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BUILDING ACT 1993 - NOTES
No. 126 of 1993
Version incorporating amendments as at 1 September 2009
ENDNOTES
1. General Information
Minister's second reading speech-
Legislative Assembly: 11 November 1993
Legislative Council: 30 November 1993
The long title for the Bill for this Act was "A Bill to provide for the regulation of building and building standards, to amend various Acts and for other purposes.".
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 11 November 1993
Legislative Council: 30 November 1993
Absolute majorities:
Legislative Assembly: 26 November 1993
Legislative Council: 1 December 1993
The Building Act 1993 was assented to on 14 December 1993 and came into operation as follows:
Sections 1, 2 on 14 December 1993; Schedule 4 clause 11(2)(3) on 14 April 1994: Government Gazette 14 April 1994 page 882; sections 3-23, 24(1)(2)(4), 25-56, 57(1)(a)(2), 58-135, 137-175, 176(1)(a)(i)-(iii)(b)(c) (2)-(7), 177-264, Schedules 1-3, 4 (clauses 1-10, 11(1)(4)-(7), 12-26), 5 on 1 July 1994: Special Gazette (No. 42) 1 July 1994 page 1; section 24(3) on 16 January 1995: Government Gazette 15 December 1994 page 3308; rest of Act on 1 March 1995: section 2(3).
2. Table of Amendments
This Version incorporates amendments made to the Building Act 1993 by Acts and subordinate instruments.
-------------------------------------------------------------
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date:
31.5.94
Commencement Date:
S. 4(Sch. 2 item 9) on 1.1.95: Government Gazette 28.7.94 p. 2055
Current State:
This information relates only to the provision/s amending the Building Act 1993
Project Development and Construction Management Act 1994, No. 101/1994
Assent Date:
13.12.94
Commencement Date:
S. 64 on 22.5.95: Government Gazette 18.5.95 p. 1180
Current State:
This information relates only to the provision/s amending the Building Act 1993
Equal Opportunity Act 1995, No. 42/1995
Assent Date:
14.6.95
Commencement Date:
S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 6 on 1.1.96: Government Gazette 21.12.95 p. 3571
Current State:
This information relates only to the provision/s amending the Building Act 1993
Planning and Environment (Development Contributions) Act 1995, No. 50/1995
Assent Date:
14.6.95
Commencement Date:
S. 5 on 30.11.95: Government Gazette 30.11.95 p. 3303
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building (Amendment) Act 1995, No. 71/1995 (as amended by Nos 91/1995, 34/1997)
Assent Date:
31.10.95
Commencement Date:
Ss 1, 2 on 31.10.95: s. 2(1); ss 3-6, 8, 10-19, 22-25 on 1.12.95: Government Gazette 16.11.95 p. 3171; s. 7 on 1.2.96: Government Gazette 21.12.95 p. 3570; ss 9, 21 never proclaimed, repealed by No. 91/1995 s. 156; s. 20 on 1.5.96: Government Gazette 18.4.96 p. 913
Current State:
All of Act in operation
Domestic Building Contracts and Tribunal Act 1995, No. 91/1995
Assent Date:
5.12.95
Commencement Date:
Pt 7 (ss 136-156) on 1.5.96: Government Gazette 29.2.96 p. 445
Current State:
This information relates only to the provision/s amending the Building Act 1993
Heritage Act 1995, No. 93/1995
Assent Date:
5.12.95
Commencement Date:
S. 218(1)(Sch. 2 items 1.1, 1.2) on 23.5.96: Government Gazette 23.5.96 p. 1248
Current State:
This information relates only to the provision/s amending the Building Act 1993
Domestic Building Contracts and Tribunal (Amendment) Act 1996, No. 2/1996 (as amended by No. 34/1997)
Assent Date:
18.6.96
Commencement Date:
18.6.96
Current State:
All of Act in operation
Building (Amendment) Act 1996, No. 39/1996
Assent Date:
12.11.96
Commencement Date:
Ss 3-10 on 24.3.97: s. 2(2); s. 29 on 29.11.98: s. 2(3)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building (Further Amendment) Act 1997, No. 34/1997
Assent Date:
3.6.97
Commencement Date:
S. 32 on 31.10.95: s. 2(2); s. 33(1) on 18.6.96: s. 33(2); ss 1, 2 on 3.6.97: s. 2(1); rest of Act on 1.8.97: Special Gazette (No. 84) 29.7.97 p. 1
Current State:
All of Act in operation
Local Government (Miscellaneous Amendment) Act 1997, No. 76/1997
Assent Date:
25.11.97
Commencement Date:
S. 23 on 25.11.97: s. 2(1)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Vocational Education and Training (Training Framework) Act 1997, No. 80/1997
Assent Date:
25.11.97
Commencement Date:
S. 55(Sch. 1 item 1) on 1.1.98: Government Gazette 18.12.97 p. 3614
Current State:
This information relates only to the provision/s amending the Building Act 1993
Alpine Resorts (Management) Act 1997, No. 89/1997
Assent Date:
9.12.97
Commencement Date:
S. 70 on 30.4.98: Government Gazette 30.4.98 p. 926
Current State:
This information relates only to the provision/s amending the Building Act 1993
Gas Safety Act 1997, No. 99/1997
Assent Date:
16.12.97
Commencement Date:
S. 121 on 1.2.99: Government Gazette 21.1.99 p. 80
Current State:
This information relates only to the provision/s amending the Building Act 1993
Residential Tenancies Act 1997, No. 109/1997
Assent Date:
23.12.97
Commencement Date:
S. 533(Sch. 2 item 1.1) on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building (Amendment) Act 1998, No. 18/1998
Assent Date:
5.5.98
Commencement Date:
Ss 3-9 on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 2; ss 10, 11 on 1.7.99: s. 2(3)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 item 10) on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the Building Act 1993
Mutual Recognition (Victoria) Act 1998, No. 62/1998
Assent Date:
27.10.98
Commencement Date:
S. 8(1) on 27.10.98: s. 2(1)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building (Plumbing) Act 1998, No. 75/1998 (as amended by No. 74/2000)
Assent Date:
10.11.98
Commencement Date:
Ss 3-5, 7-20 on 1.1.99: Government Gazette 17.12.98 p. 3053; s. 6 on 1.7.99: Government Gazette 3.6.99 p. 1256
Current State:
This information relates only to the provision/s amending the Building Act 1993
Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date:
17.11.98
Commencement Date:
S. 24(Sch. item 6) on 1.1.99: s. 2(3)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Gas Industry Acts (Amendment) Act 1998, No. 91/1998
Assent Date:
24.11.98
Commencement Date:
S. 35 on 1.9.99: Government Gazette 5.8.99 p. 1825
Current State:
This information relates only to the provision/s amending the Building Act 1993
Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999
Assent Date:
18.5.99
Commencement Date:
S. 22 on 1.9.99: Government Gazette 19.8.99 p. 1901
Current State:
This information relates only to the provision/s amending the Building Act 1993
Planning and Environment (Amendment) Act 2000, No. 28/2000
Assent Date:
30.5.00
Commencement Date:
Ss 12-20 on 1.11.00: Special Gazette (No. 157) 1.11.00 p. 2
Current State:
This information relates only to the provision/s amending the Building Act 1993
Business Registration Acts (Amendment) Act 2000, No. 35/2000
Assent Date:
6.6.00
Commencement Date:
S. 42 on 19.6.00: Government Gazette 15.6.00 p. 1248
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building (Legionella) Act 2000, No. 85/2000
Assent Date:
5.12.00
Commencement Date:
Ss 3, 10, 11 on 6.12.00: s. 2(1); ss 4-9, 12, 13 on 1.3.01: Government Gazette 1.3.01 p. 304
Current State:
This information relates only to the provision/s amending the Building Act 1993
Gas Industry Acts (Amendment) Act 2000, No. 91/2000
Assent Date:
5.12.00
Commencement Date:
S. 38 on 12.4.01: Government Gazette 12.4.01 p. 643
Current State:
This information relates only to the provision/s amending the Building Act 1993
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
Assent Date:
8.5.01
Commencement Date:
S. 3(Sch. item 8) on 1.6.01: s. 2(2)
Current State:
This information relates only to the provision/s amending the Building Act 1993
House Contracts Guarantee (HIH) Act 2001, No. 26/2001
Assent Date:
7.6.01
Commencement Date:
Ss 9-13 on 8.6.01: s. 2(1)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building (Single Dwellings) Act 2001, No. 30/2001
Assent Date:
19.6.01
Commencement Date:
20.6.01: s. 2
Current State:
All of Act in operation
Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001
Assent Date:
19.6.01
Commencement Date:
S. 25 on 1.9.01: s. 2(2)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building (Amendment) Act 2001, No. 68/2001
Assent Date:
7.11.01
Commencement Date:
Ss 4, 5, 9, 10, 13 on 8.11.01: s. 2(1); ss 6, 16 on 21.12.01: Special Gazette (No. 239) 21.12.01 p. 1; ss 3, 14 on 1.1.02: s. 2(2); ss 7, 8, 11, 12, 15 on 1.7.02: s. 2(5)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date:
23.4.02
Commencement Date:
S. 3(Sch. 1 item 6) on 24.4.02: s. 2(1)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building and Construction Industry Security of Payment Act 2002, No. 15/2002
Assent Date:
14.5.02
Commencement Date:
S. 53 on 31.1.03: s. 2(2)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Domestic Building Contracts (Conciliation and Dispute Resolution) Act 2002, No. 36/2002
Assent Date:
18.6.02
Commencement Date:
Ss 9, 10(1)-(3), 11-15 on 1.7.02: s. 2(2); s. 10(4) on 31.5.03: s. 2(3)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Fair Trading (Amendment) Act 2003, No. 30/2003
Assent Date:
27.5.03
Commencement Date:
S. 82 on 28.5.03: s. 2(1)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003, No. 60/2003
Assent Date:
16.6.03
Commencement Date:
Ss 17, 18 on 1.1.04: Government Gazette 18.12.03 p. 3208
Current State:
This information relates only to the provision/s amending the Building Act 1993
Wrongs and Other Acts (Law of Negligence) Act 2003, No. 102/2003
Endnotes
Assent Date:
2.12.03
Commencement Date:
Ss 41, 42 on 1.1.04: Government Gazette 18.12.03 p. 3208
Current State:
This information relates only to the provision/s amending the Building Act 1993
Architects (Amendment) Act 2004, No. 35/2004 (as amended by No. 66/2004)
Assent Date:
8.6.04
Commencement Date:
Ss 34-37 on 14.6.05: Government Gazette 5.5.05 p. 851
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building (Amendment) Act 2004, No. 66/2004
Assent Date:
19.10.04
Commencement Date:
Ss 3-20 on 14.6.05: Government Gazette 5.5.05 p. 851
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building (Cooling Towers and Plumbing) (Amendment) Act 2004, No. 96/2004
Assent Date:
14.12.04
Commencement Date:
Ss 3, 4, 15, 17, 18, 20-22 on 15.12.04: s. 2(1); ss 5-14 on 1.3.05: s. 2(2); ss 16, 19 on 1.2.06: s. 2(4)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Planning and Environment (Development Contributions) Act 2004, No. 101/2004
Assent Date:
14.12.04
Commencement Date:
S. 11 on 15.12.04: s. 2
Current State:
This information relates only to the provision/s amending the Building Act 1993
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 21) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the Building Act 1993
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 10) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s amending the Building Act 1993
Energy Safe Victoria Act 2005, No. 39/2005
Assent Date:
27.7.05
Commencement Date:
S. 54 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1
Current State:
This information relates only to the provision/s amending the Building Act 1993
Health Legislation (Miscellaneous Amendments) Act 2005, No. 42/2005
Assent Date:
2.8.05
Commencement Date:
S. 51 on 3.8.05: s. 2
Current State:
This information relates only to the provision/s amending the Building Act 1993
House Contracts Guarantee (Amendment) Act 2005, No. 52/2005
Assent Date:
13.9.05
Commencement Date:
S. 29 on 1.2.06: Government Gazette 25.1.06 p. 108
Current State:
This information relates only to the provision/s amending the Building Act 1993
Education and Training Reform Act 2006, No. 24/2006
Assent Date:
16.5.06
Commencement Date:
S. 6.1.2(Sch. 7 item 2) on 1.7.07: Government Gazette 28.6.07 p. 1304
Current State:
This information relates only to the provision/s amending the Building Act 1993
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date:
13.6.06
Commencement Date:
S. 94(Sch. item 4) on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State:
This information relates only to the provision/s amending the Building Act 1993
Victorian Urban Development Authority (Amendment) Act 2006, No. 35/2006
Assent Date:
13.6.06
Commencement Date:
Ss 9-11 on 1.9.06: s. 2(2)
Current State:
This information relates only to provision/s amending the Building Act 1993
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date:
10.10.06
Commencement Date:
S. 26(Sch. item 6) on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Statute Law Revision Act 2007, No. 28/2007
Assent Date:
26.6.07
Commencement Date:
S. 3(Sch. item 3) on 27.6.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building Amendment (Plumbing) Act 2007, No. 31/2007
Assent Date:
24.7.07
Commencement Date:
Ss 3-21 on 1.1.08: s. 2(2)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building Amendment Act 2007, No. 54/2007
Assent Date:
7.11.07
Commencement Date:
Ss 3-11 on 8.11.07: s. 2
Current State:
This information relates only to the provision/s amending the Building Act 1993
Motor Car Traders Amendment Act 2008, No. 4/2008
Assent Date:
4.3.08
Commencement Date:
S. 32(Sch. item 2) on 1.12.08: s. 2(2)
Current State:
This information relates only to the provision/s amending the Building Act 1993
Building Amendment Act 2008, No. 36/2008
Assent Date:
26.8.08
Commencement Date:
Ss 16-25 on 1.1.09: Government Gazette 18.12.08 p. 2998; ss 3-15, 26, 27 on 1.9.09: s. 2(2)
Current State:
This information relates only to the provision/s amending the Building Act 1993
-------------------------------------------------------------
3. Explanatory Details
1 S. 3(1) def. of building practitioner para (j): See section 137B for responsibilities of owner builders.
2 S. 3(1) def. of council: If a council refers a function to a regional corporation pursuant to Part 12, references in this Act to a council will be construed as references to the regional corporation and references to the municipal building surveyor will be construed as references to the regional building surveyor.
3 S. 3(1) def. of municipal building surveyor: See note 2.
4 S. 3(1) def. of owner: The definition of land in section 38 of the Interpretation of Legislation Act 1984, No. 10096/1984 reads as follows:
38. Definitions
land includes buildings and other structures permanently affixed to land, land covered with water, and any estate, interest, easement, servitude, privilege or right in or over land.
5 S. 6: Government Gazette 16 June 1994 page 1590 reads as follows:
Building Act 1993
SECTION 6-APPOINTED DAY
I, Robert Maclellan, Minister for Planning, pursuant to section 6 of the Building Act 1993, appoint 1 July 1994, as the day on which the provisions of the Act relating to building practitioners shall apply to the Class of municipal building surveyors and Class of private building surveyor in the Category of building surveyor and the Class of municipal building inspector and the Class of private building inspector in the Category of building inspector.
Government Gazette 27 October 1994 page 2888 reads as follows:
Building Act 1993
SECTION 6-APPOINTED DAY
I, Robert Maclellan, Minister for Planning, pursuant to section 6 of the Building Act 1993, appoint 1 November 1994 as the day on which the provisions of the Act relating to building practitioners shall apply to the Category of quantity surveyor, an engineer engaged in the building industry in the Category of engineer, Class of Civil engineer, Class of Mechanical engineer, and Class of Electrical engineer and draftsperson who carries on a business of preparing plans for building work or preparing documentation relating to permits or permit applications in the Category of draftsperson.
Government Gazette 13 April 1995 page 882 reads as follows:
Building Act 1993
SECTION 6-APPOINTED DAY
I, Robert Maclellan, Minister for Planning, pursuant to section 6 of the Building Act 1993, appoint 5 May 1995 as the day on which the provisions of the Act relating to building practitioners shall apply to the Category of Builder-Class 1 Construction.
Special Gazette (No. 45) 31 May 1995 reads as follows:
Building Act 1993
SECTION 6-APPOINTED DAY
I, Robert Maclellan, Minister for Planning, pursuant to section 6 of the Building Act 1993, appoint 14 June 1995 as the day on which the provisions of the Act relating to building practitioners shall apply to:
(a) the Category of Builder-
(i) Class 2-Demolition-single storey detached Class 1 and 10 buildings; and
(ii) Class 3-Demolition general; and
(b) the Category of Supervisor (temporary structures)-
(i) Class 1-Stages, tiered seating stands, equipment platforms or towers fabricated on site from metal tubes and fittings or other scaffolding components and other materials; and
(ii) Class 2-Special structures-tents, marquees, safety barriers.
Government Gazette 16 November 1995 page 3201 reads as follows:
Building Act 1993
SECTION 6-APPOINTED DAY
I, Robert Maclellan, Minister for Planning, pursuant to section 6 of the Building Act 1993, appoint 31 December 1995 as the day on which the provisions of the Act relating to building practitioners shall apply to all building practitioners within the meaning of the Act (to the extent that it does not already apply).
6 S. 12: The Planning and Environment Act 1987, No. 45/1987 (as amended by this Act) provides that the responsible authority must not include in a planning permit a condition which is inconsistent with this Act or the building regulations under this Act or a relevant determination of the Building Appeals Board under this Act in respect of the land to which the permit applies.
7 S. 49: See section 3(1) definition of conduct.
8 S. 53(2): See section 199 of this Act for powers of Commission.
9 S. 129 def. of building work: See section 3(1) definition of building work in this Act.
10 S. 188A: Clause 4A of Schedule 2 requires the reporting authority, if required by the regulations, to give effect to the guidelines made under this section in considering an application for a building permit for a single dwelling that it is required to report on, or to consent to.
11 S. 190(1): See note 8.
12 S. 207: Section 18(2) of the Building (Amendment) Act 1995, No. 71/1995 reads as follows:
18. Building Advisory Council
(2) The Building Advisory Council is deemed to be the same body despite the change in its membership.
13 S. 210: Section 19(2) of the Building (Amendment) Act 1995, No. 71/1995 reads as follows:
19. Building Regulations Advisory Committee
(2) The Building Regulations Advisory Committee is deemed to be the same body despite the change in its membership.
14 Pt 12A: Part 3 (ss 15-28) of the Building (Amendment) Act 1996, No. 39/1996 reads as follows:
PART 3-REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
15. Definitions applying to this Part
(1) In this Part-
former Act means the Building Control (Plumbers Gasfitters and Drainers) Act 1981;
new Act means the Building Act 1993.
(2) The definitions in section 221B of the new Act apply to this Part.
16. Repeal of the Building Control (Plumbers Gasfitters and Drainers) Act 1981
(1) The former Act is repealed.
(2) Any reference to the former Act 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 Part 12A of the new Act unless the contrary intention appears.
17. Board is the successor of the Plumbers Gasfitters and Drainers Registration Board
(1) The members of the Plumbers Gasfitters and Drainers Registration Board cease to hold office.
(2) The Plumbing Industry Board is the successor in law of the Plumbers Gasfitters and Drainers Registration Board established under the former Act.
(3) Any reference to the Plumbers Gasfitters and Drainers Registration 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 Board, unless the contrary intention appears.
(4) All money in the general fund established under section 91A of the former Act and all money invested under section 91A(6) of the former Act must be paid into the general fund established under section 221ZZZR of the new Act.
18. All existing licences cease to have any effect on 31 December 1996
(1) An endorsement of the register under section 93 of the former Act ceases to have any effect on 23 March 1997.
(2) Any person who was a licensed drainer or plumber within the meaning of section 85 of the former Act with respect to a class of plumbing work immediately before the commencement of this section is deemed to be registered to carry out that class of work under Part 12A of the new Act.
19. Transitional provisions-existing licensed gasfitters
(1) The Board must provisionally license a person to carry out gasfitting work if the person-
(a) was a licensed plumber within the meaning of section 85 of the former Act with respect to Plumbing (Gasfitting) immediately before the commencement of this section; and
(b) applies to be provisionally licensed under this section and returns the registration certificate issued to him or her under the former Act; and
(c) is covered by the required insurance.
(2) Despite anything to the contrary in Part 12A of the new Act, a person who is provisionally licensed under this section need not comply with Division 4 (Compliance Certificates) of that Part in carrying out any gasfitting work.
(3) A provisional licence under this section expires on 23 March 1998.
20. Transitional provisions-all other existing licensed plumbers
The Board must license a person to carry out a class of plumbing work if the person-
(a) was a licensed drainer or plumber within the meaning of section 85 of the former Act with respect to that class of plumbing work immediately before the commencement of this section; and
(b) applies to be licensed to carry out that class of plumbing work and returns the registration certificate issued to him or her under the former Act; and
(c) is covered by the required insurance; and
(d) pays any fee required by the Board.
21. Special provisions concerning registered drainers, duct fixers and roofers
(1) This section only applies to the following classes of plumbing work-
(a) Draining work;
(b) Plumbing (Duct Fixing);
(c) Plumbing (Roofing).
(2) The Board must license a person to carry out a class of plumbing work to which this section applies if the person-
(a) was registered to carry out that class of plumbing work immediately before the commencement of this section; and
(b) applies to be licensed under this section on or before 23 June 1997; and
(c) is covered by the required insurance; and
(d) has passed any additional training course specified by the Board.
(3) A person who was registered to carry out a class of plumbing work to which this section applies immediately before the commencement of this section and who is covered by the required insurance is deemed to be licensed to carry out that class of plumbing work-
(a) until 23 June 1997; or
(b) if the person applies before that date for a licence to carry out that class of plumbing work-
(i) until the Board grants the licence; or
(ii) if the Board refuses to grant the licence under section 221Q-
(A) if the person does not apply to the Administrative Appeals Tribunal for a review of the refusal, until 21 days after the person is given notice of the refusal in writing; or
(B) if the person applies to the Administrative Appeals Tribunal to have the refusal reviewed, until the Tribunal gives its decision to the person in writing or the person abandons the application for review.
22. Transitional provisions-existing registered plumbers
(1) A person who was registered as a plumber in respect of a class of plumbing work under section 92 or 94 of the former Act immediately before the commencement of this section is deemed to be registered to carry out that class of work under Part 12A of the new Act until 23 March 1997.
(2) Any condition or restriction that applied to the person's registration immediately before the commencement of this section continues to apply.
23. Transitional provisions-existing permit holders
(1) A person who held a permit under the former Act in respect of a class of plumbing work immediately before the commencement of this section is deemed to be provisionally registered to carry out that class of work under Part 12A of the new Act until the next anniversary of the issue of the permit.
(2) Any condition or restriction that applied to the permit immediately before the commencement of this section continues to apply.
24. Refunds for the former holders of contractors' authorities
With respect to each person or partnership that held a contractor's authority under the former Act immediately before the commencement of this section, the Board must either -
(a) refund the person or partnership $35; or
(b) give the person a credit of $35 against any future payment or payments the person makes to the Board.
25. Appeals under section 100J of the former Act
(1) This section applies to any appeal under section 100J of the former Act in respect of which the County Court has not delivered a decision before the commencement of this section.
(2) An appeal-
(a) under section 100J(1)(a) is to be treated as if it were an appeal against a refusal to register the person appealing under section 221O of the new Act;
(b) under section 100J(1)(b) or (c) lapses;
(c) under section 100J(1)(d) is to be treated as if it were an appeal against a refusal to license the person appealing under section 221M of the new Act;
(d) under section 100J(1)(e) is to be treated as if it were an appeal against a refusal to register the person appealing under section 221P of the new Act;
(e) against the removal of the name of the person appealing lapses.
(3) In making its decision on any appeal to which this section applies, the County Court must take into account the effect of any relevant changes made by this Act.
26. Appeals under section 106 of the former Act
(1) Sections 106(1), (2) and (3) of the former Act continue to apply to any order made by the Plumbers Gasfitters and Drainers Registration Board under the former Act as if the former Act had not been repealed.
(2) Despite subsection (1), in making its decision on any appeal under section 106 of the former Act, the County Court must take into account the effect of any relevant changes made by this Act.
27. Treatment of pending applications
(1) This section applies to any application to the Plumbers Gasfitters and Drainers Registration Board that has not been finally dealt with by that Board.
(2) An application-
(a) for registration under section 92 or 94 of the former Act is to be treated as if were an application made for registration under section 221O of the new Act;
(b) for endorsement under section 93 or 94A of the former Act is to be treated as if were an application made for registration under section 221M of the new Act;
(c) for a permit under the former Act is to be treated as if were an application made for provisional registration under section 221P of the new Act;
(d) for a contractor's authority under the former Act lapses.
28. Saving of existing Regulations
(1) The Victoria Water Supply and Sewerage Plumbing Regulations 1994 and the Plumbers Gasfitters and Drainers Registration Board Regulations 1988 are deemed to have been made under section 221ZZZV of the Building Act 1993.
(2) The Plumbers Gasfitters and Drainers Registration Board Regulations 1988 are revoked on 29 November 1998, if they are not revoked before that date.
15 S. 221ZZT: The amendment proposed by section 121(6) of the Gas Safety Act 1997, No. 99/1997 is not included in this publication as section 221ZZT was substituted by section 3 of the Building (Plumbing) Act 1998, No. 75/1998.
16 S. 221ZZU: See note 15.
17 Sch. 3 cl. 3(2)(a): Section 56 of the Interpretation of Legislation Act 1984, as it applies to the bankruptcy of a member of a Board to which Schedule 3 of this Act applies, has the effect that the office of a member of a Board becomes vacant if the member's property becomes subject to control under the law relating to bankruptcy.
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Building Act 1993
No. 126 of 1993