BUILDING ACT 1993 - SECT 210 Membership and procedure
BUILDING ACT 1993 - SECT 210
Membership and procedure(1) The members of the Building Regulations Advisory Committee are to be appointed by the Minister.
(2) Of those members—
S. 210(2)(a) substituted by No. 34/2013 s. 22(3).
(a) one is to be the Chief Commissioner or a Commissioner nominated by the Chief Commissioner, who is to be chairperson of the Committee;
S. 210(2)(b) amended by No. 101/1994 s. 64.
(b) one is to be nominated by the Minister administering Part 4 of the Project Development and Construction Management Act 1994 ;
S. 210(2)(c) amended by No. 20/2019 s. 147.
(c) one is to be nominated by the Minister administering the Country Fire Authority Act 1958 and the Minister administering the Fire Rescue Victoria Act 1958 ;
(d) one is to be nominated by the Melbourne City Council and is to be a person who, in the Minister's opinion, has experience in matters provided for by this Act or the regulations;
(e) one is to be chosen from a list of 3 names submitted by the Royal Australian Institute of Architects, Victorian Chapter;
(f) one is to be chosen from a list of 3 names submitted by the Institution of Engineers, Australia, Victoria Division;
(g) one is to be chosen from a list of 3 names submitted by the Master Builders Association of Victoria;
S. 210(2)(h) amended by No. 34/1997 s. 30(a).
(h) one is to be chosen from a list of 3 names submitted by the Housing Industry Association, Victoria/Tasmania Division;
S. 210(2)(i) amended by No. 34/1997 s. 18.
(i) one is to be chosen from a list of 3 names submitted by the Property Council of Australia, Victoria Division;
(j) one is to be chosen from a list of 3 names submitted by the Municipal Association of Victoria;
S. 210(2)(ja) inserted by No. 3/2020 s. 28.
(ja) one is to be nominated by the Building Designers Association of Victoria Inc.;
(k) two are to be chosen from a list of 6 names submitted by the Australian Institute of Building Surveyors, Victorian Chapter;
S. 210(2)(l) inserted by No. 71/1995 s. 19(1), amended by No. 68/2001 s. 8(4)(a).
(l) one is to be a person who in the Minister's opinion, has experience in the building industry or in matters related to that industry;
S. 210(2)(m) inserted by No. 68/2001 s. 8(4)(b), substituted by No. 18/2005 s. 18(Sch. 1 item 10.4), amended by No. 17/2014 s. 160(Sch. 2 item 11).
(m) at least one is to be an Australian lawyer of at least 5 years' standing;
S. 210(2)(n) inserted by No. 68/2001 s. 8(4)(b), substituted by No. 11/2023 s. 27.
(n) one is to be the Building Monitor or a person nominated by the Building Monitor to represent the Building Monitor and who must be employed by the Secretary to the Department.
S. 210(2A) inserted by No. 34/2013 s. 22(4).
(2A) For the purposes of subsection (2)(a), the Chief Commissioner may nominate a Commissioner to act in the place of the Chief Commissioner in his or her absence.
(3) If there is or there is to be a vacancy in the membership of the Building Regulations Advisory Committee under subsection (2)(b) to (k), the Minister may, as appropriate, request the relevant Minister to make a nomination for appointment or the relevant organisation to submit a list of names within a period specified in the request.
(4) The Minister may appoint an otherwise eligible person to be a member of the Committee without a nomination or list of names, if that request is not complied with.
(5) Parts 1 and 2 (except for clause 8) of Schedule 3 apply to the membership and procedure of the Building Regulations Advisory Committee in the same way as they apply to a Board.