BUILDING ACT 1993 - SCHEDULE 7
BUILDING ACT 1993 - SCHEDULE 7
Schedule 7—Transitional and savings provisions relating to the Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013
Part 1—Preliminary
1 Definitions
In this Schedule—
"Building Administration Fund "means the Building Administration Fund established and administered by the Building Commission under section 200 as in force immediately before the commencement day;
"Building Commission" means the Building Commission established by section 193 as in force immediately before the commencement day;
"Building Commissioner" means the Commissioner of the Building Commission;
"commencement day" means the day on which the 2013 Act came into operation;
Note
The Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013 came into operation on 1 July 2013.
"plumbing fund" means the fund established and administered by the Plumbing Industry Commission under section 221ZZZR as in force immediately before the commencement day;
"Plumbing Industry Advisory Council "means the body established under Division 9A of Part 12A as in force immediately before the commencement day;
"Plumbing Industry Commission" means the Plumbing Industry Commission established by section 221ZZR as in force immediately before the commencement day;
"Plumbing Industry Commissioner" means the Commissioner of the Plumbing Industry Commission;
"Registrar" has the same meaning as it has in section 221B ;
"Registrar of the Plumbing Industry Commission" means the Registrar of the Plumbing Industry Commission appointed or employed under section 221ZZX as in force immediately before the commencement day;
2013 Act means the Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013 .
Part 2—Building Commission
2 Building Commission
On the commencement day—
(a) the Building Commission is abolished and the Building Commissioner goes out of office; and
(b) the Victorian Building Authority becomes the successor in law of the Building Commission; and
(c) all rights, assets, liabilities and obligations of the Building Commission immediately before the commencement day become rights, assets, liabilities and obligations of the Victorian Building Authority; and
(d) the Victorian Building Authority is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Building Commission; and
(e) the Victorian Building Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Building Commission; and
(f) any matter or thing done under an enactment or subordinate instrument by the Building Commission before the commencement day is taken to have been done by the Victorian Building Authority, so far as it relates to any period after the commencement day.
3 Superseded references
On and from the commencement day, any reference to the Building Commission in any Act, subordinate instrument, agreement or other document is taken to be a reference to the Victorian Building Authority, so far as it relates to any period after the commencement day.
Sch. 7 cls 4, 5 repealed by No. 21/2017 s. 100(7).
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6 Transfer of staff
(1) On and from the commencement day, all persons who were appointed or employed by the Building Commission under section 205 as in force immediately before the commencement day, and whose appointments or employment were in force immediately before the commencement day, are taken to be appointed or engaged by the Victorian Building Authority under section 204.
(2) A person taken to be appointed or engaged by the Authority under subclause (1) is taken to be appointed or engaged on the same terms and with the same accrued and accruing entitlements as applied to the person immediately before the commencement day.
(3) If a person is taken to be appointed or engaged by the Authority under subclause (1)—
(a) the service of the person with the Authority is to be regarded for all purposes as having been continuous with the person's service with the Building Commission; and
(b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be appointed or employed by the Building Commission.
(4) Nothing in this clause prevents a person appointed or employed by the Building Commission from resigning or being dismissed at any time after the commencement day in accordance with the terms of his or her appointment or employment.
7 Immunity of former Commissioners and staff
On and from the commencement day, an entitlement of the Building Commissioner or a person appointed, employed or engaged by the Building Commission to immunity under section 127, as in force immediately before the commencement day, in relation to anything done before the commencement day continues to apply to the Commissioner or person.
8 Building Administration Fund
(1) On the commencement day, all amounts standing to the credit of the Building Administration Fund immediately before the commencement day are credited to the Building account of the Victorian Building Authority Fund.
(2) Without limiting the generality of subclause (1)—
(a) all amounts standing to the credit of the general account of the Building Administration Fund immediately before the commencement day are credited to the building general account; and
(b) all amounts standing to the credit of the building permit levy account of the Building Administration Fund immediately before the commencement day are credited to the building permit levy account; and
(c) all amounts standing to the credit of the domestic building account of the Building Administration Fund immediately before the commencement day are credited to the domestic building account; and
(d) all amounts standing to the credit of the domestic building dispute account of the Building Administration Fund immediately before the commencement day are credited to the domestic building dispute account.
(3) Words and expressions used in this clause have the same meaning as they have in section 205.
9 Inquiries by Building Practitioners Board—new decisions
Section 179(2) as amended by section 10 of the 2013 Act does not apply to a decision of the Building Practitioners Board on an inquiry commenced before the commencement day.
10 Building practitioner appeals
(1) This clause applies to an appeal to the Building Appeals Board under section 143 as in force immediately before the commencement day that had commenced but had not been determined before the commencement day.
(2) Despite the repeal of section 143 by the 2013 Act, the Building Appeals Board may continue to hear and determine the appeal—
(a) if the Building Appeals Board has accepted a written submission from a party or commenced to conduct a hearing; or
(b) in any other case, unless the Building Appeals Board refers the matter to the Victorian Civil and Administrative Tribunal under subclause (3).
(3) For the purposes of subclause (2)(b), the Building Appeals Board, on the application of the appellant, may refer an appeal to the Victorian Civil and Administrative Tribunal for hearing and determination.
(4) The Victorian Civil and Administrative Tribunal may hear and determine an appeal referred to it under subclause (3) as if the appeal were an application for review under section 25J or section 182A (as the case requires).
Part 3—Plumbing Industry Commission
11 Plumbing Industry Commission
On the commencement day—
(a) the Plumbing Industry Commission is abolished and the Plumbing Industry Commissioner goes out of office; and
(b) the Victorian Building Authority becomes the successor in law of the Plumbing Industry Commission; and
(c) all rights, assets, liabilities and obligations of the Plumbing Industry Commission immediately before the commencement day become rights, assets, liabilities and obligations of the Victorian Building Authority; and
(d) the Victorian Building Authority is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Plumbing Industry Commission; and
(e) the Victorian Building Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Plumbing Industry Commission; and
(f) any matter or thing done under an enactment or subordinate instrument by the Plumbing Industry Commission before the commencement day is taken to have been done by the Victorian Building Authority, so far as it relates to any period after the commencement day.
12 Superseded references
On and from the commencement day, any reference to the Plumbing Industry Commission in any Act, subordinate instrument, agreement or other document, as far as it relates to any period after the commencement day, is taken to be a reference to the Victorian Building Authority.
Sch. 7 cl. 13(1) repealed by No. 21/2017 s. 100(7).
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(2) On and from the commencement day, any reference to the Plumbing Industry Advisory Council in any Act, subordinate instrument, agreement or other document, as far as it relates to any period after the commencement day, is taken to be a reference to the Plumbing Advisory Council.
14 Registrar of Plumbing Industry Commission
On the commencement day—
(a) the position of Registrar of the Plumbing Industry Commission is abolished and the person occupying that position goes out of office but is taken to be a person appointed or engaged by the Authority in accordance with clause 16; and
(b) the Registrar may continue and complete any continuing matter or thing commenced by or against or in relation to the Registrar of the Plumbing Industry Commission; and
(c) any matter or thing done under an enactment or subordinate instrument by the Registrar of the Plumbing Industry Commission before the commencement day is taken to have been done by the Registrar, so far as it relates to any period after the commencement day.
15 Superseded references
On and from the commencement day, any reference to the Registrar of the Plumbing Industry Commission in any Act, subordinate instrument, agreement or other document, as far as it relates to any period after the commencement day, is taken to be a reference to the Registrar.
16 Transfer of staff
(1) On and from the commencement day, all persons who were appointed or employed by the Plumbing Industry Commission under section 221ZZX as in force immediately before the commencement day, and whose appointments or employment were in force immediately before the commencement day, are taken to be appointed or engaged by the Victorian Building Authority under section 204.
(2) A person taken to be appointed or engaged by the Authority under subclause (1) is taken to be appointed or engaged on the same terms and with the same accrued and accruing entitlements as applied to the person immediately before the commencement day.
(3) If a person is taken to be appointed or engaged by the Authority under subclause (1)—
(a) the service of the person with the Authority is to be regarded for all purposes as having been continuous with the person's service with the Plumbing Industry Commission; and
(b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be appointed or employed by the Plumbing Industry Commission.
(4) Nothing in this clause prevents a person appointed or employed by the Plumbing Industry Commission from resigning or being dismissed at any time after the commencement day in accordance with the terms of his or her appointment or employment.
17 Immunity of former Commissioners and staff
On and from the commencement day, an entitlement of the Plumbing Industry Commissioner or a person appointed or employed by the Plumbing Industry Commission to immunity under section 127, as in force immediately before the commencement day, in relation to anything done before the commencement day continues to apply to the Commissioner or person.
18 Plumbing fund
On the commencement day, all amounts standing to the credit of the plumbing fund immediately before the commencement day are credited to the Plumbing account of the Victorian Building Authority Fund.
Part 4—Miscellaneous
Sch. 7 cl. 19 repealed by No. 21/2017 s. 100(7).
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20 Registrar of Titles to amend Register
The Registrar of Titles, on being requested to do so and on submission of any
relevant certificate of title or other document, must make any amendments to
the Register under the provisions of the Transfer of Land Act 1958 that are
necessary because of the operation of any provision of the 2013 Act.
Sch. 8 inserted by No. 15/2016 s. 58.