B.A1-22/10/98
[Index] [Search] [Download] [Related Items] [Help]