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PARLIAMENT OF VICTORIA
Building (Legionella) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS TO THE BUILDING ACT 1993 3
3. Definitions 3
4. Objects 3
5. Insertion of Parts 5A, 5B and 5C 3
PART 5A--REGISTRATION OF COOLING TOWER
SYSTEMS 4
Division 1--Preliminary Matters 4
75A. Meaning of "cooling tower" 4
75AB. Meaning of "cooling tower system" 4
Division 2--Provisions Applying to Existing Systems 5
75B. Application of this Division 5
75BA. Owner must apply to register cooling tower system
within 6 months 5
75BB. Initial registration period 5
75BC. Owner must renew the registration of cooling tower
systems 6
75BD. Additional statement to be made in first renewal
application 6
75BE. Additional fee payable for certain renewals 6
75BF. Period of renewed registrations 7
75BG. Second and subsequent renewals 7
Division 3--Provisions Applying to All Other Cooling Tower
Systems 7
75C. Application of this Division 7
75CA. Owner must register cooling tower system 8
75CB. Additional statement to be included with application 8
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Clause Page
75CC. Registration to last for 1 year 8
75CD. Owner must renew the registration of cooling tower
systems annually 8
75CE. Additional statement to be included with renewal
application 9
Division 4--Provisions Applying Generally 9
75D. Requirements concerning the submission of application
forms 9
75DA. Processing of applications 10
75DB. Multiple cooling tower systems on same land 11
75DC. Commission to notify Department of Human Services of
non-compliance 11
75DD. Registration to continue pending renewal 12
75DE. Commission to be notified of change of ownership 12
75DF. Commission to be notified of other changes 13
75DG. Offence to provide false information 13
75DH. Cooling tower system register 14
PART 5B--RISK MANAGEMENT PLANS FOR
COOLING TOWER SYSTEMS 14
Division 1--General Requirements 14
75E. Meaning of "risk management plan" 14
75EA. Owner must ensure risk management plan prepared 15
75EB. Owner must ensure risk management plan reviewed 15
75EC. Owner must ensure service records kept 15
75ED. Plan and records must be kept on site 16
Division 2--Audit 16
75F. Risk management plan audit 16
75FA. Owner must ensure audit conducted 17
75FB. Audit certificate to be given 17
Division 3--Approved Auditors 18
75G. Meaning of "certifying body" 18
75GA. Only approved auditors may conduct audits 19
75GB. Appointment of approved auditors 19
75GC. Auditor must comply with conditions of certification 19
75GD. Offence to impersonate approved auditor 19
75GE. Conflict of interest to be avoided 20
75GF. Revocation of approval to act as an auditor 21
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Clause Page
Division 4--Regulations 22
75H. Regulations 22
PART 5C--ENFORCEMENT OF PARTS 5A AND 5B 22
75J. Meaning of "inspector" 22
75JA. Identity cards 22
75JB. General powers of inspectors 23
75JC. Protection against self-incrimination 24
75JD. Disclosure of information 24
75JE. Improvement notice 25
6. Additional Commission functions 26
7. Building Administration Fund 26
8. Application of Parts 5A and 5B to the Crown 27
9. Change concerning plumbing work compliance certificate 27
10. Insertion of section 221ZZZS 27
221ZZZS. Commission may disclose cooling tower information 28
11. Plumbing regulations may regulate cooling towers 28
12. Proceedings for offences 28
13. Additional fee regulation-making power 28
PART 3--AMENDMENTS TO THE HEALTH ACT 1958 30
14. Additional regulation-making powers 30
ENDNOTES 32
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541142B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 1 November 2000
A BILL
to amend the Building Act 1993 and the Health Act 1958 and for
other purposes.
Building (Legionella) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is
(a) to amend the Building Act 1993--
5 (i) to require the registration of cooling
tower systems; and
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(ii) to require the preparation and regular
audit of risk management plans in
relation to cooling tower systems; and
(b) to amend the Health Act 1958 to ensure that
5 that Act provides adequate powers to enable
the making of regulations dealing with
legionellosis and other infectious diseases.
2. Commencement
(1) This section and sections 1, 3, 10, 11 and 14 come
10 into operation on the day after the day on which
this Act receives the Royal Assent.
(2) Subject to sub-section (4), section 9 comes into
operation on a day to be proclaimed.
(3) Subject to sub-section (4), the remaining
15 provisions of this Act come into operation on a
day to be proclaimed.
(4) If a provision referred to in sub-section (2) or (3)
does not come into operation before 1 January
2002, it comes into operation on that day.
20 _______________
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PART 2--AMENDMENTS TO THE BUILDING ACT 1993
3. Definitions
In section 3(1) of the Building Act 1993 insert--
' "approved auditor" means a person holding a
5 current certificate issued under section
75GB;
"cooling tower" has the meaning set out in
section 75A;
"cooling tower system" has the meaning set out
10 in section 75AB;
"Legionella" means bacteria belonging to the
genus Legionella;
"lot", in relation to land, means a piece of land
that can, at the relevant time, be disposed of
15 separately;
"risk management plan" has the meaning set
out in section 75E;
"risk management plan audit" has the meaning
set out in section 75F;'.
20 4. Objects
After section 4(h) of the Building Act 1993
insert--
"(i) to regulate cooling tower systems.".
5. Insertion of Parts 5A, 5B and 5C
25 After Part 5 of the Building Act 1993 insert--
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'PART 5A--REGISTRATION OF COOLING
TOWER SYSTEMS
Division 1--Preliminary Matters
75A. Meaning of "cooling tower"
5 (1) A cooling tower is a device for lowering--
(a) the temperature of recirculated water by
bringing the water into contact with fan
forced, or fan induced, atmospheric air;
or
10 (b) the temperature of water, a refrigerant
or other fluid in a pipe or other
container by bringing recirculated
water and fan forced, or fan induced,
atmospheric air into contact with the
15 pipe or container.
(2) An evaporative air cooler or evaporative air
conditioner is not a cooling tower.
75AB. Meaning of "cooling tower system"
A cooling tower system is--
20 (a) a cooling tower, or a number of
interconnected cooling towers that use
the same recirculating water; and
(b) any machinery that is used to operate
the tower or towers; and
25 (c) any associated tanks, pipes, valves,
pumps or controls.
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Division 2--Provisions Applying to Existing
Systems
75B. Application of this Division
This Division only applies to a cooling tower
5 system that was in working condition
immediately before the date section 5 of the
Building (Legionella) Act 2000 came into
operation.
75BA. Owner must apply to register cooling tower
10 system within 6 months
The owner of any land on which there is a
cooling tower system must apply to register
the system with the Commission within
6 months after the date section 5 of the
15 Building (Legionella) Act 2000 came into
operation.
Penalty: 120 penalty units.
75BB. Initial registration period
(1) The initial registration of a cooling tower
20 system to which this Division applies is valid
for the period specified in the certificate of
registration issued in respect of the system.
(2) The Commission may specify a period of
between 12 months and 18 months on an
25 initial certificate of registration issued in
respect of a cooling tower system to which
this Division applies.
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75BC. Owner must renew the registration of
cooling tower systems
The owner of any land on which there is a
registered cooling tower system must apply
5 to renew the registration under this Division
before the registration is due to expire.
Penalty: 60 penalty units.
75BD. Additional statement to be made in first
renewal application
10 A person applying to renew the registration
of a cooling tower system under this
Division for the first time must include with
the application form a statement as to
whether or not a risk management plan has
15 been prepared in respect of the system.
75BE. Additional fee payable for certain renewals
(1) This section applies if an initial registration
period of more than 12 months was granted
under section 75BB in respect of a cooling
20 tower system.
(2) In addition to any other fee the owner is
liable to pay in applying to renew the initial
registration of the system, the owner must
also pay an amount calculated as follows--
25 (RP - 365) x F
365
where--
RP is the length of the initial registration
period in days;
30 F is the fee paid for the initial
registration.
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75BF. Period of renewed registrations
A registration of a cooling tower system that
is renewed under this Division expires on the
day before the anniversary of the day the
5 initial registration expired.
75BG. Second and subsequent renewals
A person applying for the second, and each
subsequent, renewal of registration of a
cooling tower system under this Division
10 must include with the application form--
(a) a statement that a risk management plan
has, or has not, been prepared in respect
of the system; and
(b) if a risk management plan has been
15 prepared in respect of the system, a
statement that the plan--
(i) has, or has not, been reviewed in
the 12 months before the
statement was made; and
20 (ii) was, or was not, the subject of a
risk management plan audit in the
3 months before the registration
was due to expire.
Division 3--Provisions Applying to All Other
25 Cooling Tower Systems
75C. Application of this Division
This Division applies to any cooling tower
system to which Division 2 does not apply.
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75CA. Owner must register cooling tower system
(1) The owner of any land on which there is a
cooling tower system must apply to register
the system with the Commission before the
5 system is brought into operation.
Penalty: 120 penalty units.
(2) A reference to bringing a cooling tower
system into operation in this section includes
a reference to the conduct of tests associated
10 with the installation or commissioning or re-
commissioning of the system.
75CB. Additional statement to be included with
application
A person applying to register a cooling tower
15 system under this Division must include with
the application form a statement as to
whether or not a risk management plan has
been prepared in respect of the system.
75CC. Registration to last for 1 year
20 The registration of a cooling tower system
expires on the day before the anniversary of
the date it was first registered.
75CD. Owner must renew the registration of
cooling tower systems annually
25 The owner of any land on which there is a
cooling tower system must apply to renew
the registration of the system before the
registration is due to expire.
Penalty: 60 penalty units.
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75CE. Additional statement to be included with
renewal application
A person applying to renew the registration
of a cooling tower system under this
5 Division must include with the application
form--
(a) a statement that a risk management plan
has, or has not, been prepared in respect
of the system; and
10 (b) if a risk management plan has been
prepared in respect of the system, a
statement that the plan--
(i) has, or has not, been reviewed in
the 12 months before the
15 statement was made; and
(ii) was, or was not, the subject of a
risk management plan audit in the
3 months before the registration
was due to expire.
20 Division 4--Provisions Applying Generally
75D. Requirements concerning the submission of
application forms
(1) If a person is required to apply to register, or
to renew the registration of, a cooling tower
25 system, the person must--
(a) submit the appropriate application form
to the Commission; and
(b) submit with the form any relevant fee
required under this Act.
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(2) Any form or statement that is required under
this Part--
(a) must be prepared in accordance with
any requirements specified in the
5 regulations; and
(b) must include all the details required by
the regulations; and
(c) must be submitted in accordance with
the regulations.
10 75DA. Processing of applications
(1) The Commission must give a person who
applies for the registration, or the renewal of
registration, of a cooling tower system under
this Part--
15 (a) a certificate of registration, or renewal
of registration, for the system that states
the date on which the registration or
renewal occurred; or
(b) a written notice stating that the
20 application has been deferred due to a
failure to comply with one or more
specified requirements of this Part.
(2) If the Commission advises a person that an
application has been deferred, the notice
25 must also--
(a) give details of the failure that caused
the deferral; and
(b) specify a date by which the person must
remedy the failure.
30 (3) Sub-section (1) applies to any information,
statement or fee submitted in response to a
notice given under sub-section (1)(b) as if it
were an application for registration or
renewal of registration.
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(4) If the Commission defers an application and
the person who submitted the application
does not remedy the failure that caused the
deferral by the date specified under sub-
5 section (2)(b) (or any later date allowed by
the Commission in writing)--
(a) the application lapses and the person is
not entitled to have any fee submitted
in relation to the application refunded;
10 and
(b) for the purposes of this Part, the person
is to be treated as if the person had not
submitted the application.
75DB. Multiple cooling tower systems on same
15 land
(1) This section applies if there are 2 or more
cooling tower systems on a lot of land.
(2) The owner of the land is only required to
submit one application for registration in
20 respect of the cooling tower systems, but
must--
(a) give details of each system in the
application; and
(b) make a separate statement under
25 section 75BD, 75BG, 75CB or 75CE
(as the case may be) in respect of each
system.
75DC. Commission to notify Department of
Human Services of non-compliance
30 (1) The Commission must notify the Secretary
to the Department of Human Services if a
statement is made--
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(a) under section 75BD, 75BG, 75CB or
75CE that a risk management plan has
not been prepared; or
(b) under section 75BG(b)(i) or 75CE(b)(i)
5 that a risk management plan has not
been reviewed in the 12 months before
the statement was made; or
(c) under section 75BG(b)(ii) or
75CE(b)(ii) that a risk management
10 plan audit has not been conducted
within the specified time.
(2) A notification under this section need only
be made after the application for registration,
or renewal of registration, in respect of
15 which the statement was made has been
granted.
75DD. Registration to continue pending renewal
(1) This section applies if a person applies for
the renewal of the registration of a cooling
20 tower system before the registration is due to
expire.
(2) Despite anything to the contrary in this Part,
the registration is deemed to continue until--
(a) a certificate of the renewal of the
25 registration is issued; or
(b) the application lapses or is withdrawn.
75DE. Commission to be notified of change of
ownership
(1) This section applies if the ownership of any
30 land on which there is a cooling tower
system changes.
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(2) Within 30 days after the date the ownership
of the land changes, the new owner of the
land must notify the Commission in writing
of the change of ownership.
5 Penalty: 10 penalty units.
75DF. Commission to be notified of other changes
(1) A person who holds a certificate of
registration in respect of a cooling tower
system must notify the Commission of any
10 of the following events within 30 days after
the completion of the event--
(a) the addition or removal of a cooling
tower to, or from, the system;
(b) the removal, or permanent
15 decommissioning, of the system;
(c) the relocation of the system on the lot
of land on which it stands.
Penalty: 10 penalty units.
(2) A notification--
20 (a) must be made in the form and manner
required by the regulations; and
(b) must contain the details required by the
regulations.
75DG. Offence to provide false information
25 A person must not make any false statement,
or give any false information, in an
application for the registration, or the
renewal of registration, of a cooling tower
system.
30 Penalty: 10 penalty units.
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75DH. Cooling tower system register
(1) The Commission must keep a register
containing--
(a) details of the location and type of each
5 cooling tower system that the
Commission has registered; and
(b) any other information in relation to
those systems specified by the
regulations.
10 (2) The Commission must ensure that the
register is available for inspection by any
person wishing to inspect it during the
Commission's normal office hours.
PART 5B--RISK MANAGEMENT PLANS FOR
15 COOLING TOWER SYSTEMS
Division 1--General Requirements
75E. Meaning of "risk management plan"
(1) A risk management plan for a cooling tower
system is a document that identifies risks
20 associated with the use of the system and
that sets out the steps to be taken--
(a) to manage the risks; and
(b) to ensure compliance with any
requirements relating to the system
25 imposed by, or under, this Act or the
Health Act 1958.
(2) A risk management plan must--
(a) address the risks specified in the
regulations; and
30 (b) include any other matters required by
the regulations.
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75EA. Owner must ensure risk management plan
prepared
The owner of any land on which there is a
cooling tower system must take all
5 reasonable steps to ensure that a risk
management plan is prepared in respect of
the system--
(a) in the case of a system to which
Division 2 of Part 5A applies--before
10 the initial registration of the system is
due to expire;
(b) in the case of a system to which
Division 3 of Part 5A applies--before
the system is brought into operation
15 within the meaning of section 75CA.
Penalty: 60 penalty units.
75EB. Owner must ensure risk management plan
reviewed
(1) The owner of any land on which there is a
20 cooling tower system must take all
reasonable steps to ensure that the risk
management plan prepared in respect of the
system is reviewed, and, if necessary,
updated, at least once in every registration
25 period.
Penalty: 60 penalty units.
(2) Despite sub-section (1), in the case of a
cooling tower system to which Division 2 of
Part 5A applies, it is not necessary to review
30 the risk management plan for the system in
the initial registration period.
75EC. Owner must ensure service records kept
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The owner of any land on which there is a
cooling tower system must take all
reasonable steps to ensure--
(a) that a record is kept of all repair,
5 maintenance and testing work that is
carried out on the system; and
(b) that the record is kept for at least
7 years after it was created.
Penalty: 60 penalty units.
10 75ED. Plan and records must be kept on site
The owner of any land on which there is a
cooling tower system must take all
reasonable steps to ensure that the risk
management plan in respect of the system
15 and any records required by section 75EC in
relation to the system are kept--
(a) at the building in which the system is in
or on; or
(b) if the system is not in or on a building,
20 at a building on the lot of land on which
the system is located.
Penalty: 60 penalty units.
Division 2--Audit
75F. Risk management plan audit
25 (1) A risk management plan audit is an audit by
an approved auditor in relation to the risk
management plan prepared in respect of a
cooling tower system to determine--
(a) whether the plan complies with section
30 75E(2); and
(b) whether the plan is being implemented.
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(2) In conducting a risk management plan audit,
the auditor must inspect all the documents
relating to the cooling tower system that are
specified by the regulations for the purposes
5 of this section.
(3) A risk management plan audit does not
require the auditor--
(a) to determine whether the plan has, in
fact, adequately controlled the risks
10 associated with the use of a cooling
tower system; or
(b) to inspect the system.
75FA. Owner must ensure audit conducted
(1) The owner of any land on which there is a
15 cooling tower system must take all
reasonable steps to ensure that a risk
management plan audit is conducted in
relation to the risk management plan
prepared in respect of the system in the
20 3 months before the registration of the
system is due to expire.
Penalty: 60 penalty units.
(2) An owner of land is not excused from
complying with this section merely because
25 the carrying out of the audit can only be
done at the owner's expense.
(3) Despite sub-section (1), in the case of a
cooling tower system to which Division 2 of
Part 5A applies, a risk management plan
30 audit of the system's risk management plan
need not be conducted in the initial
registration period.
75FB. Audit certificate to be given
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(1) After conducting a risk management plan
audit, an approved auditor must give the
person who commissioned the audit a
certificate stating the auditor's opinion on--
5 (a) whether the plan complies with section
75E(2); and
(b) whether the plan is being implemented.
(2) The certificate must be in the form, and
contain the details, required by the
10 regulations.
(3) If the auditor is of the opinion--
(a) that the plan does not comply with
section 75E(2); or
(b) that the plan is not being
15 implemented--
he or she must also give a copy of the
certificate to the Secretary to the Department
of Human Services within 3 business days
after forming that opinion.
20 Penalty: 60 penalty units.
(4) If the auditor is of the opinion described in
sub-section (3), he or she must include in the
certificate details of the reasons why he or
she is of that opinion.
25 Division 3--Approved Auditors
75G. Meaning of "certifying body"
In this Division, "certifying body" means
the Secretary to the Department of Human
Services or any person or body who the
30 regulations state is to be able to make
certifications for the purposes of this
Division.
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75GA. Only approved auditors may conduct audits
A person must not conduct a risk
management plan audit unless he or she is an
approved auditor.
5 Penalty: 60 penalty units for a first offence
and 120 penalty units for a second
or subsequent offence.
75GB. Appointment of approved auditors
(1) A certifying body may certify in writing that
10 a natural person is competent to conduct a
risk management plan audit.
(2) In certifying a person, the certifying body--
(a) may impose any conditions on the
certification that the certifying body
15 considers to be appropriate; and
(b) may specify for how long the certificate
remains current.
(3) If the regulations provide for the payment of
any fee in relation to a certification, the
20 certifying body must not certify a person
until the person has paid the fee.
75GC. Auditor must comply with conditions of
certification
An approved auditor must comply with any
25 condition imposed by the certifying body in
certifying him or her to be an auditor.
Penalty: 60 penalty units for a first offence
and 120 penalty units for a second
or subsequent offence.
30 75GD. Offence to impersonate approved auditor
A person must not--
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(a) use or take the title "approved auditor"
in relation to the conduct of a risk
management plan audit; or
(b) directly or indirectly represent that he
5 or she is approved or authorised to
conduct a risk management plan
audit--
unless the person is an approved auditor.
Penalty: 60 penalty units for a first offence
10 and 120 penalty units for a second
or subsequent offence.
75GE. Conflict of interest to be avoided
(1) In this section "interested person", in
relation to a cooling tower system, means all
15 of the following--
(a) a person who owns the system; and
(b) the owner of the land on which the
system stands; and
(c) a person who has the management and
20 control of the system; and
(d) a person who was involved in the
construction or installation of the
system; and
(e) a person who was involved in the
25 maintenance or testing of the system
during the period covered by an audit;
and
(f) a person who has written, or has
assisted in the writing of, a risk
30 management plan for the system.
(2) A person must not conduct a risk
management plan audit of the risk
management plan of a cooling tower system
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if the person is an interested person, or is an
employee or officer of an interested person.
Penalty: 60 penalty units for a first offence
and 120 penalty units for a second
5 or subsequent offence.
(3) A person must not conduct a risk
management plan audit of a risk
management plan as an employee of another
person if any other employee of that other
10 person has written, or has assisted in
preparing, that plan.
Penalty: 60 penalty units for a first offence
and 120 penalty units for a second
or subsequent offence.
15 75GF. Revocation of approval to act as an auditor
A certifying body may, after giving a person
a chance to be heard, revoke that person's
certification as an approved auditor if the
certifying body is satisfied that--
20 (a) the certification was granted on the
basis of fraud, misrepresentation or the
concealment of facts; or
(b) the person has failed to comply with
any requirement imposed by this Act on
25 approved auditors; or
(c) the person is not sufficiently competent
to carry out risk management plan
audits; or
(d) the person has been guilty of any
30 fraudulent conduct in carrying out an
audit; or
(e) the person has not satisfactorily carried
out 2 or more risk management plan
audits.
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s. 5
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Division 4--Regulations
75H. Regulations
The Governor in Council may make
regulations for or with respect to--
5 (a) specifying the matters to be included in
risk management plans;
(b) specifying how risk management plans
are to be reviewed and updated;
(c) specifying the form and manner, and
10 the matters to be included in, any
records that are required to be kept
under this Part;
(d) prescribing fees in relation to the
certification of approved auditors;
15 (e) generally providing for any other
matter or thing required or permitted by
this Part to be prescribed or necessary
to be prescribed to give effect to this
Part.
20 PART 5C--ENFORCEMENT OF PARTS 5A AND
5B
75J. Meaning of "inspector"
In this Part, "inspector" means any person
authorised by the Secretary to the
25 Department of Human Services for the
purposes of this Part.
75JA. Identity cards
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s. 5
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(1) The Secretary to the Department of Human
Services must issue an identity card to each
inspector.
(2) An identity card issued to a person--
5 (a) must contain a photograph of the
person; and
(b) must contain the signature of the
person; and
(c) must be signed by the Secretary.
10 (3) An inspector must produce his or her identity
card for inspection--
(a) before exercising a power under this
Part other than a requirement made by
post; and
15 (b) at any time during the exercise of a
power under this Part, if asked to do so.
Penalty applying to this sub-section:
10 penalty units.
75JB. General powers of inspectors
20 For the purposes of this Part and Parts 5A
and 5B, Division 2 (Powers of entry) of
Part 13 (other than sections 228 and 231H)
applies as if--
(a) a reference to an authorised person was
25 a reference to an inspector; and
(b) a reference in section 229 to "any
inspection of a building or building
work or plumbing work authorised or
required under this Act or the
30 regulations" was a reference to an
inspection to determine whether or not
this Part or Part 5A or 5B is being
complied with; and
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(c) a reference in sections 231, 231B, 231F
and 234A to this Act or the regulations
was a reference to this Part or Part 5A
or 5B or any regulations made under, or
5 in relation to, this Part or Part 5A or
5B; and
(d) a reference in section 231F(2) to
building work or the work of a building
practitioner or the carrying out of that
10 work was a reference to any cooling
tower system on the premises; and
(e) a reference to an identity card was a
reference to an identity card issued
under this Division.
15 75JC. Protection against self-incrimination
(1) It is a reasonable excuse for a natural person
to refuse or fail to give information or do any
other thing that the person is required to do
by or under this Part, if the giving of the
20 information or the doing of that other thing
would tend to incriminate the person.
(2) Despite sub-section (1), it is not a reasonable
excuse for a natural person to refuse or fail
to produce a document that the person is
25 required to produce by or under this Part, if
the production of the document would tend
to incriminate the person.
75JD. Disclosure of information
(1) In this section--
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"relevant function" means a function under
an Act that relates--
(a) to the registration or operation of
cooling tower systems; or
5 (b) to the operation of any other
device or equipment that may
give rise to, harbour, propagate,
or contribute to the spread of,
Legionella; or
10 (c) to stopping, limiting or
preventing the spread of
Legionella.
(2) An inspector who obtains information while
acting as an inspector may disclose the
15 information to any person carrying out a
relevant function if the inspector reasonably
believes that the information may assist that
person in carrying out that function.
(3) Despite anything to the contrary in any other
20 Act, a person carrying out a relevant function
who obtains information while carrying out
that function may disclose the information to
an inspector if the person reasonably
believes that the information may assist the
25 inspector in carrying out a relevant function.
75JE. Improvement notice
(1) This section applies if an inspector is
satisfied that a person--
(a) is contravening Part 5A or 5B; or
30 (b) has contravened Part 5A or 5B in
circumstances that make it likely that
the contravention will occur again.
(2) The inspector may issue to the person an
improvement notice requiring the person to
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s. 6
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take specified action within a specified
period to stop the contravention, or failure to
comply, from continuing or occurring again.
(3) The person must comply with the notice.
5 Penalty: 10 penalty units.'.
6. Additional Commission functions
After section 196(i) of the Building Act 1993
insert--
"(ia) to disseminate information on matters
10 relating to the registration of cooling tower
systems;".
7. Building Administration Fund
(1) After section 200(2)(c) of the Building Act 1993
insert--
15 "; and
(d) the cooling tower systems account.".
(2) After section 200(3A) of the Building Act 1993
insert--
"(3B) Any fees received by, or on behalf of, the
20 Commission under Part 5A must, once they
have been paid into the fund, be credited to
the cooling tower systems account.".
(3) After section 200(5)(b) of the Building Act 1993
insert--
25 "; or
(c) out of the cooling tower systems account in
accordance with sub-section (7B) or (7C).".
(4) After section 200(7)(ba) of the Building Act 1993
insert--
30 "; and
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10
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(bb) in accordance with sub-section (7B)--
(i) any costs and expenses incurred by the
Commission in the administration of
Part 5A; and
5 (ii) any costs and expenses incurred by the
Commission in carrying out its
functions under section 196(ia); and".
(5) After section 200(7A) of the Building Act 1993
insert--
10 "(7B) Amounts may be paid out of the cooling
tower systems account towards the costs and
expenses referred to in sub-section (7)(bb), if
authorised by the Commission.
(7C) Amounts may be paid out of the cooling
15 tower systems account to the Consolidated
Fund, if authorised by the Minister and the
Minister administering the Health Act
1958.".
8. Application of Parts 5A and 5B to the Crown
20 In section 217(1) of the Building Act 1993, after
"Parts 2, 3, 4, 5," insert "5A, 5B,".
9. Change concerning plumbing work compliance
certificate
After section 221ZH(1)(c) of the Building Act
25 1993 insert--
"; and
(d) the construction, installation, alteration,
relocation or replacement of a cooling tower
or of any other part of a cooling tower
30 system (including the installation or
replacement of any associated device or
equipment).".
10. Insertion of section 221ZZZS
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After section 221ZZZR of the Building Act 1993
insert--
"221ZZZS. Commission may disclose cooling tower
information
5 The Commission may disclose any
information it obtains under this Part that
relates to a cooling tower system to the
Building Control Commission and the
Secretary to the Department of Human
10 Services.".
11. Plumbing regulations may regulate cooling towers
After section 221ZZZV(1)(g) of the Building Act
1993 insert--
"(ga) regulating the construction, installation,
15 alteration, relocation or replacement of a
cooling tower or of any part of a cooling
tower system;
(gb) requiring the installation and use of specified
devices or equipment in cooling towers or
20 cooling tower systems, including in existing
cooling towers and cooling tower systems;".
12. Proceedings for offences
After section 241(1) of the Building Act 1993
insert--
25 "(1A) Proceedings for an offence against Part 5A,
5B or 5C or any regulations relating to
cooling tower systems (other than
regulations made under Part 12A) may be
brought by an inspector within the meaning
30 Part 5C.".
13. Additional fee regulation-making power
(1) After section 261(k) of the Building Act 1993
insert--
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"(ka) fees payable for the registration or renewal
of registration of cooling tower systems,
including application fees;".
(2) At the end of section 261 of the Building Act
5 1993 insert--
"(2) Fees imposed by regulations made under
section 261(1)(ka) may be imposed for any
or all of the following purposes--
(a) to cover the costs of administering and
10 enforcing Parts 5A and 5B; and
(b) to cover the costs incurred by the
Commission in carrying out its
functions under section 196(ia); and
(c) to cover the costs incurred by the
15 Secretary to the Department of Human
Services in carrying out any function
conferred on the Secretary by or under
any Act in relation to cooling tower
systems or the eradication, prevention
20 or control of Legionella; and
(d) to enable education and research
activities relating to the eradication,
prevention or control of Legionella to
be undertaken.".
25 _______________
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s. 14
Act No.
PART 3--AMENDMENTS TO THE HEALTH ACT 1958
14. Additional regulation-making powers
(1) In section 146(1) of the Health Act 1958--
(a) after paragraph (c)(ii) insert--
5 "; and
(iia) the use, cleaning, maintenance,
examination, testing and
decontamination of any place or thing
likely to give rise to, harbour,
10 propagate, or contribute to the spread
of, any infectious disease; and";
(b) after paragraph (c)(vi) insert--
"; and
(vii) the preparation, maintenance and
15 availability of records in relation to any
thing referred to in this paragraph;
and";
(c) after paragraph (l)(i)(C) insert--
"; and
20 (D) the preparation, maintenance and
availability of records in relation to the
premises or anything at the premises;
and".
(2) After section 146(2)(d) of the Health Act 1958
25 insert--
"; and
(e) may provide in a specified case or class of
case for the exemption of people or things
from any of the provisions of the regulations,
30 whether unconditionally or on specified
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conditions, and either wholly or to such
extent as is specified.".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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