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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Building (Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Change of name of Commission 2
4. Changes concerning incorporation by reference 3
5. Insertion of section 9A 3
9A. Regulatory impact statement not required for certain
amendments 3
6. Insertion of section 15A 4
15A. Building regulations with respect to swimming pools and
spas 4
7. Insurance for protection work 4
8. Membership of bodies 6
9. Builder must be registered in proper category or class 7
10. Insertion of section 179A 8
179A. Inquiries into conduct of building practitioners who are
no longer registered 8
11. Insertion of section 216B 8
216B. Delegation by municipal building surveyor 8
12. Application of Act to lessees or licensees of Crown land 9
13. Regulation-making powers 9
14. Insertion of section 265 9
265. Transitional--Effect of change to Commission's name 10
15. Insertion of section 266 10
266. Transitional--Effect of change of membership 10
16. Repeal of regulation-making power for swimming pools and spas 11
17. Amendment to Domestic Building Contracts Act 1995 11
18. Amendment to the Electricity Industry (Residual Provisions)
Act 1993 11
19. Amendment to the Loy Yang B Act 1992 11
20. Amendment to the Victorian Civil and Administrative
Tribunal Act 1998 11
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Clause Page
ENDNOTES 13
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PARLIAMENT OF VICTORIA
Initiated in Assembly 26 September 2001
A BILL
to amend the Building Act 1993 and for other purposes.
Building (Amendment) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Building Act 1993--
(a) to change the title of the Building Control
5 Commission to the Building Commission;
and
(b) to streamline the processes involved in
applying, adopting or incorporating planning
schemes into the building regulations; and
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Building (Amendment) Act 2001
s. 2
Act No.
(c) to widen the classes of person who can be
appointed as members of various bodies
established under that Act; and
(d) to otherwise improve the operation of that
5 Act.
2. Commencement
(1) This section and sections 1, 4, 5, 9, 10 and 13
come into operation on the day after the day on
which this Act receives the Royal Assent.
10 (2) Sections 3 and 14 come into operation on
1 January 2002.
(3) Sections 8 and 15 come into operation on a day to
be proclaimed.
(4) Subject to sub-section (5), the remaining
15 provisions of this Act come into operation on a
day or days to be proclaimed.
(5) If a provision referred to in sub-section (3) or (4)
does not come into operation before 1 July 2002,
it comes into operation on that day.
20 3. Change of name of Commission
(1) In section 3(1) of the Building Act 1993--
(a) in the definition of "Commission" omit
"Control";
(b) in the definition of "Commissioner" omit
25 "Control".
(2) In the heading to Division 2 of Part 12 of the
Building Act 1993 omit "Control".
(3) In sections 193(1), 221ZZZS and 261(1)(o) of the
Building Act 1993 omit "Control".
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(4) For section 221ZZXB(1)(c) of the Building Act
1993 substitute--
"(c) the Commissioner of the Building
Commission; and".
5 4. Changes concerning incorporation by reference
(1) For section 9(2) of the Building Act 1993
substitute--
"(2) Section 32 of the Interpretation of
Legislation Act 1984 does not apply to the
10 application, adoption or incorporation by the
building regulations of any matter contained
in a planning scheme approved under the
Planning and Environment Act 1987.".
(2) Part 2 of Schedule 1 to the Building Act 1993 is
15 repealed.
5. Insertion of section 9A
After section 9 of the Building Act 1993 insert--
"9A. Regulatory impact statement not required
for certain amendments
20 (1) This section applies if a particular building
regulation applies, adopts or incorporates
any matter contained in a planning scheme
approved under the Planning and
Environment Act 1987.
25 (2) Despite anything to the contrary in Part 2 of
the Subordinate Legislation Act 1994, it is
not necessary for the Minister to ensure that
a regulatory impact statement is prepared in
respect of that regulation.".
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Building (Amendment) Act 2001
s. 6
Act No.
6. Insertion of section 15A
After section 15 of the Building Act 1993
insert--
"15A. Building regulations with respect to
5 swimming pools and spas
(1) The Governor in Council may make
regulations for or with respect to--
(a) the construction, installation,
maintenance and operation of
10 swimming pools and spas and
associated services; and
(b) the construction, installation,
maintenance, operation and use of--
(i) equipment associated with
15 swimming pools and spas,
including safety equipment; and
(ii) swimming pool barriers and spa
barriers and associated services.
(2) Despite section 262(f), regulations made
20 under sub-section (1) may impose penalties
not exceeding 50 penalty units for a
contravention of those regulations.".
7. Insurance for protection work
(1) For section 93(1) of the Building Act 1993
25 substitute--
"(1) Before any protection work is commenced in
respect of an adjoining property, an owner
must ensure that a contract of insurance is in
force, in accordance with this section,
30 against--
(a) damage by the proposed protection
work to the adjoining property; and
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Act No.
(b) any liabilities likely to be incurred to
adjoining occupiers and members of the
public during the carrying out of the
building work and for a period of
5 12 months after that building work is
completed.
Penalty: 100 penalty units, in the case of a
natural person.
500 penalty units, in the case of a
10 body corporate.".
(2) In section 93(3) of the Building Act 1993, after
"lodge" insert "a copy of".
(3) At the foot of section 93(3) of the Building Act
1993 insert--
15 "Penalty: 10 penalty units, in the case of a natural
person.
50 penalty units, in the case of a body
corporate.".
(4) For section 93(4) of the Building Act 1993
20 substitute--
"(4) The owner must ensure that the contract of
insurance is renewed or extended as often as
may be necessary during the carrying out of
the building work and for 12 months after
25 that work is completed.
Penalty: 100 penalty units, in the case of a
natural person.
500 penalty units, in the case of a
body corporate.
30 (5) The owner must lodge a copy of a document
evidencing the renewal or extension of the
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contract of insurance with the adjoining
owner as soon as it is practicable to do so
after the renewal or extension.
Penalty: 10 penalty units, in the case of a
5 natural person.
50 penalty units, in the case of a
body corporate.".
8. Membership of bodies
(1) After section 166(3)(b) of the Building Act 1993
10 insert--
"(ba) at least one person who is a legal practitioner
within the meaning of the Legal Practice
Act 1996 and who has been admitted to legal
practice in Victoria for not less than 5 years;
15 and
(bb) at least one person who, in the Minister's
opinion, is able to represent the interests of
users of the services of building
practitioners; and".
20 (2) After section 184(2)(a) of the Building Act 1993
insert--
"(ab) at least one is to be a person who is a legal
practitioner within the meaning of the Legal
Practice Act 1996 and who has been
25 admitted to legal practice in Victoria for not
less than 5 years; and
(ac) at least one is to be a person who, in the
Minister's opinion, is able to represent the
interests of users of the services of building
30 practitioners; and".
(3) In section 207 of the Building Act 1993--
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Act No.
(a) in sub-section (2)(g), for "industry."
substitute "industry; and";
(b) after sub-section (2)(g) insert--
"(h) at least one is to be a person who is a
5 legal practitioner within the meaning of
the Legal Practice Act 1996 and who
has been admitted to legal practice in
Victoria for not less than 5 years; and
(i) at least one is to be a person who, in the
10 Minister's opinion, is able to represent
the interests of users of the services of
building practitioners.".
(4) In section 210 of the Building Act 1993--
(a) in sub-section (2)(l), for "industry."
15 substitute "industry;";
(b) after sub-section (2)(l) insert--
"(m) at least one is to be a person who is a
legal practitioner within the meaning of
the Legal Practice Act 1996 and who
20 has been admitted to legal practice in
Victoria for not less than 5 years;
(n) at least one is to be a person who, in the
Minister's opinion, is able to represent
the interests of users of the services of
25 building practitioners.".
9. Builder must be registered in proper category or class
For section 176(2A) of the Building Act 1993
substitute--
"(2A) A builder must not carry out domestic
30 building work of a particular category or
class under a major domestic building
contract unless the builder is registered by
the Building Practitioners Board under this
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Part to carry out domestic building work of
that category or class.".
10. Insertion of section 179A
After section 179 of the Building Act 1993
5 insert--
"179A. Inquiries into conduct of building
practitioners who are no longer registered
(1) A reference to a registered building
practitioner in sections 177, 178 and 179 in
10 relation to the holding of an inquiry into the
conduct of a building practitioner includes a
reference to any person who was a registered
building practitioner at the time of the
conduct, even though that person's
15 registration is suspended at the time any
action is taken under those sections.
(2) Conduct that may be inquired into for the
purposes of sections 177, 178 and 179 in
relation to a person whose registration as a
20 registered building practitioner has been
suspended is limited to conduct that occurred
during the 3 year period that immediately
preceded the suspension.".
11. Insertion of section 216B
25 After section 216A of the Building Act 1993
insert--
"216B. Delegation by municipal building surveyor
The municipal building surveyor of a council
may, by instrument, delegate any of his or
30 her functions under this Act or the
regulations, except this power of delegation,
to any person employed or engaged by the
council who is registered as a building
surveyor under Part 11.".
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Building (Amendment) Act 2001
s. 12
14
Act No.
12. Application of Act to lessees or licensees of Crown
land
After section 217(2A) of the Building Act 1993
insert--
5 '(2B) Despite anything to the contrary in this Act,
Part 8 applies to a lessee or licensee of
Crown land as if a reference in that Part to
the "owner" were a reference to the lessee or
licensee.'.
10 13. Regulation-making powers
(1) In section 261(1) of the Building Act 1993--
(a) for paragraph (la) substitute--
"(la) fees payable for consideration by
reporting authorities of applications for
15 permits referred to them under this Act
or the regulations for consent and
report;";
(b) after paragraph (r) insert--
"(ra) requiring or authorising the testing of
20 essential services in buildings, building
work and places of public
entertainment;".
(2) In Schedule 2 to the Building Act 1993--
(a) in clause 1(e) omit "under section 28 or
25 29A";
(b) in clause 5(1A)--
(i) omit "an authority which is";
(ii) omit "under section 28 or 29A".
14. Insertion of section 265
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Act No.
After section 264 of the Building Act 1993
insert--
"265. Transitional--Effect of change to
Commission's name
5 (1) The Building Commission is the same body
as the Building Control Commission, despite
the change to its name by section 3(3) of the
Building (Amendment) Act 2001 and no
act, matter or thing is to be affected because
10 of that change of name.
(2) On and from the commencement of this
section, in any Act or in any instrument
made under any Act or in any other
document of any kind, a reference to the
15 Building Control Commission is deemed to
be a reference to the Building Commission,
unless the contrary intention appears.".
15. Insertion of section 266
At the end of Part 14 of the Building Act 1993
20 insert--
"266. Transitional--Effect of change of
membership
(1) The Building Appeals Board is deemed to be
the same body despite the change to its
25 membership made by section 8(1) of the
Building (Amendment) Act 2001.
(2) The Building Practitioners Board is deemed
to be the same body despite the change to its
membership made by section 8(2) of the
30 Building (Amendment) Act 2001.
(3) The Building Advisory Council is deemed to
be the same body despite the change to its
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Building (Amendment) Act 2001
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membership made by section 8(3) of the
Building (Amendment) Act 2001.
(4) The Building Regulations Advisory
Committee is deemed to be the same body
5 despite the change to its membership made
by section 8(4) of the Building
(Amendment) Act 2001.".
16. Repeal of regulation-making power for swimming
pools and spas
10 In Part 1 of Schedule 1 to the Building Act 1993,
item 19 is repealed.
17. Amendment to Domestic Building Contracts Act 1995
In section 3(1) of the Domestic Building
Contracts Act 1995, in the definition of
15 "Commission", omit "Control".
18. Amendment to the Electricity Industry (Residual
Provisions) Act 1993
In section 84AC of the Electricity Industry
(Residual Provisions) Act 1993 omit "Control".
20 19. Amendment to the Loy Yang B Act 1992
In section 22 of the Loy Yang B Act 1992 omit
"Control".
20. Amendment to the Victorian Civil and Administrative
Tribunal Act 1998
25 (1) Insert the following heading to clause 12 of
Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998--
"Referral to Director, Building Commission or
Building Practitioners Board".
30 (2) In Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998, in clause
12(1), omit "Control".
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(3) Insert the following heading to clause 40 of
Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998--
"Referral to Director, Building Commission or
5 Building Practitioners Board".
(4) In Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998, in clause
40(1), omit "Control".
10
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Building (Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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