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BUILDING ACT 1993 - SECT 230 Register of exercise of powers of entry

BUILDING ACT 1993 - SECT 230

Register of exercise of powers of entry

    (1)     The Authority must keep a register containing the prescribed information relating to the exercise of a power of entry under Subdivision 5 by any of the following authorised persons referred to in  section 228

        (a)     a VBA inspector;

        (b)     a compliance auditor appointed under Part 12A;

        (c)     a plumbing inspector appointed under Part 12A.

    (2)     A council must keep a register containing the prescribed information relating to the exercise of a power of entry under Subdivision 5 by any of the following authorised persons referred to in  section 228

        (a)     a municipal building surveyor of that council or a person authorised by a municipal building surveyor of that council to act on behalf of the municipal building surveyor;

        (b)     a relevant building surveyor, who is a municipal building surveyor, or a person authorised by the relevant building surveyor to act on behalf of the relevant building surveyor.

    (3)     Energy Safe Victoria must keep a register containing the prescribed information relating to the exercise of a power of entry under Subdivision 5 by a person acting on behalf of Energy Safe Victoria.

    (4)     A relevant building surveyor, who is a private building surveyor, must keep a register containing the prescribed information relating to the exercise of a power of entry under Subdivision 5 by the relevant building surveyor or a person authorised by the relevant building surveyor to act on behalf of the relevant building surveyor.

    (5)     The Authority may inspect a register required to be kept by a person under this section.

    (6)     The occupier of a building or land, in respect of which a power of entry under Subdivision 5 has been exercised, may request that the person required to keep a register under this section containing information about the exercise of that power provides an extract to the occupier of that information.

    (7)     A person required to keep a register under this section must—

        (a)     keep the prescribed information relating to each exercise of a power of entry under Subdivision 5 for 10 years after the date of that entry; and

        (b)     make the register available for inspection by the Authority on the request of the Authority at a time agreed to between the person and the Authority; and

        (c)     provide an extract under subsection (6) if so requested.

S. 231 substituted by No. 21/2017 s. 46.