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BUILDING ACT 1993 - SECT 208 Appointment of Building Monitor

BUILDING ACT 1993 - SECT 208

Appointment of Building Monitor

    (1)     The Governor in Council may, by instrument, on the recommendation of the Minister, appoint a natural person to the office of the Building Monitor.

    (2)     Subject to this section, the Building Monitor holds office for the term specified in the instrument of appointment, which must not exceed 5 years.

    (3)     The Building Monitor holds office on the terms and conditions determined by the Governor in Council and specified in the instrument of appointment, which must not be inconsistent with this Act.

    (4)     The Building Monitor is eligible for re‑appointment on one occasion.

    (5)     The Building Monitor is entitled to be paid the remuneration and allowances determined by the Governor in Council.

    (6)     The Public Administration Act 2004 (other than Part 3, except as provided by section 16, of that Act) applies to the Building Monitor in respect of the office of the Building Monitor.

    (7)     The Building Monitor is a public entity for the purposes of the Public Administration Act 2004 .

    (8)     Despite anything to the contrary in the Financial Management Act 1994 , the Building Monitor is not a public body within the meaning of that Act.

    (9)     The Building Monitor must not—

        (a)     directly or indirectly engage in any paid or unpaid employment in the building industry or the plumbing industry outside the functions of the Building Monitor without the prior approval of the Minister; or

        (b)     be appointed to an office, or as a member of any body established, under this Act (other than the Building Regulations Advisory Committee and the Plumbing Advisory Council) or the Domestic Building Contracts Act 1995 , the Architects Act 1991 or the Cladding Safety Victoria Act 2020 .

S. 208A inserted by No. 11/2023 s. 25.